What is the filing standard for fraud cases in Shenzhen?

I. What is the filing standard for Shenzhen's crime of fraud? Article 266 of the Criminal Law stipulates that whoever defrauds public or private property by fraud, if the amount is relatively large, 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. Second, the sentencing standard of fraud. 1. If the crime of fraud is constituted, the starting point of sentencing can be determined within the corresponding range according to the following different situations: (1) If the amount reaches a large starting point, the starting point of sentencing can be determined within the range of fixed-term imprisonment and criminal detention of less than one year. (2) If the amount reaches a huge starting point or there are other serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years. (3) If the amount reaches a particularly huge starting point or there are other particularly serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 12 years. Except for those who should be sentenced to life imprisonment according to law. 2. 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 that affect the composition of the crime, and the benchmark punishment can be determined. (1) exceeds the starting point of a large amount, but does not reach the starting point of a huge amount. For every increase of 15000 yuan in the first-class area and 10000 yuan in the second-class area, the sentence can be increased by three to six months. (2) If the amount exceeds the huge starting point but does not reach the particularly huge starting point, the term of imprisonment may be increased by 6 months to 1 year for each additional 40,000 yuan in the first-class area and 45,000 yuan in the second-class area. (3) If the amount exceeds the extremely huge starting point, and if the amount exceeds less than 500,000 yuan, the fixed-term imprisonment of not more than one year may be increased; If the amount is more than 500,000 yuan but less than 2.5 million yuan, the fixed-term imprisonment may be increased by one to three years; If the amount exceeds 2.5 million yuan, the fixed-term imprisonment of more than three years may be increased, except for those who should be sentenced to life imprisonment according to law. (4) Other circumstances that can aggravate the punishment. (5) If the second paragraph of Article 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Fraud (Fa Shi [201] No.7) is applied to conviction and sentencing, the amount of fraud shall be considered when determining the starting point of sentencing, and it shall not be used to aggravate the punishment. 3. Under any of the following circumstances, the basic penalty can be increased by less than 30%: (1) publishing false information by sending short messages, making phone calls or using the Internet, radio and television, newspapers and magazines, etc. , and commit fraud against an unspecified majority; (2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials; (three) fraud in the name of disaster relief fund-raising; (four) defrauding the disabled, the elderly or the disabled; (five) fraud for drug abuse, gambling and other illegal and criminal activities; (6) repeated fraud; (seven) serious consequences caused by fraud; (eight) other circumstances that can be severely punished. 4. Those who cheat the property of close relatives can reduce the benchmark punishment by less than 50%. If close relatives understand, they can generally not be treated as crimes. 5. If the part of fraud crime is completed and attempted, and the benchmark punishment is determined by the completed part, it can be increased by less than 30% on the basis of the benchmark punishment according to the degree of implementation of the attempted part, the size of the damage caused and the reasons for the attempted crime. If the benchmark punishment is determined by the attempted part, the benchmark punishment can be increased by less than 40% according to the damage caused by the completed part of the crime. Life! There are all kinds of traps, and we should learn to recognize them and guard against them.