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What does it mean to file a fraud?
Fraud of public or private property reaches the amount standard, and under any of the following circumstances, it shall be given a heavier punishment as appropriate:
1, publishing false information through text messages, phone calls, or through the Internet, radio and television, newspapers and magazines. , fraud is not specific to most people;
2, defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials;
3. Fraud in the name of disaster relief fundraising;
4. defrauding the disabled, the elderly or the disabled;
5. Causing the victim to commit suicide, mental disorder or causing serious consequences.
The legal maximum penalty is that the property is cheated, and the victim should report to the police in time, and the public security organ will accept the review and determine the nature of the case. If it constitutes the standard for filing and prosecuting fraud, the statutory limitation period for prosecution is five years; If the case does not constitute a crime, the prosecution period of the public security case is six months, and the victim can call the police within six months, and the public security organ will impose public security punishment on the violator.
If the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years, after ten years, if the statutory maximum penalty is fixed-term imprisonment of not less than ten years, after fifteen years, if the statutory maximum penalty is life imprisonment or death penalty, after twenty years, if it is considered necessary to prosecute, it shall be reported to the Supreme People's Procuratorate for approval.
If the perpetrator is punished for the crime of fraud, he shall bear the obligation of criminal restitution according to the amount of crime determined by the court. Even if there is no such amount of compensation at present, it cannot be solved through civil litigation. The remedy is to obtain compensation by applying to the executive board of the court for enforcement. For the part not identified by the court, if there is relevant evidence, you can seek relief by filing a civil lawsuit again.
Legal basis:
Criminal law of the people's Republic of China
Article 266 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 shall 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.
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