What is fraud?

The crime of fraud refers to the criminal act of defrauding other people's property in a specific scene. The amount of fraud is divided into "large amount", "huge amount" and "extremely large amount". If the fraudster can surrender and return the amount of fraud, the court will give a lighter or mitigated punishment, and if he does not surrender, the punishment will be aggravated. I. What is the crime of fraud According to Article 266 of the Criminal Law of People's Republic of China (PRC), the crime of fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The object of the crime of fraud is not to defraud other illegal interests. Its goal should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in article 193. It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers property losses. Two. Judicial Interpretation of Criminal Punishment for Fraud According to 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 (implemented on April 8, 201/), if the amount of fraudulent public or private property is 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, it shall be deemed as "a large amount of fraudulent public or private property that meets the above-mentioned amount standard. A heavier punishment may be imposed according to the provisions of Article 266 of the Criminal Law: (1) defrauding an unspecified majority by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines; (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. If the amount of fraud is close to the above-mentioned standards of "huge amount" and "especially huge amount", and it belongs to one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively. When the crime of fraud exists around us, we can't let it go and indulge it. 3. What are the constitutive elements of the crime of fraud that meet the four constitutive elements of the crime of fraud, that is, the crime of fraud? (1) The object of this crime is the ownership of public and private property. Whoever defrauds public or private property by deception shall be convicted and punished in accordance with the provisions of the Criminal Law. Whoever defrauds other illegal interests other than property by deception shall not commit fraud. According to the provisions of Article 2 10 of the Criminal Law, whoever defrauds special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes shall be convicted and punished in accordance with the provisions of fraud. (II) Objective Elements This crime is objectively manifested as the act of defrauding public and private property by means of fictional facts or concealing the truth, and the amount is relatively large. The most prominent feature of fraud is that the perpetrator tries to make the victim have a kind of cognitive illusions, so as to "voluntarily" deliver the property he owns or holds to the perpetrator or give up the ownership, or exempt the perpetrator from the obligation to return the property. There are many ways to cheat, but in short, there are only two. (III) Subject Elements The subject of this crime is a general subject. Anyone who has reached the age of 16 and has the capacity for criminal responsibility can become the subject of this crime. (IV) Subjective elements This crime is intentional subjectively, with the purpose of illegal possession. If there is no purpose of illegal possession, such as defrauding others of long-overdue debts, it does not constitute this crime. Whether the cheated property is squandered by oneself, owned by others or illegally possessed by the collective does not affect the establishment of this crime.

Legal objectivity:

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; 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. Article 1, paragraph 1 of 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 shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law if the amount of public and private property is more than 3,000 yuan to 10,000 yuan, more than 30,000 yuan to 100,000 yuan and more than 500,000 yuan.