The act of defrauding state-owned enterprises of funds

There are laws to defraud state funds. As long as the users of state special funds do not meet the basic conditions of the country and practise fraud in the declaration process, if they meet the conditions of fraud, they will be punished as fraud, and if the amount of fraud is relatively large, they will be sentenced to fixed-term imprisonment of not more than three years.

1. What are the legal provisions for defrauding and taking state funds?

The legal provisions of defrauding and obtaining state funds include: users who obtain state special funds do not meet the basic conditions of the state special funds policy, seriously falsify in the declaration process, fabricate non-existent enterprises or projects, and forge key application materials, which meet the constitutive requirements, and should be convicted and punished for fraud.

If the declared project meets the basic conditions of the national special fund policy, but exaggerates the actual situation in the declaration process, forges or provides some non-critical false declaration materials, and part of the national special fund is used by enterprises to make up losses, or to change production, update equipment, production and operation, it is generally not appropriate to convict and punish users for fraud.

Any functionary of a state organ who is directly responsible for auditing in the process of obtaining special state funds, plays a major role, actively supports and participates in helping fund users to practise fraud, and shall be investigated for criminal responsibility for corruption.

Second, what is the punishment standard for fraud?

1. Whoever commits this crime 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;

2. 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;

3. 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.

3. Under what circumstances should fraud be dealt with more severely?

Whoever defrauds public or private property to reach the above-mentioned amount standard in any of the following circumstances may 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.

To sum up, defrauding state funds can be directly punished according to the crime of fraud, and the standard of punishment will be judged according to the size of the crime. The greater the amount, the heavier the sentence. State functionaries who cheat by taking advantage of their positions shall be punished according to the crime of corruption.