Article 48 of the Criminal Procedure Law stipulates that all materials that can be used to prove the facts of a case are evidence.
Evidence includes:
(1) Physical evidence;
(2) Documentary evidence;
(3) Testimony of witnesses;
(4) the victim's statement;
(5) confessions and excuses of criminal suspects and defendants;
(6) Appraisal opinions;
(7) Records of the inquest, inspection, appraisal, investigation and experiment;
(8) Audio-visual materials and electronic data.
The evidence must be verified before it can be used as the basis for finalizing the case.
Article 266 of the Criminal Law 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.
The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (implemented on April 8, 201/) stipulates that if the amount of public or private property is more than 3,000 yuan and more than 10,000 yuan, more than 30,000 yuan and more than 100,000 yuan and more than 500,000 yuan, it shall be deemed as "a large amount" and "a huge amount".
Extended data:
According to Article 266 of the Criminal Law of People's Republic of China (PRC), the crime of fraud refers to the act of fabricating facts or concealing the truth for the purpose of illegal possession, and defrauding a large amount of public or private property. The object of the crime of fraud is not to defraud other illegal interests. Its goal should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in article 193.
It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers property losses.
penal provision
1. Whoever commits this crime 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; ?
2. 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;
3. 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.
judicial explanation/interpretation
According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (implemented on April 8, 201/), if the amount of public and private property is more than 3,000 yuan and less than 10,000 yuan, more than 30,000 yuan and more than 100,000 yuan, and more than 500,000 yuan, it should be considered as "a large amount" and "a huge amount".
Whoever defrauds public or private property to reach the above-mentioned amount standard in any of the following circumstances may be given a heavier punishment according to the provisions of Article 266 of the Criminal Law:
(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;
(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;
(three) fraud in the name of disaster relief fund-raising;
(four) defrauding the disabled, the elderly or the disabled;
(5) Causing the victim to commit suicide, mental disorder or other serious consequences.
If the amount of fraud is close to the above-mentioned standards of "huge amount" and "especially huge amount", and it belongs to one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.
Determination of crime
The boundary with lending behavior
If the borrower is in arrears for a long time for some reason, or fabricates a lie or conceals the truth to defraud money and materials, it can't be repaid at maturity, as long as there is no purpose of illegal possession, no profligacy or deception, and it really means repayment; There are also some people who forge repayment vouchers and lie that they have repaid their debts after they have owed them. This is still a loan dispute and does not constitute fraud.
And the boundaries of avoiding liabilities due to losses.
If it is indeed a fund-raising enterprise, but because of poor management, loss of debt, going out to avoid debt, or property debt disputes. This is essentially different from fraudsters who abscond with money for the purpose of illegal possession in the name of raising funds to run enterprises.
References:
China Court Network: People's Republic of China (PRC) Criminal Procedure Law.