Hebei Fraud Sentencing Standards 2022

Legal Subjectivity:

Article 1 of the Sentencing Standards for Fraud in Hebei Province stipulates that the starting point and benchmark penalty for fraud are fixed-term imprisonment of less than three years, criminal detention, surveillance, and a single fine. If the amount of public or private property reaches the "large amount" threshold of 7,000 yuan, the sentencing threshold can be determined within the range of three months' criminal detention to six months' imprisonment. On the basis of the starting point for sentencing, for every additional RMB 2,000 in fraud, the sentence can be increased by one month to determine the base sentence. Article 2 of the Sentencing Standards for Fraud Crime in Hebei Province sets the sentencing starting point and benchmark penalty of fixed-term imprisonment of not less than three years but not more than ten years. If the amount of the crime reaches the "huge amount" threshold of RMB 70,000, the sentence can be between three and four years. The starting point for sentencing is determined within the range of 1-year fixed-term imprisonment. Anyone who defrauds public or private property in an amount of more than 60,000 yuan but less than 70,000 yuan and falls under any of the following circumstances shall be deemed as “other serious circumstances” stipulated in Article 266 of the Criminal Law and be sentenced to fixed-term imprisonment ranging from three to four years. The starting points for sentencing are determined internally: (1) Those who defraud an unspecified majority of people by sending text messages, making phone calls, or using the Internet, radio and television, newspapers, magazines, etc. to publish false information; (2) Defrauding disaster relief, emergency rescue, flood prevention, special care, and poverty alleviation , immigration, relief, and medical funds; (3) committing fraud in the name of raising donations for disaster relief; (4) defrauding disabled people, the elderly, or people who have lost the ability to work of their property; (5) causing the victim to commit suicide, mental disorder, or other Serious consequences; (6) Belonging to the ringleader of a fraud group; (7) Having other serious circumstances. On the basis of the starting point for sentencing, the amount of punishment can be increased based on the amount of fraud and other criminal facts that affect the composition of the crime, and the base sentence can be determined. If there is any of the following circumstances, the corresponding penalty amount can be increased and the base penalty can be determined: (1) For every increase of 5,000 yuan in the amount of fraud, the prison term can be increased by one month; (2) For the above-mentioned "other serious circumstances", the sentence can be increased by one month for every increase in the amount of fraud. In one case, the sentence can be increased from six months to two years. Article 3 The legal starting point and benchmark penalty for defrauding public or private property is a fixed-term imprisonment of more than ten years. If the amount of the crime reaches the starting point of "especially huge amount" of 500,000 yuan, it may be determined within the fixed-term imprisonment range of ten to twelve years. Sentencing starting point. Except for those who should be sentenced to life imprisonment according to law. Anyone who defrauds public or private property in an amount of more than 450,000 yuan but less than 500,000 yuan and falls under any of the following circumstances shall be deemed as "other particularly serious circumstances" stipulated in Article 266 of the Criminal Law, and shall be sentenced to life imprisonment in accordance with the law. In addition to the above, the sentencing starting point can be determined within the range of ten to twelve years' imprisonment: (1) Who commits fraud on an unspecified number of people by sending text messages, making phone calls, or publishing false information using the Internet, radio and television, newspapers and magazines, etc. (2) Defrauding funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical care; (3) Defrauding people in the name of fundraising for disaster relief; (4) Defrauding disabled people, the elderly, or people who have lost the ability to work; property; (5) causing the victim to commit suicide, mental disorder or other serious consequences; (6) belonging to the leading member of a fraud group; (7) having other particularly serious circumstances. On the basis of the starting point for sentencing, the amount of punishment can be increased based on the amount of fraud and other criminal facts to determine the base sentence. If there is any of the following circumstances, the corresponding penalty amount can be increased and the base penalty can be determined: (1) For every 40,000 yuan increase in the amount of fraud, the prison term can be increased by one month; (2) For the above-mentioned "other particularly serious circumstances", the sentence can be increased by one month. Adding one additional circumstance can increase the sentence from six months to two years. Article 4 If the following circumstances occur, the amount of punishment may be increased accordingly and the base punishment may be adjusted, but the cumulative amount of increased punishment shall not exceed the base sentence: (1) The amount of defrauding public or private property exceeds 7,000 yuan but not more than 60,000 yuan, or the amount exceeds 70,000 yuan but not more than 60,000 yuan. 450,000 yuan, but has not been identified as having "other serious circumstances" or "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law, or the amount of fraud exceeds 500,000 yuan, and one of the following circumstances exists: , the base penalty can be increased by less than 30% of the corresponding legal penalty range: 1. By sending text messages, making phone calls, or using the Internet, radio and television, newspapers, magazines, etc. to publish false information to defraud an unspecified majority of people; 2 .Defrauding funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical care; 3. Committing fraud in the name of raising funds for disaster relief; 4. Defrauding the property of disabled people, the elderly, or people who have lost the ability to work; 5. Causing suicide, mental disorder or other serious consequences to the victim; 6. Other serious circumstances or particularly serious circumstances. For each additional circumstance among the above six circumstances, the base penalty may be increased by less than 10%. (2) For repeated fraud, the base penalty may be increased by less than 30%; (3) For fraud for drug abuse, gambling and other illegal and criminal activities, the base penalty may be increased by less than 20%. Article 5 If the following circumstances occur, the amount of punishment may be reduced accordingly and the base penalty may be adjusted accordingly: (1) If the defrauding is indeed due to urgent needs in life such as medical treatment, study, etc., the base penalty may be reduced by less than 20%; (2) If the defrauding of close relatives is Property, if it is truly necessary to pursue criminal liability, the base penalty may be reduced by less than 50%. Exceptions are made that are not treated as crimes. Article 6 Anyone who attempts fraud, targets a huge amount of property, or has other serious circumstances shall be convicted and punished.

Using telecommunications technology means such as sending text messages, making phone calls, and the Internet to defraud an unspecified majority of people. The amount of the fraud is difficult to verify, but if one of the following circumstances occurs, it shall be deemed as "other serious circumstances" stipulated in Article 266 of the Criminal Law. ”, the person shall be convicted and punished for the crime of fraud (attempted): (1) Sending more than 5,000 fraudulent messages; (2) Making more than 500 fraudulent calls; (3) The fraud means are egregious and the harm is serious. Those who commit the acts specified in the preceding paragraph and the quantity reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or whose fraud methods are particularly egregious and the harm is particularly serious, shall be deemed to have committed crimes as stipulated in Article 266 of the Criminal Law. "Other particularly serious circumstances" will result in conviction and punishment of fraud (attempted). There are both completed and attempted frauds, and if they reach different sentencing ranges, they will be punished in accordance with the provisions of heavier penalties; if they reach the same sentencing range, they will be punished as completed fraud. Article 7 If previously issued implementation rules are inconsistent with these opinions, these opinions shall prevail. The sentencing depends on the specific fraud committed by your friend's child. The law is objective:

Article 266 of the "Criminal Law" who defrauds public or private property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years. , criminal detention or surveillance, and shall also be fined or shall be fined alone; 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to not less than ten years Fixed-term imprisonment or life imprisonment, and a fine or confiscation of property. If this law provides otherwise, the provisions shall prevail. Legal basis: Article 266 of the Criminal Law of the People's Republic of China. Whoever commits the crime of defrauding public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the amount is huge or If there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated. If this law provides otherwise, the provisions shall prevail.