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What is the filing amount?
According to the provisions of the judicial interpretation of the Supreme Court, it should be 2000, but all localities can adjust it within a certain range.
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases.
1. According to the provisions of Articles 151 and 152 of the Criminal Law, defrauding a large amount of public or private property constitutes a crime of fraud.
Individuals who defraud public or private property of more than 2,000 yuan belong to a "large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount".
Individuals who defraud public or private property of more than 200,000 yuan belong to a huge amount of fraud. The huge amount of fraud is an important part of fraud, but it is not the only plot. The amount of fraud is more than 654.38+10,000 yuan, and under any of the following circumstances, it should also be considered as "the circumstances are particularly serious":
(1) ringleaders of fraud groups or principals of major fraud crimes;
(2) The recidivist or fugitive commits serious crimes;
(3) defrauding a legal person, other organization or individual of the means of production urgently needed, which seriously affects production or causes other serious losses; (4) defrauding disaster relief, emergency rescue, flood control, special care, relief and medical funds and materials, thus causing serious consequences;
(5) Spending fraudulent property, which makes it impossible to return the fraudulent property;
(six) the use of fraudulent property for illegal and criminal activities;
(7) Having received criminal punishment for fraud;
(8) Causing the victim's death, mental disorder or other serious consequences;
(9) Other serious circumstances.
The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, and the amount is more than 50,000 to 654.38+10,000 yuan, and the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 151 of the Criminal Law; If the amount is more than 200,000 yuan but less than 300,000 yuan, the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 152 of the Criminal Law.
For the crime of * * * with the nature of fraud, the amount of the crime should be determined by the amount of the actor's participation in the crime of * * * with the nature of fraud, and the punishment should be given according to the status, role and illegal income of the actor.
Fraud has been started, but the property cannot be obtained due to reasons other than the will of the actor, which is an attempted fraud. Attempted fraud, if the circumstances are serious, should also be convicted and punished according to law.
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the economic development of the region and considering the social security situation, determine that the amount of personal fraud in the region is large and the amount of unit fraud is huge within the range of "2,000 yuan to 4,000 yuan" and "30,000 yuan to 50,000 yuan" respectively, investigate the criminal responsibility of the relevant personnel, and determine the applicable criminal law with reference to the amount stipulated in the fourth paragraph.
Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the standards for prosecuting economic crimes.
69. Crime of contract fraud (Article 224th of the Criminal Law)
Anyone who, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract shall be prosecuted under any of the following circumstances:
1, personal fraud of public or private property, with the amount ranging from 5,000 yuan to 20,000 yuan;
2, the person in charge directly responsible for the unit and other directly responsible personnel in the name of the unit to implement fraud, fraud proceeds owned by the unit, the amount of more than 50 thousand yuan to 200 thousand yuan.
Personally, I don't think your business belongs to economic contract fraud as stipulated in these regulations.
Public security administration punishment law
Article 49 Whoever steals, swindles, robs, robs, extorts or intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.
If the number of people cheated is large and the amount is large (2000-4000), the public security organ should file a case!
What is the filing amount?
Suspected of one of the following circumstances, it shall be placed on file:
1, and the amount of personal corruption is more than 5,000 yuan;
2. The amount of personal corruption is less than 5,000 yuan, but it has the circumstances of corruption and disaster relief, emergency rescue, flood prevention, epidemic prevention, special care, poverty alleviation, immigration, disaster relief funds and materials, stolen money and goods, confiscation of funds and materials, temporary withholding of funds and materials, bad means of corruption, destruction of evidence, transfer of stolen goods, etc.
(2) Misappropriation of public funds (Articles 384, 65438+Paragraph 2 of Article 085 and Paragraph 2 of Article 272)
The crime of misappropriating public funds refers to the behavior of state staff who take advantage of their positions to misappropriate public funds for personal use and engage in illegal activities, or misappropriate a large amount of public funds for profit-making activities, or misappropriate public funds for more than three months.
Staff of state-owned financial institutions and personnel assigned by state-owned financial institutions to non-state-owned financial institutions who misappropriate the funds of their own units or clients by taking advantage of their positions shall be investigated for criminal responsibility for the crime of misappropriation of public funds.
Personnel engaged in official business in state-owned companies, enterprises or other state-owned units, as well as personnel appointed by state-owned companies, enterprises or other state-owned units to engage in official business in non-state-owned companies, enterprises and other units, take advantage of their positions and misappropriate the funds of their own units for personal use or lend them to others. If the amount is relatively large, it has not been paid back for more than three months, or the amount is not more than three months, engaging in profit-making activities or illegal activities, criminal responsibility shall be investigated for the crime of misappropriating public funds.
