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How much fraud can be filed?
Anyone who cheats public or private property to the specified amount can be severely punished according to the provisions in any of the following circumstances:
1. Whoever cheats an unspecified majority by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc.;
2. defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;
3. committing fraud in the name of collecting donations for disaster relief;
4. defrauding the property of 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 reaches more than 3, yuan, the criteria for filing a case are as follows:
1. Individuals who defraud public or private property of more than 4, yuan belong to "large amount"; Individuals who defraud public or private property of more than 5, yuan belong to a "huge amount". Individuals who defraud public or private property of more than 2, yuan but less than 4, yuan, and have a criminal record of fraud or cause serious consequences such as suicide, serious injury and death, should also be investigated for criminal responsibility according to law; Units that defraud public or private property of more than 1, yuan belong to a "large amount"; Units that defraud public or private property of more than 3, yuan belong to a "huge amount";
2. If the amount of personal fraud is more than 2, yuan but less than 4, yuan, and the amount of unit fraud is more than 5, yuan and over 1, yuan (and the criminal suspect has been arrested and prosecuted, he can still be investigated for criminal responsibility, but he can be given a lighter, mitigated or exempted punishment according to law.
1. Elements of fraud:
1. Elements of object
The object of this crime is the ownership of public and private property. Some illegal activities, although they also use some deceptive means and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. Therefore, it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights.
the object of the crime of fraud is limited to the property of the state, the collective or the individual, not to defraud other illegal interests. Its object should also exclude loans from financial institutions. Because the crime of loan fraud has been specially stipulated.
2. objective elements
this crime is objectively manifested in the use of fraudulent methods (fictional facts or methods of concealing the truth) to defraud a large amount of public and private property.
3. Subject elements
The subject of this crime is a general subject, and any natural person who has reached the legal age of criminal responsibility and has criminal responsibility ability can constitute this crime.
4. Subjective elements
Subjectively, this crime is direct and intentional, and has the purpose of illegally occupying public or private property.
to sum up, if the amount of fraud reaches 3, yuan, you can file a case. Fraud refers to the act of defrauding large amounts of public and private property by fictional facts or concealing the truth for the purpose of illegal possession.
Legal basis:
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
Article 1
Fraud of public or private property with a value of 3, to 1, yuan, 3, to 1, yuan and 5, yuan; It should be recognized that the amount stipulated in Article 266 of the Criminal Law is relatively large, huge and especially huge.
article 266 of the criminal law
crime of fraud
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 1 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
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