Standards for filing fraud cases 2023

The standard for filing the crime of fraud is that a natural person with criminal responsibility deliberately defrauds public and private property of more than 3,000 yuan for the purpose of illegal possession.

1. What is the filing standard for fraud?

1. Whoever swindles public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;

2. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;

3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

4. Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal Law.

Those who reach the above amount and have the following circumstances shall be given a heavier punishment as appropriate:

(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;

(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;

(three) fraud in the name of disaster relief fund-raising;

(four) defrauding the disabled, the elderly or the disabled;

(5) Causing the victim to commit suicide, mental disorder or other serious consequences.

Has reached the standard of "large amount", but under any of the following circumstances, and the actor pleads guilty and repents, in accordance with the provisions of Article 37 of the Criminal Law and the Criminal Procedure Law, he may not prosecute or be exempted from criminal punishment:

Having a statutory lenient punishment;

(2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned;

(three) did not participate in the distribution of stolen goods or less stolen goods and not the principal;

(4) the victim understands;

(5) Other circumstances are minor and harmless.

Fraud of the property of a close relative, which is forgiven by the close relative, can generally not be treated as a crime.

If it is really necessary to pursue criminal responsibility by defrauding the property of close relatives, the specific treatment should also be lenient as appropriate.

3. Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).

Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud.

Second, what is the sentencing standard for the crime of fraud with the same crime?

For the crime of * * * with the nature of fraud, the amount of the crime should be determined by the amount of the actor's participation in the crime of * * * with the nature of fraud, and the punishment should be given according to the status, role and illegal income of the actor.

Sentencing standard for fraud (attempted fraud):

If the fraud is attempted, the amount is huge or there are other serious circumstances, it shall be convicted and punished.

Using telecommunications technologies such as sending short messages, making phone calls, and the Internet to defraud an unspecified majority of people, and the amount of fraud is difficult to verify. However, under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted):

(1) Sending more than 5,000 pieces of fraudulent information;

(2) Making fraudulent phone calls for more than 500 times;

(3) The fraudulent means are bad and the harm is serious.

If the number of acts specified in the preceding paragraph reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or if the fraudulent means are particularly bad and the harm is particularly serious, it shall be deemed as "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted).

If fraud is accomplished and attempted, and different sentencing ranges are reached, it shall be punished in accordance with the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as fraud.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 266 of the Criminal Law defrauds public or private property, and if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.