1. What is the legal basis of the crime of fraud?
The legal provisions on fraud are as follows:
Article 266 of the Criminal Law of People's Republic of China (PRC) 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.
Interpretation of the "two highs" on the specific application of legal issues in handling criminal cases of fraud Article 1 stipulates that those who defraud public or private property in the amount of 3,000 to 10,000 yuan, 30,000 to 100,000 yuan and 500,000 yuan are respectively deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law.
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.
Article 49 of the Law on Public Security Administration Punishment stipulates that anyone who 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.
Second, do you need any evidence for fraud?
Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. Objectively, this crime is manifested in the use of fraud to defraud a large number of public and private property. Fraud includes two types in form.
1, fictional facts,
2. Concealing the truth, both of which are essentially behaviors that make the victim fall into wrong cognition. Secondly, fraud makes the other party have a wrong understanding. The misunderstanding of the other party is caused by the fraud of the perpetrator. Even if the other party has some misjudgments, it does not prevent the fraud from being established. Between fraud and the disposition of property by the other party, we must intervene in the misunderstanding of the other party. Thirdly, the establishment of the crime of fraud requires the victim to dispose of his property after falling into a wrong understanding. Finally, after the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property. If you encounter fraud, you should call the police in time regardless of the amount. Regarding the evidence, the police will tell you what evidence you should provide.
For the crime of fraud, in judicial practice, we should focus on collecting evidence to prove that the perpetrator fabricated facts or concealed them. If the court wants to find the crime of fraud, people must have physical evidence, and if the evidence is insufficient, they will be convicted casually.
Paragraph 2 of Article 48 of the Criminal Procedure Law
There are seven kinds of evidence:
(1) Physical evidence and documentary evidence: such as transfer records, chat screenshots, tools used by the other party to commit crimes, etc.
(2) Testimony of witnesses: such as oral testimony of relevant witnesses;
(3) Victim's statement: the victim truthfully stated;
(4) confessions and excuses of criminal suspects and defendants;
(5) Appraisal conclusion: such as forensic medicine appraisal, forensic psychiatry appraisal, handwriting appraisal, trace appraisal, chemical appraisal, accounting appraisal and technical appraisal.
(6) Records of inquests and inspections: such as records made during the investigation and inspection of places, articles, traces and corpses related to crimes;
(7) Audio-visual materials: such as information stored in audio and video recordings, computers or other high-tech equipment, to prove the true situation of the case.
Article 266 of the Criminal Law of People's Republic of China (PRC)
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 shall 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.
3. How long is the sentence for fraud?
According to the relevant laws of our country, the fixed-term imprisonment of fraud depends on the circumstances of the crime. If the amount is especially huge or there are other particularly serious circumstances, life imprisonment may be imposed.
Criminal law of the people's Republic of China
Article 266 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 shall 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.
That's what the legal basis of fraud is for you. From this, we know that the suspects in fraud cases need to find a lot of evidence that is beneficial to them. If the evidence found is useless to him, it will bring him all kinds of troubles.