Sentencing standard of fraud in Anhui province

Provisions of the Higher People's Court of Anhui Province and the People's Procuratorate of Anhui Province on the determination standard of the amount of fraud: If the amount of public or private property is large, the starting point is 5,000 yuan. Those who defraud public or private property and reach the starting point of "a large amount" can determine the starting point of sentencing within the range of criminal detention of less than three months to fixed-term imprisonment of less than one year. On the basis of the starting point of sentencing, every increase of 1500 yuan can increase the prison term by one month. Fraud of public and private property is "huge", starting from 50 thousand yuan. The starting point for defrauding public or private property is "huge amount" or "other serious circumstances", and the starting point for sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years. Fraud of public and private property is "extremely huge", starting from 500,000 yuan. The starting point for defrauding public or private property is "huge amount" or "other serious circumstances", and the starting point for sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years.

If there are both accomplished and attempted fraud crimes, the benchmark punishment shall be determined according to the corresponding range of heavier punishment; If the sentencing range of the accomplished crime is the same as that of the attempted crime, the benchmark punishment shall be determined by the accomplished part, and the others can be used as the benchmark punishment for adjusting the sentencing circumstances. The benchmark punishment is determined by the accomplished part, and can be increased by less than 30% on the basis of the benchmark punishment according to the degree of implementation of the attempted part, the size of the damage caused and the reasons for the attempted crime. If the benchmark punishment is determined by the attempted part, the benchmark punishment may be increased by less than 40% according to the damage caused by the completed part of the crime, but the sentencing range may not be increased according to the circumstances that benefit from sentencing.

1. Under what circumstances should fraud be severely punished?

1, publishing false information through text messages, phone calls, or through the Internet, radio and television, newspapers and magazines. , fraud is not specific to most people;

2, defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials;

3. Fraud in the name of disaster relief fundraising;

4. defrauding the disabled, the elderly or the disabled;

5. Causing the victim to commit suicide, mental disorder or other serious consequences.

Second, the constitutive elements of fraud

1, object elements: the object of this crime is the ownership of public and private property;

2. Objective elements: this crime is objectively manifested in the use of fraud to defraud a large number of public and private property;

3. Subject elements: the subject of this crime is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime;

4. Subjective elements: Subjectively, this crime is direct and intentional, with the purpose of illegally occupying public and private property.

Legal basis:

Criminal law of the people's Republic of China

Article 266 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 shall 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.