The crime of financial fraud refers to the act of defrauding public or private property or the credit of financial institutions and undermining the order of financial management by using fictional facts or concealing the truth for the purpose of illegal possession. There are five kinds of crimes that a unit can commit: fund-raising fraud, bill fraud, financial voucher fraud, letter of credit fraud and insurance fraud. ?
The crime of financial fraud is separated from ordinary fraud, but it is not a fraud crime in the traditional sense. The criminal law separates it from the common crime of fraud, in addition to decomposing the crime of pocket fraud, the main reason is to maintain the order of financial management.
Extended data:
1. The object of the crime of financial fraud refers to the social relations protected by the national criminal law and violated by this crime. As far as the object of fraud is concerned, all the objects of fraud are public and private property. From this perspective, the object of the crime of financial fraud is the ownership relationship between public and private property. Therefore, the crime of fraud was stipulated in the chapter of "July 9" criminal law on the crime of infringing property.
However, the object of financial fraud is not a single object, but a complex object. It not only violates property ownership, but also violates the national financial management order and destroys the national market economic order. Therefore, the "97" criminal law stipulated the crime of financial fraud in the chapter on the crime of undermining the socialist market economic order.
2. The objective aspect of the crime of financial fraud refers to the objective expression of the crime of financial fraud, that is, the methods, forms and harmful consequences of financial fraud. The objective aspect of the crime of financial fraud is to defraud a large number of public and private property by means of fund-raising, loan, bill settlement, letter of credit, credit card use, insurance claims, securities trading and payment. By making up facts or hiding the truth. ?
3. The subject of financial fraud has different forms and methods. Therefore, there are both general subjects and special subjects in the crime of financial fraud. Among them, in the form of fund-raising, loan, bill settlement, financial voucher settlement, letter of credit, credit card use, securities trading and payment, the subject of crime is the general subject, that is, natural persons and units with full criminal responsibility, including foreigners and stateless persons.
Fraud in the form of insurance claims is a special subject, that is, the applicant, the insured, the beneficiary, the person in charge of the unit crime, the appraiser of the insurance accident, the witness and the property appraiser deliberately provide false certificates, and should also be punished as * * * *.
4. Subjective aspects of the crime of financial fraud. The crime of fraud must have the purpose of illegally possessing public and private property, and must have the intention of illegally changing the ownership relationship between public and private property. This crime can only be constituted by intention.
References:
Baidu Encyclopedia-Financial Fraud