Sentencing standard for online fraud 2022

(1) According to Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud, if the amount of public or private property is more than 3,000 yuan, more than 30,000 yuan and more than 500,000 yuan by using telecommunication network technology, it shall be deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law respectively.

Whoever commits telecommunication network fraud for many times within two years without treatment and the accumulated amount of fraud constitutes a crime shall be convicted and punished according to law.

(two) the implementation of telecommunication network fraud crime, reaching the corresponding amount standard, one of the following circumstances, as appropriate, a heavier punishment:

1, causing serious consequences such as suicide, death or mental disorder of the victim or his close relatives;

2. Pretending to be the staff of state organs such as judicial organs to commit fraud;

3. Organizing and directing criminal gangs that commit telecommunication network fraud;

4. Implementing telecommunication network fraud overseas;

5. Having received criminal punishment or administrative punishment for telecommunication network fraud within two years;

6. defrauding the property of the disabled, the elderly, minors, students at school, people who have lost their ability to work, or defrauding the property of seriously ill patients and their relatives;

7, defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical care and other funds and materials;

8. Fraud in the name of social welfare and charity such as disaster relief and fundraising;

9, the use of telephone call system and other technical means to seriously interfere with the work of public security organs and other departments;

10, using "phishing website" link, "Trojan horse" program link, network penetration and other hidden technical means to implement fraud.

(3) If the crime of telecommunication network fraud is committed, and the amount of fraud is close to the standards of "huge amount" and "extremely huge amount", and it falls into one of the circumstances specified in item (2) above, it shall be respectively recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law.

The "close" in the above provisions should generally be above 80% of the corresponding amount standard.

(four) the implementation of telecommunication network fraud, criminal suspects and defendants actually defrauded property, convicted and punished for fraud (accomplished). The amount of fraud is difficult to verify, but under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted):

1, send more than 5000 fraudulent short messages, or make more than 500 fraudulent calls;

2. Publish fraudulent information on the Internet, with more than 5000 views.

With the above circumstances, the number reaches more than ten times the corresponding standard, which shall be deemed as "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted).

The above-mentioned "making fraudulent phone calls" includes making fraudulent phone calls and answering the victim's call back. If you repeatedly dial and answer the same phone number and send fraudulent information to the same victim, the number of times you dial and answer the phone and the number of times you send short messages shall be calculated cumulatively.

If it is difficult to collect evidence of the number of phone calls and text messages sent because the criminal suspect or defendant intentionally conceals or destroys the evidence, it can be comprehensively identified according to the verified daily number of phone calls and text messages, combined with the time when the criminal suspect or defendant committed the crime, the confession of the criminal suspect or defendant and other relevant evidence.

(5) If the accomplished and attempted telecommunication network fraud reach different sentencing ranges respectively, they shall be punished according to the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as fraud.

(6) When determining the starting point of sentencing and benchmark punishment, the defendant who commits telecommunication network fraud should generally choose the higher one. When determining the declared sentence, we should integrate the facts and circumstances of the whole case, accurately grasp the adjustment range of the heavier and lighter sentencing circumstances, and ensure that the crime and punishment are compatible.

(seven) the defendant who commits the crime of telecommunication network fraud shall strictly control the scope of probation and strictly grasp the conditions of probation.

(8) For the defendants who commit telecommunication network fraud, we should pay more attention to the application of property punishment according to law, increase economic punishment, and deprive the defendants of the ability to commit crimes again to the maximum extent.

Legal basis:

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

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 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.

Article 287- 1 Paragraph 1

Whoever commits one of the following acts by using the information network, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined:

(a) to establish websites and distribution groups that commit fraud, teach criminal methods, make or sell prohibited items, controlled items and other illegal and criminal activities.