Criteria for filing fraud cases

Hello, there are two criteria for filing fraud. Among them, individuals can defraud public and private property, the amount is more than 5000 yuan to less than 20 thousand yuan. The directly responsible person in charge and other directly responsible personnel of the unit commit fraud in the name of the unit, and the proceeds of fraud shall be owned by the unit. Only when the amount is more than 50,000 yuan and less than 200,000 yuan can a case be filed.

1. What is the filing standard for fraud?

According to the provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the standard of prosecution of economic crimes, the purpose is illegal possession. In the process of signing and performing the contract, anyone who defrauds the other party of property shall be prosecuted if he is suspected of one of the following circumstances:

1. Individuals defraud public or private property in an amount of more than 5,000 yuan but less than 20,000 yuan;

2. The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, with the amount ranging from 50,000 yuan to 200,000 yuan.

(1) Case of filing standard 1

"Individuals who defraud public or private property in an amount of more than 5,000 yuan but less than 20,000 yuan" shall be investigated. This mainly refers to one of the five situations in which an individual commits contract fraud and defrauds others of property with a cumulative amount of more than 5,000 yuan but less than 20,000 yuan as stipulated in Article 224 of the Criminal Law.

(2) Criteria for filing the case in the second case.

"The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, and the amount is more than 50,000 yuan but less than 200,000 yuan", which should be investigated.

According to the provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the prosecution standard of economic crime cases, insurance fraud should be prosecuted if it is suspected of one of the following circumstances:

1. Individuals engage in insurance fraud, and the amount is above 1 10,000 yuan;

2 units engaged in insurance fraud, the amount of more than 50 thousand yuan.

legal ground

Article 224 of the Criminal Law stipulates that whoever, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall 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 3 years 10 years and fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated:

(1) Signing a contract in the name of a fictitious unit or using the name of others;

(2) Using forged, altered or invalid bills or other false certificates of property rights as collateral;

(3) Having no actual performance ability, tricking the other party into continuing to sign and perform the contract by performing the small contract first or partially;

(4) fleeing after receiving the goods, payment, advance payment or secured property paid by the other party;

(5) defrauding the other party's property by other means.

This crime can be committed by both individuals and units. Therefore, as long as a unit or individual commits contract fraud and the property defrauded reaches the standard of "large amount", it constitutes a crime, and the criminal responsibility of the unit or individual shall be investigated according to law.