Suspected of one of the following circumstances, it shall be placed on file:
1, misappropriating public funds for personal use, and the amount is more than 5,000 yuan to 1 0,000 yuan, which is illegal;
2, misappropriation of public funds in the amount of 6.5438+0 million yuan to more than 30 thousand yuan, owned by individuals for profit-making activities;
3, misappropriation of public funds for personal use, the amount of 6.5438+0 million yuan to more than 30 thousand yuan, more than 3 months did not return.
The people's procuratorate at the provincial level may, according to the local actual situation, determine the specific amount standard implemented in the local area within the above-mentioned amount range and report it to the Supreme People's Procuratorate for the record.
"Misappropriation of public funds for personal use" includes both the personal use of the embezzler and the use of others.
If public funds are misappropriated for many times and are not returned, the amount of misappropriated public funds shall be calculated cumulatively; Misappropriating public funds for many times and returning the later misappropriated public funds to the former misappropriated public funds, the amount of misappropriation of public funds shall be determined by the amount not returned at the time of committing the crime.
In the case of misappropriating public funds for other individuals, if the user colludes with the embezzler, instigates or participates in planning to obtain the misappropriated funds, the criminal responsibility of the user shall be investigated for the crime of misappropriating public funds.
(3) Bribery cases (Articles 385, 386, 388, Paragraph 3 of 163, Paragraph 2 of 184).
The crime of accepting bribes refers to the act of state functionaries taking advantage of their positions to ask for other people's property, or illegally accepting other people's property to seek benefits for others.
"Taking advantage of one's position" refers to taking advantage of the power within one's position, that is, the power to take charge of, be responsible for or undertake a public affair and the convenient conditions for its formation.
Asking for other people's property, whether or not "seeking benefits for others", can constitute the crime of accepting bribes. Those who illegally accept other people's property must also have the conditions of "seeking benefits for others" in order to constitute the crime of accepting bribes. However, whether the interests sought for others are justified or not, and whether the interests sought for others are realized, does not affect the determination of the crime of accepting bribes.
State functionaries who, in violation of state regulations, accept kickbacks and handling fees in various names in economic exchanges and own them personally shall be investigated for criminal responsibility for accepting bribes.
Personnel engaged in official business in state-owned companies and enterprises, and personnel appointed by state-owned companies and enterprises to engage in official business in non-state-owned companies and enterprises, take advantage of their positions to ask for or illegally accept other people's property to seek benefits for others, or accept kickbacks and service fees in various names in violation of state regulations in economic exchanges, which are owned by individuals, shall be investigated for criminal responsibility for accepting bribes.
Staff of state-owned financial institutions and personnel assigned by state-owned financial institutions to non-state-owned financial institutions to engage in official business, who extort or illegally accept other people's property in financial business activities to seek benefits for others, or who, in violation of state regulations, accept kickbacks and service fees in various names for personal possession, shall be investigated for criminal responsibility for accepting bribes.
State functionaries take advantage of their authority or position to seek illegitimate interests for the trustee through the behavior of other state functionaries, and demand the trustee ..... >>
How much does it cost to file a case?
Legal fees required 1500 yuan.
References:
For more information, please refer to Legal Express Legal Consultation LawTime/Ask/Question _125323.
How much fraud can be filed?
Fraud is enough to file a case, but it is divided into public security cases and criminal investigation cases. The starting point of fraud is 5,000 yuan, the crime is more than 5,000, and the public security is less than 5,000.
You really can't arrest people with a photo. With a population of 65.438+0.4 billion, it is impossible to check them one by one.
It can only be said that the current mechanism is not enough to meet 654.38+04 billion people, and there will be things that Xiaoyueyue and the elderly can't help.
Most of them are good people, like you.
How much is a criminal case?
Different types of cases have different standards for filing criminal cases.
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 (implemented on April 8, 201/) stipulates that if the amount of public or private property is more than 3,000 yuan and more than 10,000 yuan, more than 30,000 yuan and more than 100,000 yuan and more than 500,000 yuan, it shall be deemed as "a large amount" and "a huge amount".
The filing standard of theft: theft of public or private property with an amount of more than 1,000 yuan and less than 3,000 yuan, more than 30,000 yuan and less than 100,000 yuan, and more than 300,000 yuan and less than 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 264 of the Criminal Law.
What is the amount of fraud that can be filed?
The standards of fraud vary from place to place.
Yes 1000-3000.
It will be very difficult if the amount of the case is not reached, and other victims need to be found together.
The public security bureau is unwilling to take care of such a thing.
How much fraud can be filed?
