Sentencing standard of fraud

Nowadays, with the constant changes in the means of fraud, various localities have also increased their punishment. It must be said here that the detailed provisions of sentencing standards for fraud are different in different parts of China. Below, I bring the detailed provisions of the sentencing standards for urban fraud for your reference.

First, the starting point and benchmark punishment of fixed-term imprisonment of not more than three years, criminal detention and public surveillance, and the range of single penalty.

1. Whoever defrauds public or private property and reaches the threshold of "relatively large amount" of 5,000 yuan shall determine the starting point of sentencing within the range of criminal detention of less than three months to fixed-term imprisonment of less than six months.

2. On the basis of the starting point of sentencing, the amount of fraud will be increased by one month for every 3,000 yuan.

Two, the starting point of the statutory punishment and the benchmark punishment are within the scope of fixed-term imprisonment of not less than three years but not more than ten years.

1. If the amount of defrauding public or private property reaches the starting point of "huge amount" of 50,000 yuan, the starting point of sentencing shall be determined within the range of fixed-term imprisonment of not less than three years but not more than four years.

2. If the amount of defrauding public or private property is more than 40,000 yuan but less than 50,000 yuan, it shall be considered as "other serious circumstances" under any of the following circumstances, and the starting point of sentencing shall be determined within the range of fixed-term imprisonment of more than three years and less than four years: by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, defrauding an unspecified majority; Defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials; Fraud in the name of disaster relief fund-raising; Defrauding the disabled, the elderly or the disabled of their property; Causing the victim to commit suicide, mental disorder or other serious consequences; Belongs to the leader of a fraud group.

3. On the basis of the starting point of sentencing, increase the penalty according to the amount of fraud and other criminal facts that affect the composition of the crime, and determine the benchmark penalty. In any of the following circumstances, the corresponding punishment shall be increased:

(1) For every 5,500 yuan increase in the amount of crimes, one month's imprisonment will be increased;

(2) If there are circumstances that can be identified as "other serious circumstances", the term of imprisonment will be increased by six months to two years for each additional circumstance.

Three, the statutory punishment in the range of fixed-term imprisonment of more than ten years, the starting point of sentencing and benchmark punishment.

1. The starting point for defrauding public or private property, where the amount of crime reaches 500,000 yuan, is extremely huge. The starting point for sentencing shall 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. If the amount of defrauding public or private property is more than 400,000 yuan but less than 500,000 yuan, it shall be deemed as "other circumstances are particularly serious" under any of the following circumstances. Except for those who should be sentenced to life imprisonment according to law, the starting point of sentencing should be determined within the range of fixed-term imprisonment of 10 years or more 12 years or less: by sending short messages, making phone calls or publishing false information through the internet, radio and television, newspapers and magazines, cheating the unspecified majority; Defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials; Fraud in the name of disaster relief fund-raising; Defrauding the disabled, the elderly or the disabled of their property; Causing the victim to commit suicide, mental disorder or other serious consequences; Belongs to the leader of a fraud group.

3. On the basis of the starting point of sentencing, increase the penalty amount according to the criminal facts such as the amount of fraud, and determine the benchmark penalty. In any of the following circumstances, the corresponding fine amount shall be increased and the benchmark fine shall be determined:

(1) For every 50,000 yuan increase in the amount of crimes, the prison term of 1 month will be increased;

(2) If there are circumstances that can be identified as "other particularly serious circumstances", the sentence will be increased by six months to two years for each additional circumstance.

Four, one of the following circumstances, can increase the benchmark punishment, but at the same time there are more than two situations, the cumulative shall not exceed the benchmark punishment 100%.

1. Whoever cheats public or private property under any of the following circumstances shall be given a heavier punishment of less than 30% of the basic punishment (except those that have been determined to constitute a criminal fact): 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. ; Defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials; Fraud in the name of disaster relief fund-raising; Defrauding the disabled, the elderly or the disabled of their property; Causing the victim to commit suicide, mental disorder or other serious consequences; Belongs to the leader of a fraud group. In the above six cases, the benchmark penalty is increased within 10% in each case;

2. Those who commit fraud for many times shall be given a heavier punishment within 20% of the benchmark punishment;

3. For drug abuse, gambling and other illegal and criminal activities and fraud, the benchmark punishment is increased by less than 20%;

4. There are other circumstances that can be severely punished, and the benchmark punishment is increased by less than 20%.

Five, one of the following circumstances, can reduce the benchmark punishment.

1. If the stolen goods are automatically returned to the victim before the crime, the basic punishment will be reduced by less than 30%;

2. Cheating because of the urgent need of life, study and treatment, reducing the benchmark punishment by less than 30%;

3. Whoever swindles the property of a close relative, who knows it, can generally not be treated as a crime; If criminal responsibility really needs to be investigated, the benchmark punishment will be reduced by 20%-50%;

4. There are other circumstances that can be given a lighter punishment, and the benchmark punishment is reduced by less than 20%.

Six, fraud crime has both accomplished and attempted.

The benchmark punishment is determined by the accomplished part, and 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 penalty range corresponding to the attempted part is relatively heavy, the benchmark punishment shall be determined by the attempted part, and the benchmark punishment may be increased by less than 40% according to the damage caused by the completed part of the crime.

Seven. Problems that need to be explained

1. If the fraud is attempted, the amount is huge or there are other serious circumstances, it shall be convicted and punished. The starting point of sentencing and the benchmark punishment shall be determined according to the specific circumstances of the case with reference to the provisions of Articles 1, 2 and 3.

2. Although defrauding public or private property reaches the standard of "large amount", if it is under any of the following circumstances, and the actor pleads guilty or repents, it can be exempted from criminal punishment according to law: if it has a statutory lenient punishment; Refund the stolen money or compensation before the judgment of the first instance; Not participating in the distribution of stolen goods or getting less stolen goods is not the principal offender; The victim understands; Other circumstances are minor and not serious. When punishing the crime of fraud, we should fully consider the specific forms of crime, and at the same time, we should combine the methods of crime with the amount of property illegally obtained by fraud. In addition, we need to pay attention to the detailed provisions of sentencing standards for fraud in different regions. If necessary, you can entrust a professional lawyer to defend you, so that you can win leniency. For more questions about land acquisition and demolition, entrust a lawyer to answer them professionally.