Among the more than 400 crimes stipulated in the criminal law, these specific crimes can actually be classified one by one, and the crime of financial fraud is one of them. Do you know the specific charges of financial fraud? How to identify the crime of financial fraud in practice? I will give you a detailed answer below.
First, how to identify the crime of financial fraud
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.
(1) The crime of financial fraud infringes on the social relations protected by the national criminal law, and it is the social relations infringed by this crime.
As far as the object of fraud is concerned, the object of fraud is public and private property. From this perspective, the object of financial fraud is the ownership relationship between public and private 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.
(2) 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.
(C) the subjective factors 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. The following are the two main components of this crime:
1. If fraud is committed in the form of fund-raising, loan, bill settlement, financial voucher settlement, letter of credit, credit card use, securities trading and payment, the criminal subject is the general subject, that is, natural persons and units with full criminal responsibility, including foreigners and stateless persons.
2. Those who cheat in the form of insurance claims are special subjects, 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 who intentionally provide false certificates shall also be punished as * * * *.
2. What are the charges of financial fraud?
(1) Crime of fund-raising fraud
The crime of fund-raising fraud refers to the act of illegally raising a large amount of funds for the purpose of illegal possession, which violates relevant financial laws and regulations, disrupts the normal financial order of the country and infringes on the ownership of public and private property.
(B) the crime of loan fraud
The crime of loan fraud refers to the act of making up false reasons such as introducing funds and projects, using false economic contracts, false documents, using false property rights certificates as guarantees, repeatedly guaranteeing beyond the value of collateral, or defrauding banks or other financial institutions of loans by other means.
(3) the crime of financial voucher fraud
The crime of financial voucher fraud refers to the use of forged or altered bank settlement vouchers, such as entrusted collection vouchers, remittance vouchers and bank deposit vouchers, for the purpose of illegal possession, to defraud other people's property in a large amount.
(4) the crime of letter of credit fraud
The crime of letter of credit fraud refers to the use of letters of credit to commit a large amount of fraud for the purpose of illegal possession.
(5) Crime of credit card fraud
The crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations.
(6) Crime of securities fraud
The crime of securities fraud refers to the use of forged or altered treasury bills or other securities issued by the state to engage in fraudulent activities, with a large amount.
(7) Crime of insurance fraud
The crime of insurance fraud refers to the act of defrauding an insurance company of a large amount of insurance money by fabricating the subject matter of insurance, insurance accident or insurance accident in violation of insurance laws and regulations for the purpose of illegally obtaining insurance money.