Criteria for filing contract fraud

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In the process of signing and performing the contract, some people may take fraudulent means such as fabricating facts or concealing the truth for the purpose of illegal possession. At this point, once the prescribed filing standards are met, it constitutes the crime of contract fraud. So what is the standard for filing the crime of contract fraud stipulated by Chinese law? Let's take a closer look at it.

First, the standard of filing contract fraud

The crime of contract fraud refers to the act of defrauding the other party's property by fabricating facts or concealing the truth for the purpose of illegal possession in the process of signing and performing the contract. This crime is a new charge in 1997 criminal law. Contract fraud includes:

1. Sign a contract in the name of a fictitious unit or others;

2, forged, altered, invalid bills or other false proof of property rights as a guarantee;

3. Without actual performance ability, first perform the small contract or part of the contract to trick the other party into continuing to sign and perform the contract;

4. Escape after receiving goods, money, advance payment or secured property from the other party;

5. defrauding the other party's property by other means.

According to the provisions 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, and the amount is more than 20,000 yuan, shall file a case for prosecution.

The case of 1 with the filing standard of "individuals defrauding public and private property, with the amount ranging from 5,000 yuan to 20,000 yuan" shall be filed for investigation. This mainly refers to one of the five situations in which an individual commits contract fraud and defrauds others of property with a cumulative amount of more than 5,000 yuan but less than 20,000 yuan as stipulated in Article 224 of the Criminal Law.

In the second case of filing criteria, "if the directly responsible person in charge and other directly responsible personnel of the unit commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, the amount is more than 50,000 yuan but less than 200,000 yuan", it should be filed for investigation.

Second, how to sentence the crime of contract fraud

According to the different circumstances of the crime of contract fraud, the sentencing standards are as follows:

1. If the amount of contract fraud is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.

2. If the amount of contract fraud is huge or there are other serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years, and shall also or only be fined.

3. If the amount of contract fraud is especially huge or there are other particularly serious circumstances, it shall be sentenced to fixed-term imprisonment of 10 or life imprisonment, and shall also be fined or confiscated.

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

Because both natural persons and units can constitute the crime of contract fraud, we should first understand whether the subject of the crime is a natural person or a unit, and the filing standards of different subjects are different. If you still have questions about this, you can call our online lawyer directly. For more relevant knowledge, please consult Xinxiang lawyer!

Extended reading:

How to determine the amount of contract fraud

What are the ways to exercise the crime of contract fraud

How long is the limitation of prosecution for contract fraud?