How to impose penalties for defrauding state subsidies?

Crime of Fraud

Article 266 of the Criminal Law of the People's Republic of China: "Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance." , shall be concurrently or solely 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; A term of imprisonment of not less than ten years or life imprisonment, and a fine or confiscation of property shall prevail.”

The basic structure of this crime is: the perpetrator commits fraud for the purpose of illegal possession. Behavior→The victim has a wrong understanding→The victim disposes of property based on the wrong understanding→The perpetrator obtains property→The victim suffers property losses.

The document on eight types of infringement of property stipulates: Regarding the determination of the amount of the crime of fraud (calculated in RMB), the larger amount is more than 3,000 yuan; the huge amount is more than 50,000 yuan; the amount is particularly huge It is more than 200,000 yuan.

It also stipulates: The amount is an important criterion for determining the crime of property infringement, but it is not the only criterion. In addition to the amount of property violated, a comprehensive analysis should also be conducted based on other specific circumstances of the crime and the guilty plea and remorseful performance of the fraud suspect to ensure correct conviction and sentencing.

Extended information:

If the amount of defrauding public or private property reaches the above-mentioned standard, and any of the following circumstances occurs, he may be severely punished in accordance with the provisions of Article 266 of the Criminal Law. :

(1) Committing fraud to an unspecified majority of people by sending text messages and making phone calls, or using the Internet, radio and television, newspapers and magazines, etc. to publish false information;

(2) Fraudulent funds and materials for disaster relief and emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical care;

(3) Fraud in the name of fundraising for disaster relief;

(4) Fraudulent persons with disabilities property of a person, the elderly or a person who has lost the ability to work;

(5) Causing suicide, mental disorder or other serious consequences to the victim.

If the amount of fraud is close to the standards of "huge amount" or "particularly huge amount" stipulated above, and falls under one of the circumstances specified in the preceding paragraph or is the leading member of a fraud group, it shall be deemed as a second-tier crime in the criminal law respectively. "Other serious circumstances" and "other particularly serious circumstances" stipulated in Article 166.

Baidu Encyclopedia - Criminal Law of the People's Republic of China

Baidu Encyclopedia - Fraud