Can fraud cases be filed with the procuratorate?

Can fraud cases be filed with the procuratorate?

Fraud is not under the jurisdiction of the procuratorate, and the parties can report it to the public security organ.

Rules of criminal procedure of the people's procuratorate

Article 13

Crimes such as illegal detention, extorting confessions by torture, and illegal search. The people's procuratorate may file a case for investigation of illegal acts found by judicial personnel in the process of legal supervision of litigation activities.

If a major criminal case of a functionary of a state organ under the jurisdiction of a public security organ needs to be directly accepted by a people's procuratorate, it may be filed for investigation upon the decision of a people's procuratorate at or above the provincial level.

The crime of corruption and bribery refers to the crime of corruption and bribery stipulated in Chapter VIII of the Specific Provisions of the Criminal Law and other criminal cases clearly stipulated in Chapter VIII.

The crime of dereliction of duty by state functionaries refers to the case of dereliction of duty stipulated in Chapter 9 of the Specific Provisions of the Criminal Law.

Criminal cases in which state functionaries use their powers to infringe upon citizens' personal rights and democratic rights include:

(1) Cases of illegal detention (Article 238 of the Criminal Law);

(2) Illegal search (Article 245 of the Criminal Law);

(3) Cases of extorting confessions by torture (Article 247 of the Criminal Law);

(4) Cases of obtaining evidence by violence (Article 247 of the Criminal Law);

(5) Cases of ill-treatment of detainees (Article 248 of the Criminal Law);

(6) Cases of retaliation and framing (Article 254 of the Criminal Law);

(7) Disrupting the election (Article 256 of the Criminal Law).

What is the standard for filing fraud cases?

Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.

According to the Interpretation of the Supreme People's Court on the Specific Application of Legal Issues in Handling Criminal Cases of Fraud

first

Those who defraud public or private property in an amount of more than 3,000 yuan, 30,000 yuan, 100,000 yuan and 500,000 yuan shall be deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal 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.

Article 2 Whoever defrauds public or private property to the amount specified in Article 1 of this Interpretation, under any of the following circumstances, shall be given a heavier punishment according to the provisions of Article 266 of the Criminal Law:

(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding 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;

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

If the amount of fraud is close to the standards of "huge amount" and "extremely huge amount" as stipulated in Article 1 of this Interpretation, and it falls into one of the circumstances as stipulated in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.

The above knowledge is my answer to the question whether fraud cases can be reported to the procuratorate. According to the criminal procedure rules of the people's procuratorate, the crime of fraud is not under the jurisdiction of the procuratorate, and the parties can report it to the public security organ.