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What is the filing standard of the crime of cheating marriage? Under what circumstances is the crime of cheating marriage established?
If it is fraud, if the amount of fraud is more than 3,000 yuan, it can be identified as fraud, and the public security organ shall file a case according to law and investigate criminal responsibility. According to the criminal law, whoever defrauds 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; 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.
The conditions for the establishment of the crime of cheating on marriage are:
1, the subject of this crime is the general subject;
2. Subjectively, it is direct and intentional;
3. The object of this crime is the ownership of public and private property;
Objectively speaking, it is an act of defrauding a large number of public and private property by fraudulent means such as cheating marriage.
Legal basis:
The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud stipulates that those who defraud public or private property in an amount of more than 3,000 yuan to 10,000 yuan, more than 30,000 yuan to 100,000 yuan, and more than 500,000 yuan are respectively deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law.
Article 266 of the Criminal Law stipulates that whoever defrauds 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; 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; What is cheating marriage? How to determine the amount of punishment? 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.
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