Severe penalties for fraud

Legal analysis: (1) By sending text messages, making phone calls, or using the Internet, radio and television, newspapers, magazines, etc. to publish false information to defraud an unspecified majority of people;

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

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

(4) Defrauding disabled people, the elderly or people who have lost the ability to work out of their property;

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

Legal basis: "The People's Republic of China and the Civil Code"

Article 148: One party uses fraudulent means to cause the other party to act against its true intention For civil legal acts, the party who was defrauded has the right to request the people's court or arbitration institution to cancel it.

Article 149: If a third party commits a fraudulent act, causing a party to perform a civil legal act against his true intention, and the other party knows or should know about the fraudulent act, the party who was defrauded shall have the right to The right to request the people's court or arbitration institution to revoke it.

Article 150: If one party or a third party uses coercion to cause the other party to perform a civil legal act against its true intention, the coerced party has the right to request the people's court or arbitration institution to cancel it. .

"Criminal Law of the People's Republic of China"

Article 192: Whoever uses fraudulent methods to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, shall be punished with three If the amount is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have property confiscated.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Article 266: Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, Those who commit crimes 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 particularly huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or their property shall be confiscated. If this law provides otherwise, the provisions shall prevail.

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" Article 2 If the amount of public or private property defrauded reaches the amount standard stipulated in Article 1 of this Interpretation, one of the following circumstances occurs: , may be severely punished in accordance with the provisions of Article 266 of the Criminal Law:

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

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

(3) Disaster relief Committing fraud in the name of raising donations;

(4) Defrauding the disabled, elderly or people who have lost the ability to work out of their property;

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

If the amount of fraud is close to the "huge amount" or "particularly huge amount" standards stipulated in Article 1 of this Interpretation, and falls under one of the circumstances specified in the preceding paragraph or is the leading member of a fraud group, it shall be determined separately. It is "other serious circumstances" and "other particularly serious circumstances" stipulated in Article 266 of the Criminal Law.