I. Elements of overseas fraud
The crime of overseas fraud refers to the criminal suspect's use of telecommunications, Internet and other technical means to defraud China citizens abroad and illegally obtain other people's property. Its constitutive requirements mainly include: the act occurred abroad, was committed against China citizens, and used telecommunications, Internet and other technical means to illegally occupy other people's property.
Second, the determination of filing standards
When determining the criteria for filing overseas fraud, the following factors should be comprehensively considered:
1, fraud amount: fraud amount is an important indicator to measure the social harm of criminal behavior. Generally speaking, cases with a large amount of fraud are more likely to meet the filing standards.
2. Criminal means: Fraud committed by means of telecommunications, Internet and other technical means has the characteristics of concealment and cross-region, and the damage to the victims is often more serious. Therefore, such cases are often subject to more rigorous review when they are filed.
3. Circumstances of the crime: The subjective malignancy, criminal motivation, means of committing crimes and whether they belong to a gang are also important basis for determining the criteria for filing a case.
Three. Judicial practice and case analysis
In judicial practice, courts and procuratorates will comprehensively judge the filing standards of overseas fraud according to specific cases. For example, for major cases involving a large amount of money, many victims and many gangs, priority will generally be given to filing a case. At the same time, it will also combine relevant judicial interpretations and guidance to ensure the uniformity and accuracy of filing standards.
In addition, it is worth noting that China has signed judicial assistance agreements with many countries and regions, and cases involving overseas fraud can be prosecuted and cracked down through judicial assistance. This provides a powerful legal weapon for China to crack down on overseas fraud crimes.
To sum up:
The criteria for filing overseas fraud are mainly determined according to the provisions of China's criminal law and relevant judicial interpretations, taking into account the amount of fraud, criminal means, criminal circumstances and other factors. In judicial practice, courts and procuratorates will make comprehensive judgments according to specific cases to ensure the uniformity and accuracy of filing standards. At the same time, China also actively cooperates with many countries in judicial assistance to crack down on overseas fraud crimes.
Legal basis:
Criminal law of the people's Republic of China
Article 266 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 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.
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 stipulates:
Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.
Criminal Procedure Law of the People's Republic of China
Article 109 stipulates:
When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.