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How long will the sentence be for fraud and money laundering?
How long you will be sentenced for fraud and money laundering depends on the circumstances involved. If the amount is relatively large, you will be sentenced to a fixed-term imprisonment of not more than 3 years. If the amount is huge, you will be sentenced to 3-10 years in prison. The person shall be sentenced to fixed-term imprisonment of more than 10 years, and the specific circumstances may be determined based on actual circumstances.
1. How long will you be sentenced for fraud and money laundering? How long will you be sentenced for fraud and money laundering? It depends on the circumstances involved. According to Article 266 of the "Criminal Law", the amount of defrauding public and private property is If the amount is huge or there are other serious circumstances, the sentence shall be fixed-term imprisonment of not less than three years and not more than 10 years, and shall also be fined; if the amount is extremely huge or there are other serious circumstances, the sentence shall be not less than three years and not more than 10 years of fixed-term imprisonment, and also a fine; if the amount is particularly huge or there are other serious circumstances, the sentence shall be For other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.
II. "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud" Determination of Fraud-Related Circumstances Article 1 Fraud of public or private property worth 3,000 yuan to more than 10,000 yuan, 30,000 yuan to 10,000 yuan If the amount exceeds 10,000 yuan or more than 500,000 yuan, it shall be deemed as "relatively large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively. The higher people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, based on the economic and social development conditions of their respective regions, jointly study and determine the specific amount standard for implementation in their respective regions within the amount range specified in the preceding paragraph, and report it to the Supreme People's Court and the Supreme People's Procuratorate. Procuratorate filing. Article 2 Anyone who defrauds public or private property up to the amount standard stipulated in Article 1 of this Interpretation and falls under any of the following circumstances may be severely punished in accordance with the provisions of Article 266 of the Criminal Law: (1) By sending text messages or making phone calls Or use the Internet, radio and television, newspapers and magazines, etc. to publish false information to defraud an unspecified majority of people; (2) Defrauding disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical funds; (3) Using Committing fraud in the name of raising funds for disaster relief; (4) defrauding disabled people, the elderly, or people who have lost the ability to work out of their property; (5) causing the victim to commit suicide, become mentally disordered, or have other serious consequences. If the amount of fraud is close to the standards of "huge amount" or "particularly huge amount" stipulated in Article 1 of this Interpretation, and there is one of the circumstances specified in the preceding paragraph or if it is the leading member of a fraud group, it shall be deemed to be a fraud under Article 260 of the Criminal Law respectively. "Other serious circumstances" and "other particularly serious circumstances" stipulated in Article 6. Article 3 Although the defrauding of public or private property has reached the "relatively large amount" standard stipulated in Article 1 of this Interpretation, if one of the following circumstances occurs and the perpetrator pleads guilty and regrets his crime, he may be punished according to Article 37 of the Criminal Law and Criminal Procedure According to the provisions of Article 142 of the Law, no prosecution or criminal punishment is required: (1) Those who have statutory lenient punishment circumstances; (2) All the stolen goods and compensation are returned before the judgment of the first instance is pronounced; (3) They do not participate in the division of the stolen goods or obtain compensation. The stolen goods are relatively small and he is not the principal culprit; (4) The victim is understanding; (5) Other circumstances are minor and the harm is not great. Article 4: Defrauding close relatives of their property will generally not be treated as a crime if the close relatives understand. It is indeed necessary to pursue criminal liability for defrauding close relatives of their property, and the specific handling should be lenient as appropriate. Article 5 Anyone who attempts fraud, targets a huge amount of property, or has other serious circumstances shall be convicted and punished. Using telecommunications technology means such as sending text messages, making phone calls, and the Internet to defraud an unspecified majority of people. The amount of the fraud is difficult to verify, but if one of the following circumstances occurs, it shall be deemed as "other serious circumstances" stipulated in Article 266 of the Criminal Law. ", the person shall be convicted and punished for the crime of fraud (attempted): (1) Those who send more than 5,000 fraudulent messages; (2) Those who make more than 500 fraudulent calls; (3) Those whose fraud methods are egregious and cause serious harm. Those who commit the acts specified in the preceding paragraph and the quantity reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or whose fraud methods are particularly egregious and the harm is particularly serious, shall be deemed to have committed crimes as stipulated in Article 266 of the Criminal Law. "Other particularly serious circumstances" will result in conviction and punishment of fraud (attempted). In judicial practice, criminals who commit fraud need to be prosecuted for fraud, but if there is money laundering, they also need to be prosecuted for money laundering. If you are not clear about how to handle the situation, you can consult a lawyer. Legally defined processing will be carried out upon arrival to avoid errors in the application of the law.
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