The crime of fraud refers to the behavior of the suspect to take the property in illegal form! In the criminal law of our country, how much can fraud be filed? What is the amount of fraud? Besides, what is the standard for the punishment of crimes of fraud in our criminal law? Under the law express, we will give you some information about the standard of sentencing. I hope you can help me.

The standard for the amount of the crime of fraud in 2017

1, the supreme people's court, the supreme people's procuratorate on handle criminal cases of fraud "the explanation of the concrete application of law regulation: fraud public or private property worth three thousand yuan to ten thousand yuan of above, more than thirty thousand yuan to one hundred thousand yuan, thirty thousand yuan of above, shall be separately identified as" relatively large "prescribed in article two hundred and sixty-six of the criminal law," huge "and" amount is especially huge ".

2, / contract fraud (article two hundred and twenty-four of the criminal law) for the purpose of illegal possession, in the process of signing, to perform the contract, diddle property, the other party the amount is in twenty thousand yuan of above, should be put on record.

3. Shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a single fine

(1) if the fraud is less than 4,000 yuan, the base punishment shall be a fine; If the standard punishment is less than 5,000 yuan, the standard punishment shall be the control penalty. For $5,000, the benchmark shall be a three-month term of detention, with an increase of 1 670 yuan and a month's imprisonment. For 10,000 yuan, the base sentence is six months in prison, each additional 1,000 yuan, and the term of the sentence is increased by one month.

(2) if one of the circumstances specified in article 126 is to be sentenced to fixed-term imprisonment, he shall be sentenced to fixed-term imprisonment; If the law is to be controlled or fined, it shall be upgraded to criminal detention;

(3) to swindle 3,000 yuan and be a recidivist, the base sentence shall be six months in prison, and each additional 1,230 yuan shall be increased by one month.

If a person is sentenced to fixed-term imprisonment of not less than 10 years, he shall be sentenced to fixed-term imprisonment of not less than three years.

If a person commits a crime of 200, 000 yuan, the benchmark shall be sentenced to 10 years in prison, and each additional 4,000 yuan shall be increased by one month.

In the following circumstances, the weight shall be 10% :

(1) the ringleader of the fraud group or the serious offender in the crime of joint fraud;

(2) the habitual offender or the person who commits a crime is serious;

(3) fraudulent legal persons, other organizations or individuals that are in urgent need of production data, which seriously affect production or other serious losses;

(4) swindling disaster relief, emergency rescue, flood prevention, preferential treatment, relief, medical treatment and other items, causing serious consequences;

(5) if the property of the fraud is to be squandered, the property of the fraud cannot be returned;

(6) using the property of fraud to engage in illegal criminal activities;

(7) causing death, mental disorder or other serious consequences of the victim;

(8) a defendant who has been convicted of a crime or has been sentenced to administrative punishment for fraud;

(9) fraud of more than 10 times.

How much money to defraud will be investigated for criminal responsibility

General fraud

General crime of fraud and theft, the same economic fraud such as fund-raising fraud, loan fraud, swindle see the supreme people's procuratorate, ministry of public security about the regulation of economic crimes prosecution criterion ".

swindle

Article 266 of the criminal law, which provides for the fraud of public or private property, which is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the amount is large or other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is particularly large or if there are other special 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 otherwise provided for in this law, the provisions shall prevail.

According to the supreme people's court on the concrete application of law of fraud cases the interpretation of a public or private property, fraud worth more than three thousand yuan to ten thousand yuan, more than thirty thousand yuan to one hundred thousand yuan, thirty thousand yuan of above, shall be separately identified as "relatively large" prescribed in article two hundred and sixty-six of the criminal law, "huge" and "amount is especially huge".

The identification of fraud

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

Borrowers, for some reason, defaulted over a long period of time, or lies, or conceal the truth and to defraud money and maturity cannot repay, as long as the purpose of illegal possession, also does not have squandered, not bad, no longer cheat cheating, really intend to pay, lending is still in dispute, does not constitute a crime of fraud.

2. The boundary between the crime of fraud and the delinquent payment of shopping.

For in the name of the shortage of generations to buy goods, take payment for goods, not to buy things, and arbitrarily use payment, default payment behavior, should focuses on the relationship of its real purpose, the two sides, the cause of the things, do STH for sb the person of the specific behavior, the default plot, consequences and so on, so as to correctly judge whether the intention of illegal possession. If you can clearly think of a substitute for shopping, you can't buy the misappropriation, and you can't use the crime of fraud. If in the name of daigou, the practice of swindling, swindling a large amount of property, the profligacy, the unintentional return, also the inability to return, should be in the crime of fraud.

3. The crime of fraud and the limit of the fund management for the loss of debt.

If it is true that it is a business enterprise, it is still a property debt dispute due to poor management, loss of liabilities, and going out to avoid debt. In the name of the swindler in the name of raising money to run a business, it is essential to make a difference in the purpose of realizing its illegal possession.

To sum up, the principal of fraud can be a unit or a person, and the crime of fraud is determined according to the amount of different amounts of fraud!