Is absconding with money a crime of fraud

1. Is absconding with money a crime of fraud?

1, absconding with money without committing fraud does not constitute fraud. The object of absconding with money is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud.

2. Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).

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 are the constitutive elements of the crime of fraud?

1. Object elements: The object of the crime of fraud is the ownership of public and private property. It is limited to the property of the state, the collective or the individual, and shall not defraud other illegal interests. Its goal should also exclude loans from financial institutions;

2. Objective elements: the crime of fraud is objectively manifested in the use of fraud methods to defraud public and private property in a large amount;

(1) The perpetrator commits fraud. Formally speaking, fraud includes two types, one is to fabricate facts, the other is to conceal the truth, both of which are essentially behaviors that make victims fall into wrong understanding;

(2) fraud makes the other party have a wrong understanding. The wrong understanding of the other party is caused by the fraud of the actor, even if the other party has certain judgment errors, it does not hinder the establishment of fraud;

(3) The crime of fraud requires the victim to dispose of his property after falling into a wrong understanding;

(4) After the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property. It is a crime to defraud a large amount of public or private property.

The crime of fraud is not limited to cheating tangible things, but also includes cheating intangible things and property interests. Whoever defrauds special invoices for value-added tax or other invoices that can be used to defraud tax refund or tax deduction shall be punished as fraud.

3. Subject elements: The subject of the crime of fraud is a general subject, and any natural person who has reached the legal age of criminal responsibility and has criminal responsibility ability can constitute the crime of fraud.

4. Subjective elements: the crime of fraud is subjectively manifested as direct intention and has the purpose of illegally occupying public and private property.