The amount standard of fraud in Henan Province 2022

In 2022, the standard for filing fraud in Henan Province was that only those who defrauded property of more than 5,000 yuan would be filed for investigation. In addition, the amount of defrauding public and private property of 50,000 yuan is huge, and the amount of defrauding public and private property of more than 500,000 yuan is particularly huge. If it does not meet the standards for filing fraud, the public security organ will also file a case.

First, what constitutes fraud?

1, the objective elements of fraud. The object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property.

2. The objective elements of fraud. Objectively, this crime is manifested in the use of fraud to defraud a large number of public and private property.

3. The main elements of fraud. The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.

4. Subjective elements of fraud. Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.

Second, the specific provisions of the crime of fraud in Henan Province:

1. The starting point and benchmark punishment of fixed-term imprisonment, criminal detention, public surveillance and a single fine with a statutory penalty of less than three years.

Whoever defrauds public or private property and reaches the starting point of "large amount" shall determine the starting point of sentencing within the range of more than three months of criminal detention to less than six months of fixed-term imprisonment. On the basis of the starting point of sentencing, for every increase in the amount of fraud 1500 yuan, the sentence will be increased by one month. If the amount of fraud through telecommunication network increases 800 yuan, the sentence will be increased by one month, 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.

Whoever cheats public or private property and the amount of crime reaches the starting point of "huge amount" shall determine the starting point of sentencing within the range of fixed-term imprisonment of not less than three years but not more than four years.

The implementation of telecommunication network fraud, the amount of fraud is more than 25,000 yuan but less than 30,000 yuan, and it has one of the circumstances stipulated in Article 2 of Part II of Opinions of the Ministry of Public Security of the Supreme People's Procuratorate and the Supreme People's Court on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Telecommunication Network Fraud, which shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, 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.

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

(1) For every 6,000 yuan increase in the amount of crimes, one month's imprisonment will be increased; Whoever commits telecommunication network fraud will be sentenced to one month's imprisonment for every 5,000 yuan increase;

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

(3) Other circumstances that can aggravate the punishment.

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 the starting point of "extremely huge amount", the starting point of sentencing shall be determined within the range of fixed-term imprisonment of 10 years or more 12 years or less. Except for those who should be sentenced to life imprisonment according to law.

4. Under any of the following circumstances, a heavier punishment may be imposed, but under two or more circumstances at the same time, the cumulative punishment shall not exceed 100% of the benchmark punishment:

(1) Fraud of public or private property, in any of the following circumstances, will be increased by less than 30% on the basis of the benchmark punishment (except those that have been determined to constitute criminal facts): by sending short messages, making phone calls, or publishing false information through the Internet, radio and television, newspapers and magazines, etc., fraud is committed against 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 property of the disabled, the elderly or people who have lost the ability to work; Causing the victim to commit suicide, mental disorder or other serious consequences; Belonging to the ringleader of a fraud group; There are other serious circumstances. In the above situation, for each additional item, the benchmark penalty shall be increased below 10%.

(2) If fraud is committed for many times, the benchmark punishment shall be increased by less than 20%;

(3) For illegal and criminal activities such as drug abuse and gambling and fraud, the benchmark punishment shall be increased by less than 30%;

(four) other circumstances that can be severely punished.

legal ground

Article 266 of the Criminal Law of People's Republic of China (PRC)

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.