How to sentence a recidivist who constitutes fraud? How to sentence the accomplice of fraud?

First, how to sentence recidivists who constitute the crime of fraud?

A recidivist who constitu

How to sentence a recidivist who constitutes fraud? How to sentence the accomplice of fraud?

First, how to sentence recidivists who constitute the crime of fraud?

A recidivist who constitutes a crime of fraud shall be given a heavier punishment on the basis of the original sentencing. After being identified as a recidivist, it is necessary to increase the punishment, so the fraud criminals will increase the punishment on the basis of the benchmark punishment.

Relevant legal basis

Criminal law of the people's Republic of China

Article 65

A general recidivist who is sentenced to fixed-term imprisonment or above refers to a recidivist who commits a crime that should be sentenced to fixed-term imprisonment or above within five years after the punishment is executed or pardoned, except for negligent crimes and crimes committed by people under the age of 18.

The time limit prescribed in the preceding paragraph shall be counted from the date of expiration of parole for criminals who are paroled.

Article 266

If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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.

Second, what is the sentencing standard for fraud?

1, the starting point and benchmark punishment of fixed-term imprisonment, criminal detention, public surveillance and a single fine with a statutory penalty of less than three years.

Those who defraud public or private property reach the starting point of "relatively large amount" shall determine the starting point of sentencing within the range of more than three months of criminal detention to less than six months of fixed-term imprisonment. On the basis of the starting point of sentencing, the amount of fraud will be increased by one month to two months every 1500 yuan, so as to determine the benchmark punishment.

2. The sentencing starting point and benchmark punishment for the range of fixed-term imprisonment of not less than three years but not more than ten years.

Whoever cheats public or private property and the amount of crime reaches the starting point of "huge amount" shall determine the starting point of sentencing within the range of fixed-term imprisonment of not less than three years but not more than four years.

If the amount of defrauding public or private property is close to a huge amount and has one of the following circumstances, it shall be deemed as "other serious circumstances", and the starting point of sentencing shall be determined within the range of fixed-term imprisonment of not less than three years and not more than four years: by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority of people; Defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials; Fraud in the name of disaster relief fund-raising; Defrauding the disabled, the elderly or the disabled of their property; Causing the victim to commit suicide, mental disorder or other serious consequences; Belonging to the ringleader of a fraud group; There are other serious circumstances.

On the basis of the starting point of sentencing, according to the amount of fraud and other criminal facts that affect the composition of the crime, the amount of punishment is increased and the benchmark punishment is determined. In any of the following circumstances, the corresponding punishment shall be increased:

(1) If the amount of crime reaches the standard of "huge amount", the sentence will be increased by one month to two months for every additional 6,000 yuan;

(2) If the amount of crime is close to the standard of "huge amount" and there are circumstances that can be identified as "other serious circumstances", the sentence will be increased by six months to two years for each additional circumstance.

Whoever cheats others to a large amount shall be punished with fixed-term imprisonment of not less than 3 months but not more than 6 months. Of course, there are cases of fraud, which constitutes a crime and also constitutes a general recidivist according to Article 65 of the Criminal Law. It will be severely punished on the basis of the original judgment, but it should also be combined with the specific amount of fraud to judge how to sentence.