20 16 Guangxi beihai fraud filing standard.

20 16 Guangxi beihai fraud crime filing standard was discussed and passed by the judicial Committee of Guangxi Zhuang autonomous region higher people's court on July 25th, 20 14, specifically:

Detailed rules for the implementation of the Guiding Opinions on Sentencing for Joint Crimes issued by the Higher People's Court of Guangxi Zhuang Autonomous Region: (7) Crime of fraud.

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

Whoever defrauds public or private property and reaches the starting point of 3,000 yuan "a relatively large amount" shall determine the starting point of sentencing within the range of less than three months of criminal detention to less than one year of fixed-term imprisonment. On the basis of the starting point of sentencing, the amount of fraud will be increased by one month to three months for every 3,000 yuan, thus determining the benchmark punishment.

2. Sentencing starting point and benchmark punishment for the range of fixed-term imprisonment of more than three years and less than ten years:

Fraud of public or private property, the crime amount reaches the starting point of 30 thousand yuan "huge amount", and the starting point of sentencing is determined within the range of 3 to 4 years' imprisonment.

If the amount of defrauding public or private property is more than 24,000 yuan but less than 30,000 yuan, it shall be considered as "other serious circumstances" under any of the following circumstances, and the starting point of sentencing shall be determined within the range of fixed-term imprisonment of more than three years and less than four years: by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, defrauding an unspecified majority; 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; Belongs to the leader of a fraud group.

On the basis of the starting point of sentencing, the amount of punishment can be increased according to the amount of fraud and other criminal facts, and the benchmark punishment can be determined. In case of any of the following penalties, the corresponding penalty amount may be increased:

Every time the amount of fraud increases by 10 thousand yuan, the sentence will increase by one month to two months.

If 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.

3. The sentencing starting point and benchmark punishment of statutory punishment within the range of fixed-term imprisonment of more than ten years:

If the crime amount reaches 500,000 yuan by defrauding public or private property, the starting point of sentencing can be determined within the range of 10 to 12 years in prison. Except for those who should be sentenced to life imprisonment according to law.

If the amount of defrauding public or private property is more than 400,000 yuan but less than 500,000 yuan, one of the following circumstances shall be deemed as "other particularly serious circumstances". Except for those who should be sentenced to life imprisonment according to law, the starting point of sentencing should be determined within the range of fixed-term imprisonment of 10 years or more 12 years or less: most people are cheated by sending short messages, making phone calls or publishing false information through the internet, radio and television, newspapers and magazines; 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; Belongs to the leader of a fraud group.