1. The standard amount can be reported to the police, and criminal proceedings can still be initiated if it exceeds 2000. The standard for determining the crime of fraud is 5000, but as long as there is fraud, the public security organ can file a case. Article 266 of the Criminal Law stipulates that 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. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases, 1. According to the provisions of Articles 151 and 152 of the Criminal Law, swindling public or private property with a large amount constitutes the crime of fraud. Individuals who defraud public or private property of more than 2,000 yuan belong to a "large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount". If the value of public or private property is more than 50,000 yuan, it is a huge amount, and the starting penalty is raised from 40,000 yuan to 50,000 yuan, which means that the case of "more than 40,000 yuan but less than 50,000 yuan" that should have been sentenced within the scope of "huge amount" will be sentenced within the scope of "huge amount". The standard of "extremely huge amount" has been raised from "200,000 yuan" to "500,000 yuan".
What is the amount of general bribery?
Interpretation of some problems on the application of law in handling criminal cases of corruption and bribery
(Adopted at the1680th meeting of the Supreme People's Court Judicial Committee on March 28th, 20 16, and the 50th meeting of the 12th Procuratorial Committee in the Supreme People's Procuratorate on March 25th, 20 18, which will take effect on April 28th, 2008).
Fa Shi [2065438+06] No.9
Article 1 Whoever embezzles or accepts bribes in an amount of not less than 30,000 yuan but not more than 200,000 yuan shall be deemed as a "relatively large amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.
If the amount of corruption is more than 10,000 yuan but less than 30,000 yuan, under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined:
(a) corruption disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, epidemic prevention, social donations and other specific funds and materials;
(2) Being disciplined or administratively punished for corruption, bribery or misappropriation of public funds;
(3) Being criminally investigated for intentional crimes;
(four) the stolen money is used for illegal activities;
(5) refusing to account for the whereabouts of the stolen money or refuse to cooperate with the recovery work, which makes it impossible to recover it;
(6) Causing adverse effects or other serious consequences.
If the amount of bribes is more than 10,000 yuan but less than 30,000 yuan, and it falls under the circumstances specified in Items 2 to 6 of the preceding paragraph, or under any of the following circumstances, it shall be deemed as "other serious circumstances" as specified in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined:
(a) repeatedly asking for bribes;
(two) to seek illegitimate interests for others, resulting in the loss of public property, the interests of the state and the people;
(3) seeking job promotion or adjustment for others.
Article 2 Whoever embezzles or accepts bribes in an amount of more than 200,000 yuan but less than 3 million yuan shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined or confiscated.
If the amount of corruption is more than 100,000 yuan but less than 200,000 yuan, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined or confiscated.
If the amount of bribes is more than 100,000 yuan but less than 200,000 yuan, and one of the circumstances stipulated in the third paragraph of Article 1 of this Interpretation is involved, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined or confiscated.
Article 3 Whoever embezzles or accepts bribes in an amount of more than 3 million yuan shall be deemed as "extremely huge" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated of property.
If the amount of corruption is more than 1.5 million yuan but less than 3 million yuan, it shall be deemed as "other particularly serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated.
How much can you cheat before you can file a case?
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 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "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, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
In other words, more than 3,000 can be filed, but the standards in different provinces are different. For example, Beijing 5000.
What are the conditions for filing a case? I was cheated. Can 500 yuan file a case?
The first two answers are incorrect. Filing a case refers to criminal filing, and the filing standard is the initial standard to judge whether a case is established. Among them, the criminal filing standard is formulated by the investigation organ, and the significance of the filing standard is to start the criminal procedure. Different places have different standards for filing cases because of different economic development. After the citizens called the police, the police came out, indicating that the public security organs began to accept the case. For example, the Notice of the Ministry of Public Security on Amending the Statistical Measures for Filing Theft Cases issued by the Ministry of Public Security in June 1992+0 stipulates that the public security organs should accept, register and seriously investigate and deal with all theft cases that have been reported to the police, regardless of the amount of stolen property. Among them, those who reach the local standard of the amount of theft crimes are classified as criminal cases; Breaking houses, breaking windows, pickpocketing, using tools such as blades or carrying weapons to break into houses, regardless of the amount of stolen property, shall be treated as a criminal case; Obviously, it is a recidivist crime or one person commits crimes many times, and the circumstances or consequences are serious, and other cases do not meet the prescribed amount standard, which is also a criminal case; The rest are investigated as public security cases. The standard for filing fraud cases is that individuals who defraud public or private property of more than 2,000 yuan shall be established as criminal cases. You don't have to file a case, but if you can find some victims who have the same experience as you, you can report the case to the public security organ together, and the public security organ may successfully file a case according to the total amount of your losses and the wide range of the victims.
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