Attempted fraud crimes shall be handled by the public security organs in accordance with the "Public Security Administration Punishment Law". The perpetrator shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan; if the circumstances are more serious, the perpetrator shall be fined not less than five hundred yuan but not more than ten days. Detention for not less than 15 days but not more than 15 days, and a fine of not more than 1,000 yuan may be imposed.

1. What are the conditions for the crime of fraud

1. Object requirements. The object of this crime is the ownership of public and private property. Although some criminal activities also use certain deceptive methods and even pursue certain illegal economic interests, the objects they infringe are not or are not limited to public and private property ownership. Therefore, it does not constitute a crime of fraud. For example: abducting and trafficking women and children is a crime of infringement of personal rights. The object of the crime of fraud is limited to national, collective or individual property, rather than defrauding other illegal benefits. Its objects should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in Article 193.

2. Objective requirements. This crime is objectively manifested as using fraudulent methods to defraud large amounts of public and private property.

3. Main elements. The subject of this crime is a general subject. Any natural person who has reached the legal age of criminal responsibility and has the ability to commit criminal responsibility can commit this crime.

4. Subjective requirements. The subjective aspect of this crime is direct intentionality and the purpose of illegally possessing public and private property.

2. How to identify attempted fraud

1. The boundary between the crime of fraud and lending activities.

2. The boundary between the crime of fraud and the act of defaulting on payment for goods purchased on behalf of others.

3. The boundary between the crime of fraud and the avoidance of debts due to losses in capital-raising enterprises

3. The manifestations of attempted fraud:

1. The legal result of the crime did not occur. .

2. The criminal act has not been completed.

3. The legal dangerous state is not met.

Legal basis:

"Public Security Management Punishment Law"

Article 49

Theft, fraud, robbery, snatching, Anyone who extorts money or intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan; if the circumstances are more serious, he shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than one thousand yuan. .

"Criminal Procedure Law"

Article 177

The criminal suspect has no criminal facts, or has the following conditions as prescribed in Article 16 of this Law In one of the circumstances, the People's Procuratorate shall make a decision not to prosecute.

If the crime is minor and does not require a penalty or exemption from penalty in accordance with the criminal law, the People's Procuratorate may decide not to prosecute.

In cases where the People’s Procuratorate decides not to prosecute, the property sealed, seized, and frozen during the investigation shall be unsealed, seized, and frozen at the same time. If a person who is not prosecuted needs to be given administrative penalties or sanctions or his illegal income needs to be confiscated, the People's Procuratorate shall issue a procuratorial opinion and transfer it to the relevant competent authority for handling. The relevant competent authorities shall promptly notify the People's Procuratorate of the handling results.