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Article 266 of the Criminal Law 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.

judicial explanation/interpretation

(1) 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 2011(implemented on April 8, 2000/1/), which explains several issues concerning the specific application of laws in handling criminal cases of fraud as follows:

Article 1 Whoever swindles public or private property in an amount of more than 3,000 yuan to 654.38+0,000 yuan, more than 30,000 yuan to 654.38+0,000 yuan, and 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law respectively.

The people's courts and people's procuratorates at the level of _ _ of provinces, autonomous regions and municipalities directly under the Central Government may, in light of the economic and social development of the region, jointly study and determine the specific amount standards to be implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.

Article 2 Whoever cheats public or private property to the amount specified in Article 1 of this Interpretation, under 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 standards of "huge amount" and "extremely huge amount" as stipulated in Article 1 of this Interpretation, and it falls into one of the circumstances as stipulated in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.

Article 3 Although swindling public or private property meets the standard of "large amount" as stipulated in Article 1 of this Interpretation, if the perpetrator pleads guilty or repents, he may not be prosecuted or be exempted from criminal punishment according to the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law:

Having a statutory lenient punishment;

(2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned;

(three) did not participate in the distribution of stolen goods or less stolen goods and not the principal;

(4) the victim understands;

(5) Other circumstances are minor and harmless.

Article 4 Whoever defrauds the property of a close relative and the close relative knows it may generally not be treated as a crime.

If it is really necessary to pursue criminal responsibility by defrauding the property of close relatives, the specific treatment should also be lenient as appropriate.

Article 5 Anyone who attempts to defraud, with a huge amount or other serious circumstances, shall be convicted and punished.

Using telecommunications technologies such as sending short messages, making phone calls, and the Internet to defraud an unspecified majority of people, and the amount of fraud is difficult to verify. However, under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted):

(1) Sending more than 5,000 pieces of fraudulent information;

(2) Making fraudulent phone calls for more than 500 times;

(3) The fraudulent means are bad and the harm is serious.

If the number of acts specified in the preceding paragraph reaches more than 10 times of the standards specified in items (1) and (2) of the preceding paragraph, or if the fraudulent means are particularly bad and the harm is particularly serious, it shall be deemed as "other particularly serious circumstances" as specified in Article 266 of the Criminal Law and convicted and punished for fraud (attempted).

Article 6 If the accomplished fraud and attempted fraud reach different sentencing ranges respectively, they shall be punished according to the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as fraud.

Article 7 Whoever knowingly provides credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, fee settlement and other assistance shall be punished as * * *.

Article 8 Whoever impersonates a functionary of a state organ to commit fraud and at the same time constitutes a crime of fraud shall be convicted and punished in accordance with the provisions of heavier punishment.

Article 9. If the ownership of the fraudulent property and its fruits that have been sealed up, detained or frozen after the crime is clear, it shall be returned to the victim; If the ownership is unclear, the victim may be returned according to the proportion of the defrauded money and goods to the total amount of property and fruits seized, detained or frozen in this case, but the compensation already returned shall be deducted.

Article 10 The actor has used the defrauded property to pay off debts or transfer it to others. In any of the following circumstances, it shall be recovered according to law:

(1) The other party collects it knowing that it is fraudulent property;

(2) The other party obtains fraudulent property for free;

(3) The other party obtains fraudulent property at a price significantly lower than the market price;

(4) The fraudulent property obtained by the other party originated from illegal debts or illegal and criminal activities.

If another person obtains fraudulent property in good faith, it will not be recovered.

Article 11 If the previously issued judicial interpretation is inconsistent with this interpretation, this interpretation shall prevail.

(2) According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases (1996 12.24), the person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds from fraud are owned by the unit. If the amount is more than 50,000 yuan to 654.38+10,000 yuan, the criminal responsibility of the above-mentioned personnel shall be investigated for fraud. If the amount is more than 200,000 yuan to 300,000 yuan, the criminal responsibility of the above-mentioned personnel shall be investigated for the crime of "huge amount" (although the provisions on the amount of crime in this interpretation are inconsistent with the opinions of the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud issued by the Supreme People's Court and the Supreme People's Procuratorate in March of 201/year that the relevant personnel shall be investigated for criminal responsibility for fraud.

(3) According to Article 9 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Cases Disrupting the Management Order of the Telecommunication Market, in May 2000 12, anyone who uses false or fraudulent identity documents to access the network or use a mobile phone, resulting in a large loss of telecommunication charges, shall be convicted and punished for fraud in accordance with the provisions of Article 266 of the Criminal Law.

(4) According to the second paragraph of Article 3 of the Interpretation of the People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Production and Sale of Military Vehicle Number Plates on April 10, 2002, anyone who uses forged, altered or stolen military vehicle number plates to defraud road maintenance fees, tolls and other expenses, if the amount is relatively large, shall be convicted and punished in accordance with the provisions of the crime of fraud.

(5) According to the Reply on How to Apply the Law to Deceive the Civil Judge of the Court to Possess Other People's Property by Forging Evidence issued by the Supreme People's Procuratorate Research Office on September 25th, 2002, the act of deceiving the Civil Judge of the Court to possess other people's property for the purpose of illegal possession mainly infringes on the normal trial activities of the people's court, which can be handled by the people's court in accordance with the relevant provisions of the Civil Procedure Law, and it is not appropriate to investigate the criminal responsibility of the perpetrator for fraud. If the actor forges the seal of a company, enterprise, institution or people's organization when forging evidence, which constitutes a crime, he shall be investigated for criminal responsibility for the crime of forging the seal of a company, enterprise, institution or people's organization in accordance with the provisions of the second paragraph of Article 280 of the Criminal Law; If the perpetrator instigates others to commit perjury, which constitutes a crime, he shall be investigated for criminal responsibility for the crime of obstructing testimony in accordance with the provisions of the first paragraph of Article 307 of the Criminal Law (although there are differences on the nature of litigation fraud and property infringement, most of them say that it constitutes fraud, so whether the answer is reasonable or not is worth studying-editor's explanation).

(VI) According to Article 7 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases that Hinder the Outbreak of Infectious Diseases, the Supreme People's Court and the Supreme People's Procuratorate, during the period of disaster prevention and control such as the outbreak of infectious diseases on May 14, 2003, were convicted of swindling large amounts of public and private property in the name of development, and producing and selling relief goods for preventing and controlling the outbreak of infectious diseases.

(7) According to the Supreme People's Court 20 10 year1October 20th.

Guiding opinions on fraud

201September 13 the Supreme People's Court's "Guiding Opinions on Sentencing of People's Courts (for Trial Implementation)", the sentencing guidance for fraud is as follows:

If the crime of fraud is constituted, the starting point of punishment can be determined within the corresponding range according to the following different situations:

(1) If the amount reaches a large starting point, it can be determined within the range of 3 months of criminal detention to 6 months of fixed-term imprisonment; Starting point of sentencing.

(2) If the amount reaches a huge starting point or there are other serious circumstances, the starting point of hanging can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years.

(3) If the amount reaches a particularly huge starting point or there are other particularly serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment 10 to 12 years. Except for those who should be sentenced to life imprisonment according to law.

On the basis of the starting point of the maximum punishment, the amount of punishment can be increased according to the amount of crimes that affect the composition of crimes such as fraud, and the benchmark punishment can be determined.