Provisions on the amount of fraud in Sichuan Province

20 16 new provisions on filing standards and sentencing of fraud crimes in Sichuan province.

1. Notice of Sichuan Higher People's Court on Determining the Execution Standard of Sichuan Fraud 20 1 1

The notice stipulates that if the value of public or private property is more than 5,000 yuan, the amount is relatively large; More than 50,000 yuan is "a huge amount"; More than 500 thousand is a huge sum. (that is, the amount involved is less than 5,000 yuan, and criminal punishment is generally not given. )

2. According to article 266 of the Criminal Law, those who commit this crime:

1, if the amount is relatively large, it 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.

Three, the Sichuan Provincial High Court sentencing guidelines corresponding provisions

(7) Crime of fraud

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.

Those who defraud public or private property reach the starting point of "relatively 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, the amount of fraud will be increased by one month to two months every 1500 yuan, 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.

If the amount of defrauding public or private property is close to a huge amount and has one of the following circumstances, it shall be deemed as "other serious circumstances", and the starting point of sentencing shall be determined within the range of fixed-term imprisonment of not less than three years and not more than four years: by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority of people; 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 disabled, the elderly or the disabled of their property; 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.

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) If the amount of crime reaches the standard of "huge amount", the sentence will be increased by one month to two months for every additional 6,000 yuan;

(2) If the amount of crime is close to the standard of "huge amount" and there are circumstances that can be identified as "other serious circumstances", the sentence will 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.

Whoever cheats public or private property and the amount of crime reaches the starting point of "extremely huge amount" shall determine the starting point of sentencing within the range of fixed-term imprisonment of not less than 10 years but not more than 12 years. Except for those who should be sentenced to life imprisonment according to law.

The amount of defrauding public or private property is close to "extremely huge amount", and in any of the following circumstances, it shall be deemed as "other particularly serious circumstances". Except for those who should be sentenced to life imprisonment according to law, the starting point of sentencing shall be determined within the range of fixed-term imprisonment of 10 years or more 12 years or less: by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, most people are punished. 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 disabled, the elderly or the disabled of their property; 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.

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 fine amount shall be increased and the benchmark fine shall be determined:

(1) If the amount of crime reaches the standard of "extremely huge amount", the prison term will be increased by one month to three months for every additional 50,000 yuan;

(2) The amount of crime is close to the standard of "extremely huge amount", and there are circumstances that can be identified as "other particularly serious circumstances". For each additional case, the sentence will be increased by six months to two years.

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) Whoever cheats public or private property belongs to the ringleader of the fraud group or has one of the following circumstances, the benchmark punishment will be increased by less than 30% (except those that have been determined to constitute a criminal fact): whoever cheats an unspecified majority by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and periodicals; 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 disabled, the elderly or the disabled of their property; Causing the victim to commit suicide, mental disorder or other serious consequences; There are other serious circumstances. Every time the above situation increases, the increase of the benchmark liquidated damages shall not exceed10%;

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

(3) Whoever cheats on illegal acts such as drug abuse and gambling shall be punished within 20% of the benchmark punishment.

5. In any of the following circumstances, you can be given a lighter punishment:

(1) If the stolen goods are automatically returned to the victim before committing the crime, the benchmark punishment shall be reduced by less than 30%;

(2) Those who cheat because of the urgent need of life, study and treatment shall be punished by less than 30% of the benchmark punishment;

(3) defrauding the property of close relatives, which is understood by close relatives, is generally not treated as a crime; If criminal responsibility really needs to be investigated, the benchmark punishment will be reduced by 20%-50%;

(4) Other circumstances that can be given a lighter punishment can reduce the benchmark punishment by less than 20%.

6. If the part of fraud crime is completed and attempted, and the benchmark punishment is determined by the completed part, it can be increased by less than 30% on the basis of the benchmark punishment according to the degree of implementation of the attempted part, the size of the damage caused and the reasons for the attempted crime. If the benchmark punishment is determined by the attempted part, the benchmark punishment can be increased by less than 40% according to the damage caused by the completed part of the crime.

7. Problems to be explained

(1) If the attempted fraud targets a huge amount of property, or there are other serious circumstances, it shall be convicted and punished. The starting point of sentencing and the benchmark penalty shall be determined according to the specific circumstances of the case with reference to the provisions of Article 65438th +0, 2 and 3.

(2) There are both accomplished and attempted fraud crimes, and the sentencing range corresponding to the accomplished part is relatively heavy, or the sentencing range corresponding to the accomplished part and the attempted part is the same, then the accomplished part is used to determine the benchmark punishment, and the attempted part is used as the benchmark punishment for adjusting the sentencing circumstances; If the sentencing range corresponding to the attempted part is relatively heavy, the benchmark punishment shall be determined by the attempted part, and the benchmark punishment shall be adjusted by the accomplished part as the sentencing circumstances.

(3) A person who swindles public or private property, although it reaches the standard of "relatively large amount", is under any of the following circumstances, and the perpetrator pleads guilty and repents, and can be exempted from criminal punishment according to the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law: one who has a statutory lenient punishment; Refund the stolen money or compensation before the judgment of the first instance; Not participating in the distribution of stolen goods or getting less stolen goods is not the principal offender; The victim understands; Other circumstances are minor and not serious.

Sichuan 20 16 is for reference only. If there are new regulations and judicial interpretations, please refer to the latest regulations.