Definition of fraud

Relevant provisions of the People's Republic of China and the Criminal Law of the People's Republic of China

Article 266: Whoever commits the crime of fraud by defrauding public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, Criminal detention or surveillance, and shall be concurrently or solely 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 particularly huge or there are other particularly 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 particularly huge or there are other particularly 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Imprisonment or life imprisonment, and a fine or confiscation of property. If this law provides otherwise, the provisions shall prevail. [1]

Relevant Judicial Interpretations

The Supreme People's Court and the Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud" on March 1, 2011:

Article 1: Anyone who defrauds public or private property with a value of 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, or more than 500,000 yuan shall be deemed as stipulated in Article 266 of the Criminal Law respectively. "a relatively large amount", "a huge amount", "a particularly huge amount".

The higher people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, based on the economic and social development conditions of the region, jointly study and determine the specific amount standards to be implemented in the region within the amount range specified in the preceding paragraph. Report to the Supreme People's Court and the Supreme People's Procuratorate for filing.

Article 2 If the amount of defrauding public or private property reaches the amount standard stipulated in Article 1 of this Interpretation, and any of the following circumstances occurs, he may be severely punished as appropriate in accordance with the provisions of Article 266 of the Criminal Law:

(1) To defraud an unspecified majority of people by sending text messages, making phone calls, or using the Internet, radio and television, newspapers, magazines, etc. to publish false information;

(2) Fraud for disaster relief, Emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical supplies;

(3) Fraud in the name of raising funds for disaster relief;

(4) Fraudulent persons with disabilities and the elderly property of a person or a person who has lost the ability to work;

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

If the amount of fraud is close to the standards of "huge amount" or "particularly huge amount" stipulated in Article 1 of this Interpretation, and falls under one of the circumstances specified in the preceding paragraph or is the leading member of a fraud group, it shall be determined separately. It is "other serious circumstances" and "other particularly serious circumstances" stipulated in Article 266 of the Criminal Law.

Article 3: Although the defrauding of public or private property has reached the "relatively large amount" standard stipulated in Article 1 of this Interpretation, if one of the following circumstances occurs and the perpetrator pleads guilty and regrets, he may be punished according to Article 1 of the Criminal Law. Article 37. Article 142 of the Criminal Procedure Law stipulates that no prosecution or criminal punishment is required:

(1) There are statutory lenient circumstances;

(2) All the stolen goods and compensation were returned before the verdict of the first instance was pronounced;

(3) Those who did not participate in the division of the stolen goods or received less stolen goods and were not the principal culprit;

(4) The victim understood;

(5) Other cases where the circumstances are minor and the harm is not great.

Article 4: Defrauding close relatives of their property, if the close relatives understand, will generally not be treated as a crime.

It is indeed necessary to pursue criminal liability for defrauding close relatives of their property, and the specific handling should be lenient as appropriate.

Article 5: Anyone who attempts fraud, targets a huge amount of property, or has other serious circumstances shall be convicted and punished.

Using telecommunications technology means such as sending text messages, making phone calls, and the Internet to defraud an unspecified majority of people. The amount of the fraud is difficult to verify, but if one of the following circumstances occurs, it shall be deemed as Article 266 of the Criminal Law. "Other serious circumstances" stipulated in this Article shall be convicted and punished for the crime of fraud (attempted):

(1) Sending more than 5,000 fraudulent messages;

(2) Making fraudulent calls More than 500 people;

(3) Violent fraud methods and serious harm.

Whoever commits the acts specified in the preceding paragraph and the quantity reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or the fraud means are particularly egregious and the harm is particularly serious, shall be deemed to be a criminal offender in the second category of the Criminal Law. "Other particularly serious circumstances" stipulated in Article 166 shall be convicted and punished as fraud (attempted).

Article 6: Fraud involves both completed and attempted fraud, and if they reach different sentencing ranges, they shall be punished in accordance with the heavier penalty provisions; if they reach the same sentencing range, they shall be punished as completed fraud.

Article 7: Anyone who knowingly provides other people with credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, expense settlement, etc. to commit fraud crimes shall be punished with the same crime.

Article 8: Anyone who pretends to be a staff member of a state agency to commit fraud, which simultaneously constitutes the crime of fraud and pretense, shall be convicted and punished in accordance with the provisions on heavier penalties.

Article 9: The fraudulent property and its interest that have been seized, detained, or frozen after the incident, if the ownership is clear, shall be returned to the victim; if the ownership is unclear, the fraudulent property and property shall be returned to the victim as the defrauded money and property. The proportion of the total amount of seized, detained, frozen property and its interest shall be returned to the victim, but any compensation that has been refunded shall be deducted.

Article 10: If the perpetrator has used the fraudulent property to pay off debts or transferred it to another person, and any of the following circumstances occurs, it shall be recovered in accordance with the law:

(1) The other party knows that it is fraud

(2) The other party obtains the fraudulent property for free;

(3) The other party obtains the fraudulent property at a price that is significantly lower than the market price;

(4) The other party obtained the fraudulent property due to illegal debts or illegal and criminal activities.

If another person obtains fraudulent property in good faith, it will not be recovered.

Article 11 If previously issued judicial interpretations are inconsistent with this interpretation, this interpretation shall prevail.

Crime composition editor broadcast

Deceptive behavior

The content of deceptive behavior is to cause the other party to have a wrong understanding and make the property disposition desired by the perpetrator. In real life, there are various deception methods used in fraud crimes, including verbal deception and written deception.

Causing the other party to have a misunderstanding

The act of deception must cause the other party to have or continue to maintain a misunderstanding. Even if the deceived person makes certain errors in judgment, it does not prevent the establishment of the deceptive act. It should be noted that the cognitive error must be a cognitive error in disposing of property.

Causing the other party to dispose of property based on misunderstanding

The specific manifestations of disposing of property usually include direct delivery of property, a promise to the actor to obtain the property, a promise to transfer property interests, and a promise to exempt the actor from debts wait. If the perpetrator commits a deceptive act and causes others to give up their property, and the perpetrator picks up the property, it should also be considered a crime of fraud.

The perpetrator or a third party obtains property

After the deceptive act causes the other party to dispose of the property, the perpetrator or a third party obtains the property. Acquisition of property includes two situations: one is the increase of positive property, such as transferring the victim's property to the perpetrator or a third party, or obtaining property interests such as creditor's rights; the other is the reduction of passive property, such as exempting or reducing the other party's property. debts of the perpetrator or third parties.

The victim suffered property loss

The criminal law of our country requires that the completed situation of the crime of fraud is that the deception causes the victim to suffer property loss or leads to an imminent danger of property loss. The victims include not only natural persons, but also units and countries. For example, anyone who defrauds pension, medical, work-related injury, unemployment, maternity and other social insurance benefits or other social security benefits through fraud, forged certification materials or other means shall be guilty of fraud.

Form of liability

The liability form of this crime is intentional, and at the same time, the perpetrator is required to have the subjective purpose of illegal possession.