Crime of Fraud

[Interpretation]

Crime of Fraud means defrauding a relatively large amount of money by fabricating facts or concealing the truth for the purpose of illegal possession. Acts on public and private property.

[Criminal Law Provisions]

Article 266 Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall be concurrently or solely punished fine; 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined or Confiscation of property. If this law provides otherwise, the provisions shall prevail.

Anyone who uses deceptive means to defraud special value-added tax invoices or other invoices that can be used to defraud export tax refunds or tax deductions in paragraph 2 of Article 210 shall be punished in accordance with Article 266 of this Law. Convicted and punished in accordance with Article 1.

Article 269: Anyone who commits the crime of theft, fraud or robbery, uses violence or threatens violence on the spot in order to hide stolen goods, resist arrest or destroy criminal evidence, shall be punished in accordance with Article 269 of this Law. Article 13 provides for conviction and punishment.

Anyone who organizes and uses sects, cult organizations, or uses superstition to rape women or defraud property in paragraph 3 of Article 300 shall be subject to Article 236 and Article 266 of this Law respectively. stipulates conviction and punishment.

Article 287 Anyone who uses computers to commit financial fraud, theft, embezzlement, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this law.

〔Relevant Decisions〕

The Standing Committee of the National People's Congress "Decision on Maintaining Internet Security" (2000.12.28) In order to protect the personal, legal and other rights of individuals, legal persons and other organizations, Property and other legal rights, if one of the following acts constitutes a crime, criminal liability will be pursued in accordance with the relevant provisions of the Criminal Law:

Using the Internet to commit theft, fraud, and extortion.

[Relevant Judicial Interpretation]

The Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" (Fafa [1996] No. 32, 1996.12.16)

In order to punish criminal fraud activities in accordance with the law, in accordance with the "Criminal Law of the People's Republic of China" (hereinafter referred to as the "Criminal Law") and the "Decision of the Standing Committee of the National People's Congress on Punishing Crimes that Disrupt Financial Order" ( (hereinafter referred to as the "Decision"), several specific issues in the trial of fraud cases are explained as follows:

1. According to Articles 151 and 152 of the "Criminal Law" According to the provisions of this article, defrauding public or private property in a relatively large amount shall constitute the crime of fraud.

If an individual defrauds public or private property of more than 2,000 yuan, it is classified as "large amount"; if an individual defrauds public or private property of more than 30,000 yuan, it is classified as "huge amount".

If an individual defrauds public or private property of more than 200,000 yuan, the amount of fraud is particularly huge. The extremely huge amount of fraud is an important factor in determining the "particularly serious circumstances" of a fraud crime, but it is not the only factor. If the amount of fraud is more than 100,000 yuan and one of the following circumstances occurs, it shall also be deemed as "particularly serious":

(1) The ringleader of the fraud group or the person involved in the fraud crime Serious principal offenders;

(2) Repeat offenders or those who commit crimes frequently and cause serious harm;

(3) Defrauding legal persons, other organizations or individuals of urgently needed production materials, seriously affecting production or causing other Serious losses;

(4) Fraud for disaster relief, emergency rescue, flood prevention, special care, relief, and medical care, causing serious consequences;

(5) Squandering the fraudulent property, resulting in serious consequences The fraudulent property cannot be returned;

(6) Use the fraudulent property to carry out illegal and criminal activities;

(7) Have been criminally punished for fraud;

(9) Having other serious circumstances.

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 from the fraud belong to the unit, and the amount is more than 50,000 to 100,000 yuan, they shall be punished in accordance with Article 100 of the Criminal Law. The criminal liability of the above-mentioned persons shall be investigated in accordance with the provisions of Article 51; if the amount is more than 200,000 to 300,000 yuan, the criminal liability of the above-mentioned persons shall be investigated in accordance with the provisions of Article 152 of the "Criminal Law".

For the crime of pornography fraud, the amount of the crime shall be determined based on the amount of the perpetrator’s participation in the pornography fraud, and shall be combined with the actor’s status, role and illegal income in the pornography crime. The amount and other circumstances shall be punished in accordance with the law.

If a fraud has already been committed, but the property is not obtained due to reasons beyond the will of the perpetrator, it is an attempted fraud. If the fraud is attempted and the circumstances are serious, he should also be convicted and punished in accordance with the law.

