How to sentence China people for fraud in Cambodia?

1. If it constitutes a crime of fraud, it 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 it does not constitute a crime, it may be detained by the public security organ for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan.

What are the constitutive elements of fraud?

1, the object of infringement is the ownership of public and private property;

2. Objectively, it is characterized by using fraudulent methods to defraud a large number of public and private property;

3. The subject is a general subject;

4. Subjectively, it is intentional.

Cambodian telecom fraudsters are sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. According to the law, if the amount of fraud is relatively large, he 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.

What are the characteristics of telecom fraud?

1, criminal activities spread widely and developed rapidly. Criminals often take advantage of people's psychology of seeking advantages and avoiding disadvantages, and release false information to the masses by fabricating false telephone calls and text messages. In a very short time, the scope of publication is very wide, and the scope of infringement is very large, so the scope of loss is also very wide.

2. The means of information fraud are updated very quickly. At first, I just bought a "local cannon" with very little money to get short messages, and later it developed into any software and radio station that displayed numbers. On the internet, this has become a highly intelligent scam. From the perspective of fraud excuses, from the most primitive winning fraud and consumption information to kidnapping, extortion, telephone arrears, car tax refund and so on. Criminals can always come up with all kinds of tricks. Just like "guess who I am", some even directly send money fraud, and everyone may have received such fraud. Everyone thought it was strange at first. Can this kind of deception cheat money? You can really cheat money. Because many people in China are doing business and have rich contacts with each other, we agreed to give you a sum of money in business. I just received this news, so I made a sum of money. There are even various excuses such as posing as telecom personnel and public security personnel saying that you are involved in drug trafficking and money laundering. And said that the public security organs will investigate you like this. Deceptions are constantly being refurbished, and the frequency of renovation is high. Sometimes even a month or two will produce new tricks, which are hard to prevent.

3, gangs commit crimes and have strong anti-investigation ability. Criminal gangs generally adopt long-distance and non-contact fraud. The internal organization of criminal gangs is very strict. They adopt enterprise operation and have a fine division of labor. Some people are responsible for buying mobile phones, opening bank accounts, making phone calls and transferring money. The division of labor is very detailed, and the next process does not know the situation of the previous process. This has also brought great difficulties to the public security organs.

4. Transnational crime is more prominent. Some criminals publish false information in China to deceive overseas personnel, and some often publish short messages abroad to deceive domestic personnel. There are also collusion and chain crimes at home and abroad, which are very hidden and difficult to crack down on.

To sum up, Chinese citizens who commit crimes in other countries will only be sentenced to criminal punishment after being arrested and returned to China. Under normal circumstances, if the fraudster has obtained the forgiveness of the fraud victim and repaid his losses before the final sentencing by the procuratorate, the punishment can be mitigated at this time.

Legal basis:

Article 266 of the Criminal Law of People's Republic of China (PRC)

If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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.

Article 2 10

Whoever steals special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

The crime of fraud is to defraud special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes by deception, and shall be convicted and punished in accordance with the provisions of Article 266 of this Law.