Sentencing standard of Beijing fraud 20 19

Reference point for sentencing fraud: fixed-term imprisonment of not more than three years, criminal detention, public surveillance, and a single fine. (1) Those who cheat less than 4,000 yuan shall be fined; Between 4,000 yuan and 5,000 yuan, it is public surveillance; 5,000 yuan, three months of criminal detention, and each increase of 1670 yuan will increase the sentence by one month; 1000 yuan, for six months in prison, each increase of 1000 yuan, the sentence will be increased by one month; (two) under any of the circumstances stipulated in Article 131, it is proposed to be sentenced to criminal detention and upgraded to fixed-term imprisonment; Those who intend to be put under control or fined will be upgraded to criminal detention. Whoever defrauds the legal reference point of fixed-term imprisonment of not less than three years but not more than ten years of 40,000 yuan shall be sentenced to fixed-term imprisonment of not more than three years, with one month's imprisonment increased for every 2,000 yuan. Whoever cheats 200,000 yuan from the legal reference point of fixed-term imprisonment of 10 years or more shall be sentenced to fixed-term imprisonment of 10 years or less, and the term of imprisonment shall be increased by 1 month for every increase of 4,000 yuan.

Legal objectivity:

The Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud Article 1 Whoever swindles public or private property in an amount of more than 3,000 yuan, more than 30,000 yuan, more than 100,000 yuan and more than 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law respectively. The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record. Article 2 Whoever cheats public or private property to the amount specified in Article 1 of this Interpretation may be given a heavier punishment as appropriate in accordance with the provisions of Article 266 of the Criminal Law: (1) Whoever cheats an unspecified majority by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc. ; (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; (5) Causing the victim to commit suicide, mental disorder or other serious consequences. Article 266 of the Criminal Law 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.