The higher people's courts of each province, autonomous region, and municipality directly under the Central Government may, based on the economic development status of the region and taking into account the social security situation, decide whether to pay the amount of "2,000 yuan to 4,000 yuan" or "30,000 yuan to 50,000 yuan". Within the range, the "large amount" and "huge amount" of individual fraud committed in the region, as well as the fraud committed by the unit, shall be investigated for criminal liability of the relevant personnel. With reference to the amounts specified in paragraph 4 of this article, Article 100 of the Criminal Law shall be determined to apply. The specific amounts specified in Article 51 or Article 152 shall be reported to the Supreme People's Court for record.

For those who have committed multiple frauds and returned the property from the previous fraud, when calculating the amount of fraud, the amount that has been returned before the crime should be deducted, and the amount that has not been actually returned should be determined and sentenced. The amount of multiple deceptions may be considered as an aggravating circumstance.

The perpetrator carries out criminal fraud activities, and the property and its interest seized or frozen after the incident. If the ownership is clear, it should be returned to the victim; if the ownership is unclear, it can be returned to the victim. The proportion of the victim's defrauded money and property to the total amount of the property seized or frozen and the interest thereon shall be returned to the victim; if it can be determined that the property seized or frozen and the interest thereon do not belong to the identified victim, but it cannot be If it is returned to the unidentified victim, it shall be turned over to the state treasury in accordance with the law.

If the perpetrator has used the fraudulent property to repay personal debts, payment for goods or other economic activities, if the other party knowingly takes the fraudulent property, it is a malicious acquisition and should be recovered; if it is indeed obtained in good faith, , no further recovery will be made.

The currency amount used in this explanation refers to the amount in RMB. If the trial of a specific case involves foreign currency, it shall be converted into RMB according to the foreign exchange rate announced by the State Administration of Foreign Exchange at the time the act occurred.

The “above” mentioned in this explanation includes this number.

This interpretation will take effect from the date of publication.

The Supreme People's Court and the Supreme People's Procuratorate's "Interpretation on the Specific Application of Laws in Handling Cases of Organizing and Utilizing Cult Organizations" (199.10.20 Legal Interpretation [1999] No. 18)

Article 6: Anyone who organizes and uses a cult organization to collect property from others by various deceptive means shall be convicted and punished for the crime of fraud in accordance with the provisions of Article 266 of the Criminal Law.

Article 8 Property illegally amassed by various means, tools, propaganda materials, etc. used in crimes by cult organizations and criminal elements who use cult organizations to undermine the enforcement of the law shall be recovered and confiscated in accordance with the law. .

The Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Cases Disturbing the Management Order of the Telecommunications Market" (2000.5.12 Fajie [2000] No. 12)

Ninth Anyone who uses a false or fraudulent identity document to access the Internet and uses a mobile phone, resulting in a relatively large loss of telecommunications charges, shall be convicted and punished for fraud in accordance with the provisions of Article 266 of the Criminal Law.

Article 10 The term "amount of conversation business" as mentioned in this interpretation refers to the total duration (number of minutes) of the perpetrator's illegal operation of international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan multiplied by the perpetrator's per minute The amount of revenue collected from user royalties.

The "amount of telecommunications tariff losses" referred to in this interpretation refers to the total duration (number of minutes) of the perpetrator's illegal operation of international legal telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan multiplied by the amount of legal telecommunications business in my country. The amount of international settlement price per minute that should be obtained.

[Explanation]

1. The crime of fraud has the following main characteristics:

(1) The object of the infringement is the ownership of public and private property, and the objects of the infringement are limited to National, collective or individual property, rather than defrauding other illegal benefits.

(2) In the objective aspect, it manifests itself as the use of deception, that is, the deception of fabricating facts or concealing the truth, causing the property owner and manager to create illusions and believe them to be true, so that they seem to "voluntarily" hand over the property. . In fact, this kind of "voluntariness" is caused by being deceived by criminals and does not come from the victim's true wishes.

(3) In the subjective aspect, it should be directly intentional and have the purpose of illegally possessing public and private property. The use of deceptive means with the intention of short-term possession of public and private property, returning it if you chase it, and delaying it if you don't chase it, generally should not be treated as a crime.

2. The judicial interpretation of the crime of fraud was made before the revision of the new "Criminal Law", but it was only three months earlier, so it is still basically the same and can be applied