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1. What will happen to the house suspected of fraud?
Judging from the actual situation. Not disposed
What will happen if the house is suspected of fraud? How will housing fraud be judged?
1. What will happen to the house suspected of fraud?
Judging from the actual situation. Not disposed
1. What will happen to the house suspected of fraud?
Judging from the actual situation. Not disposed of or confiscated.
If the court decides to confiscate the property, the fraudster's house will generally be confiscated. If the house is owned or lived by criminals and their families, it cannot be confiscated.
criminal law
Article 59
Confiscation of property is the confiscation of part or all of a criminal's personal property. If all property is confiscated, necessary living expenses shall be reserved for criminals and their families. When sentenced to confiscation of property, the property owned or deserved by the criminal's family members shall not be confiscated.
Article 60
If the legal debts incurred by criminals before the confiscation of property need to be repaid with the confiscated property, they shall be repaid at the request of creditors.
Second, what is the sentencing standard for fraud?
1. Whoever commits this crime 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.
Those who defraud public or private property in an amount of more than 3,000 yuan and less than 10,000 yuan, more than 30,000 yuan and more than 100,000 yuan, and more than 500,000 yuan, respectively, are deemed as "large amount", "huge amount" and "especially huge amount".
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
Fraud of public or private property reaches the prescribed amount standard, and under any of the following circumstances, a heavier punishment may be imposed as appropriate in accordance with the provisions:
(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.
Although defrauding public or private property has reached the prescribed standard of "large amount", if it is under any of the following circumstances, and the perpetrator pleads guilty or repents, he may not sue or be exempted from criminal punishment according to the regulations:
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.
The sentencing of fraud is generally to deal with fines in fixed-term imprisonment of less than three years or to deal with other cases. If the amount is especially huge or the circumstances are particularly serious, the maximum sentence can be during the trip. If the judge decides to confiscate the property, the fraudster's house may be confiscated.
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