Fill in invitation code fraud

Legal analysis: The object of the crime of fraud 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 crime of fraud only targets 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.

Legal basis: The Supreme People's Court and the Supreme People's Procuratorate's "Interpretations on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud" Article 1: Fraud of public or private property worth 3,000 yuan to more than 10,000 yuan, 30,000 yuan If the amount is more than 100,000 yuan or more than 500,000 yuan, it shall be deemed as "relatively large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.

The higher people's courts and people's procuratorates of each province, autonomous region, and municipality directly under the Central Government may, based on the economic and social development conditions of the region, jointly study and determine the specific amount standard for implementation in the region within the amount range specified in the preceding paragraph. Report to the Supreme People's Court and the Supreme People's Procuratorate for filing.

The Supreme People's Court and the Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" Article 2 If the amount of public or private property defrauded reaches the amount standard stipulated in Article 1 of this Interpretation, one of the following circumstances occurs: , may be severely punished in accordance with the provisions of Article 266 of the Criminal Law:

(1) By sending text messages, making phone calls, or using the Internet, radio and television, newspapers and magazines, etc. to publish false information, An unspecified majority of people commit fraud;

(2) Fraud for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical funds;

(3) Disaster relief Committing fraud in the name of raising donations;

(4) Defrauding the disabled, elderly or people who have lost the ability to work out of their property;

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

If the amount of fraud is close to the "huge amount" or "particularly huge amount" standards stipulated in Article 1 of this Interpretation, and falls under one of the circumstances specified in the preceding paragraph or is the leading member of a fraud group, it shall be determined separately. It is "other serious circumstances" and "other particularly serious circumstances" stipulated in Article 266 of the Criminal Law.