Does defrauding state funds constitute a crime?

Cheating state funds is usually manifested in defrauding state financial subsidies, special funds or other forms of state funds through fictitious projects, forged materials and providing false certificates. This kind of behavior not only violates the national financial discipline, but also violates the relevant provisions of the criminal law.

China's criminal law has clear provisions and punishment measures for defrauding state funds. According to the relevant provisions of the Criminal Law of People's Republic of China (PRC), the act of defrauding state funds may constitute the crime of fraud, corruption and misappropriation of public funds. Depending on the seriousness of the case, it can be sentenced to fixed-term imprisonment, life imprisonment or even death, and can also be fined or confiscated.

In addition to the criminal law, China has also formulated a series of administrative regulations and rules to prevent and crack down on cheating state funds. For example, the financial department will strengthen the supervision and audit of state funds and strictly control the use of funds; Relevant departments will also strengthen cooperation and form a joint force to crack down on criminal acts of defrauding state funds.

In order to prevent the behavior of defrauding state funds, individuals and enterprises should enhance their legal awareness and integrity awareness, abide by state laws and regulations and financial discipline, and must not take any means to defraud state funds. At the same time, all sectors of society should also actively participate in the supervision and reporting work, and take it as their responsibility to safeguard national property security and social fairness and justice.

To sum up:

Deceiving state funds constitutes a crime and violates state laws and regulations and financial discipline, and must be cracked down and punished according to law. In order to prevent this kind of behavior, individuals, enterprises and all walks of life should strengthen their awareness of law and integrity, and safeguard national property security and social fairness and justice.

Legal basis:

Criminal law of the people's Republic of China

Article 266 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.

Criminal law of the people's Republic of China

Article 382 states:

State functionaries who take advantage of their positions to embezzle, steal, cheat or illegally occupy public property by other means are guilty of corruption. Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property embezzle, steal, defraud or illegally occupy state-owned property in other ways by taking advantage of their positions, which is regarded as corruption.

Criminal law of the people's Republic of China

Article 384 states:

State functionaries who, taking advantage of their positions, misappropriate public funds for personal use for illegal activities, or misappropriate a large amount of public funds for profit-making activities, or misappropriate a large amount of public funds for more than three months, are guilty of corruption and are sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment.