The latest judicial interpretation of fraud 2023

The latest judicial interpretation of fraud 2023:

1. Those who defraud 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 are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" according to the law. 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;

2. Whoever defrauds public or private property to the amount specified in Article 1 of this Interpretation, under any of the following circumstances, may be given a heavier punishment as appropriate according to law:

(1) defrauding an unspecified majority by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines;

(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;

(4) Causing the victim to commit suicide, mental disorder or other serious consequences.

3. Those who defraud the property of close relatives and get the understanding of close relatives are generally not treated as crimes. If it is really necessary to pursue criminal responsibility by defrauding the property of close relatives, the specific treatment should also be lenient as appropriate.

4. If fraud is accomplished and attempted, reaching different sentencing ranges, it shall be punished in accordance with the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as fraud.

5. Whoever knowingly provides others with credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, expense settlement and other assistance shall be punished as * * *.

6. Whoever impersonates a staff member of a state organ to commit fraud and constitutes a crime of fraud shall be convicted and punished in accordance with the provisions of heavier punishment.

7. The defrauded property has been used to pay off debts or transferred to others. In any of the following circumstances, it shall be recovered according to law:

(1) The other party collects it knowing that it is fraudulent property;

(2) The other party obtains fraudulent property for free;

(3) The other party obtains fraudulent property at a price significantly lower than the market price;

(4) The fraudulent property obtained by the other party originated from illegal debts or illegal and criminal activities.

If another person obtains fraudulent property in good faith, it will not be recovered.

8. The fraudulent property sealed up, detained or frozen after the incident and its fruits, if the ownership is clear, shall be returned to the victim; If the ownership is unclear, the victim may be returned according to the proportion of the defrauded money and goods to the total amount of property and fruits seized, detained or frozen in this case, but the compensation already returned shall be deducted.

The specific conviction is as follows:

1, defrauding public and private property worth more than 3,000 yuan to 10000 yuan, which is a large amount of fraud. The criminal suspect will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance by the people's court, and shall also or only be fined;

2. Whoever cheats more than 30,000 yuan and less than 100,000 yuan, if the amount is huge, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined;

3. Whoever cheats more than 500,000 yuan, especially if the amount is huge, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

To sum up, fraud has seriously affected the social and economic order and also involved the legitimate rights and interests of many people. Of course, China's laws also have relevant provisions on fraud, also to prevent the implementation of this kind of fraud. For those involved, a certain amount of imprisonment and fines will be imposed.

Legal basis:

Article 266 of the Criminal Law of People's Republic of China (PRC)

If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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.