A friend defrauded him of 10000 yuan and returned the money to his friend after being arrested by the police. How to punish him?

If the crime of fraud has been constituted, criminal responsibility should be investigated and the stolen money should be returned, but the punishment can be lighter when sentencing, and the understanding of the victim should be obtained, so that the victim can write a letter of understanding and hand it over to the court;

Refer to the implementation rules of the Provincial High Court's Guiding Opinions on Sentencing of People's Courts (Trial);

For example, the Higher People's Court of Henan Province "Detailed Rules for the Implementation of Sentencing Guidance Opinions of People's Courts (Trial)"

Third, the application of common sentencing circumstances.

18. For the return and compensation of stolen money and goods, we should comprehensively consider the nature of the crime, the compensation degree of the return and compensation of stolen money and goods, the amount and initiative of the return and compensation of stolen money and goods to determine the lenient ratio.

(1) If all stolen goods and compensation are voluntarily returned, the benchmark penalty can be reduced by less than 30%; Passive full return of stolen goods and compensation can reduce the benchmark punishment by less than 2 0%;

(2) The voluntary partial return of stolen goods or restitution can be reduced by less than 2 0% on the basis of the benchmark punishment; Passive partial return of stolen goods and compensation can reduce the benchmark penalty within 10%;

(3) Actively cooperate with the case-handling organ to recover the stolen money and goods, and if no economic loss is caused to the victim or the loss is small, the benchmark penalty can be reduced below 10%;

(4) After a criminal case is put on file, if criminals and their relatives and friends recover economic losses by themselves, the benchmark punishment can be reduced by less than 10%.

IV. Sentencing of Fifteen Common Crimes

(7) Crime of fraud

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

Those who defraud public or private property and reach the starting point of "a large amount" can determine the starting point of sentencing within the range of three months of criminal detention to six months of fixed-term imprisonment. On the basis of the starting point of sentencing, for every increase in the amount of fraud 1200 yuan, one month's fixed-term imprisonment can be increased to determine the benchmark punishment.

If the amount of fraud is more than 2,000 yuan, under any of the following circumstances, the starting point of sentencing can be determined within the range of criminal detention of less than four months to fixed-term imprisonment of less than six months: the ringleader of a fraud group or the principal in a fraud crime with serious circumstances:

The crime of escape is serious; Fraud in rural areas; Deceive people over the age of 60; Pretending to be a staff member of a financial institution for fraud; Defrauding a unit or individual of the means of production urgently needed, which seriously affects production or causes other serious losses; Defrauding emergency rescue, flood control, special care, relief, medical care, poverty alleviation and immigration funds and materials; Causing the victim's death, mental disorder or other serious consequences; Having received criminal punishment or administrative punishment for fraud for more than two times; There are other serious circumstances. On the basis of the starting point of sentencing, the sentence of one month to three months can be increased for each additional situation, so as to determine the benchmark punishment.

2. The sentencing starting point and benchmark punishment for the range of fixed-term imprisonment of not less than three years but not more than ten years.

Fraud of public or private property, the amount of crime reaches the starting point of "huge amount", and the starting point of sentencing can be determined within the range of three to four years' imprisonment.

If the amount of defrauding public or private property is more than 30,000 yuan but less than 40,000 yuan, and under any of the following circumstances, it can be considered as "other serious 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: the crime of escaping is serious; Defrauding legal persons, other organizations or individuals of the means of production urgently needed, which seriously affects production or causes other serious losses; Defrauding disaster relief, emergency rescue, flood control, special care, relief, medical care, poverty alleviation and resettlement funds and materials, thus causing serious consequences; Spending fraudulent property, resulting in fraudulent property can not be returned; Using fraudulent property to engage in illegal and criminal activities; Causing the victim's death, mental disorder or other serious consequences; There are other serious circumstances.

On the basis of the starting point of sentencing, the amount of punishment can be increased according to the amount of fraud and other criminal facts that affect the composition of the crime, and the benchmark punishment can be determined. In any of the following circumstances, the corresponding punishment may be increased:

(1) For every 2,000 yuan increase in the amount of crimes, one month's imprisonment can be increased;

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

3. The starting point and benchmark punishment of the statutory punishment within the range of fixed-term imprisonment of more than ten years.

Fraud of public or private property, the amount of crime reaches "extremely huge" 1 10,000 yuan, and the starting point of sentencing can be determined within the range of 10 to 12 years of imprisonment. Except for those who should be sentenced to life imprisonment according to law.

If the amount of defrauding public or private property is more than 150,000 yuan but less than 200,000 yuan, one of the following circumstances may be deemed as "other circumstances are particularly serious". Except for those who should be sentenced to life imprisonment according to law, the starting point of sentencing can be determined within the range of 10 to 12 years of imprisonment: those who commit crimes on the run and have serious harm; Defrauding legal persons, other organizations or individuals of the means of production urgently needed, which seriously affects production or causes other serious losses; Defrauding disaster relief, emergency rescue, flood control, special care, relief, medical care, poverty alleviation and resettlement funds and materials, thus causing serious consequences; Spending fraudulent property, resulting in fraudulent property can not be returned; Using fraudulent property to engage in illegal and criminal activities; Causing the victim's death, mental disorder or other serious consequences; There are other serious circumstances.

On the basis of the starting point of sentencing, the amount of punishment can be increased according to the amount of fraud and other criminal facts, and the benchmark punishment can be determined. In any of the following circumstances, the corresponding fine amount may be increased and the benchmark fine may be determined:

(1) For every 10,000 yuan increase in the amount of crimes, one month's imprisonment can be increased;

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

4. Under any of the following circumstances, the liquidated damages may be increased or decreased accordingly, but the accumulated liquidated damages shall not exceed 65,438+000% of the benchmark liquidated damages:

(1) has "escape crime; Cheating means of production, which has not seriously affected production or caused other serious losses; Deceiving disaster relief, emergency rescue, flood control, special care, relief, medical care, poverty alleviation and resettlement funds and materials, without causing serious consequences, can increase the benchmark punishment by less than 30%; For each additional case, the benchmark penalty can be increased within 10%;

(2) Repeated fraud can increase the benchmark punishment by less than 30%;

(3) Whoever cheats on illegal and criminal activities such as drug abuse and gambling may be given a heavier punishment below 20% of the benchmark punishment;

(4) If the fraudulent property is squandered, so that the fraudulent property cannot be returned, the benchmark punishment may be increased by less than 20%;

(five) the use of fraudulent property for illegal activities, can be increased by less than 20% on the basis of the benchmark punishment;

(6) If death, mental disorder or other serious consequences are caused to the victim, the benchmark punishment may be increased by less than 20%;

(7) If the defendant has been sentenced for a crime or given administrative punishment for fraud, the benchmark punishment may be increased by less than 20%.

5. In any of the following circumstances, the punishment may be mitigated accordingly:

(1) Those who cheat because they are forced by real life and need to learn to treat diseases urgently can reduce the benchmark punishment by less than 20%;

(2) Whoever defrauds his family or close relatives of their property may be given a reduction of less than 50% of the benchmark punishment, unless it is not treated as a crime.

5. Matters needing explanation

(1) If the amount of attempted fraud reaches more than three times the standard of "large amount" or there are other serious circumstances, it shall be convicted and punished for the crime of fraud, and the starting point of sentencing and benchmark punishment may be determined with reference to the provisions of Article 65438 +0, 2 and 3.

(2) If the amount of the completed part of the crime of fraud does not reach "large amount", but the total amount of the attempted part of the crime reaches more than three times the standard of "large amount", it shall be convicted and punished according to the attempted crime.