How to convict of defrauding poverty alleviation funds

Cheating poverty alleviation funds needs to be convicted according to the following circumstances:

1. Misappropriation of poverty alleviation funds, if the circumstances are serious and the interests of the state and the people suffer great damage, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;

2. If the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

What are the criteria for determining the crime of taking state poverty alleviation funds?

The criteria for determining the crime of taking state poverty alleviation funds are as follows:

1. People need to have subjective intentional behavior, not because of accidents or persecution;

2. The crime of obtaining state funds is mainly manifested in the act of illegally occupying and obtaining state funds by taking advantage of his position as a party of state organs.

Legal basis: Article 273 of the Criminal Law of the People's Republic of China

The crime of misappropriating specific funds and materials is used for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief. If the circumstances are serious and the interests of the state and the people are seriously damaged, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 274

Crime of extortion Whoever extorts public or private property in a relatively large amount or repeatedly extorts it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall 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 and fined.