How to measure the sentence after being arrested for telecom fraud?

After the arrest of telecom fraud, the sentence is mainly: 1. The starting point and benchmark punishment of fixed-term imprisonment of not more than three years, criminal detention, public surveillance, and a single fine: if the starting point of swindling public or private property reaches 3,000 yuan, the starting point of sentencing will be determined within the range of fixed-term imprisonment of not less than three months to not more than one year. On the basis of the starting point of sentencing, the amount of fraud will be increased by one month to three months for every 3,000 yuan, thus determining the benchmark punishment. 2. Sentencing starting point and benchmark punishment for statutory fixed-term imprisonment of more than three years and less than ten years: If the amount of crime reaches the starting point of "huge amount" of 30,000 yuan, the sentencing starting point shall be determined within the range of fixed-term imprisonment of more than three years and less than four years. If the amount of defrauding public or private property is more than 24,000 yuan but less than 30,000 yuan, it shall be considered as "other serious circumstances" under any of the following circumstances, and the starting point of sentencing shall be determined within the range of fixed-term imprisonment of more than three years and less than four years: by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, defrauding an unspecified majority; Defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials; Fraud in the name of disaster relief fund-raising; Defrauding the disabled, the elderly or the disabled of their property; Causing the victim to commit suicide, mental disorder or other serious consequences; Belongs to the leader of a fraud group. On the basis of the starting point of sentencing, the amount of punishment can be increased according to the amount of fraud and other criminal facts, and the benchmark punishment can be determined. If there is one of the circumstances of punishment, the corresponding punishment may be increased: for every 10,000 yuan increase in the amount of fraud, the sentence will be increased by one month to two months, and for other serious circumstances, the sentence will be increased by six months to two years. 3./kloc-sentencing starting point and benchmark punishment of statutory punishment within the range of fixed-term imprisonment of more than 0/0 years: if the crime amount reaches 500,000 yuan, the sentencing starting point can be determined within the range of fixed-term imprisonment of 10 to 12 years. Except for those who should be sentenced to life imprisonment according to law. If the amount of defrauding public or private property is more than 400,000 yuan but less than 500,000 yuan, one of the following circumstances shall be deemed as "other particularly serious circumstances". Except for those who should be sentenced to life imprisonment according to law, the starting point of sentencing should be determined within the range of fixed-term imprisonment of 10 years or more 12 years or less: most people are cheated by sending short messages, making phone calls or publishing false information through the internet, radio and television, newspapers and magazines; Defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials; Fraud in the name of disaster relief fund-raising; Defrauding the disabled, the elderly or the disabled of their property; Causing the victim to commit suicide, mental disorder or other serious consequences; Belongs to the leader of a fraud group. On the basis of the starting point of sentencing, the amount of punishment can be increased according to the amount of fraud and other criminal facts, and the benchmark punishment can be determined. In case of any penalty, the corresponding penalty may be increased: (1) For every 50,000 yuan increase in the amount of crime, the sentence will be increased by one month to two months; (2) If there are circumstances that can be identified as "other particularly serious circumstances", the sentence will be increased by six months to two years for each additional circumstance. 4. Under any of the following circumstances, a heavier punishment may be imposed, but if there are two or more circumstances at the same time, the accumulated amount shall not exceed100% of the basic punishment: (1) Fraud of public or private property, and if there is one of the following circumstances, it shall be increased by less than 30% on the basis of the basic punishment (except that the basic crime has been determined to constitute a fact or the amount of punishment is increased): by sending text messages, making phone calls or Fraud in the name of disaster relief fund-raising; Defrauding the disabled, the elderly or the disabled of their property; Causing the victim to commit suicide, mental disorder or other serious consequences; Belongs to the leader of a fraud group. In the above six cases, the benchmark penalty is increased within 10% in each case; (2) Repeated fraud will increase the benchmark punishment by less than 30%; (3) Whoever commits fraud by taking drugs, gambling or using feudal superstition, cult organizations and other illegal and criminal activities shall be given a heavier punishment of less than 20% of the benchmark punishment; (four) other circumstances that can be severely punished. 5. In any of the following circumstances, the punishment may be lenient, but in the case of two or more circumstances at the same time, the cumulative punishment shall not exceed 100%( 1) of the benchmark punishment. If stolen goods are automatically returned to the victim before committing a crime, the benchmark punishment can be reduced by less than 30%; (2) Cheating due to the urgent need of life, study and treatment can reduce the benchmark punishment by less than 20%; (3) Whoever swindles the property of a close relative, who knows it, can generally not be treated as a crime; If criminal responsibility really needs to be investigated, the benchmark punishment will be reduced by 20%-50%; (4) Other circumstances that can be given a lighter punishment. 6. If the part of fraud crime is completed and attempted, and the benchmark punishment is determined by the completed part, it 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 can be increased by less than 40% according to the damage caused by the completed part of the crime. 7. Problems to be explained (1) If the attempted fraud is aimed at a huge amount of property, or there are other serious circumstances, it shall be convicted and punished. The starting point of sentencing and the benchmark penalty shall be determined according to the specific circumstances of the case with reference to the provisions of Article 65438th +0, 2 and 3. (2) There are both accomplished and attempted fraud crimes, and the sentencing range corresponding to the accomplished part is relatively heavy, or the sentencing range corresponding to the accomplished part and the attempted part is the same, then the accomplished part is used to determine the benchmark punishment, and the attempted part is used as the benchmark punishment for adjusting the sentencing circumstances; If the sentencing range corresponding to the attempted part is relatively heavy, the benchmark punishment shall be determined by the attempted part, and the benchmark punishment shall be adjusted by the accomplished part as the sentencing circumstances. (3) Whoever defrauds public or private property, although it meets the standard of "relatively large amount", is under any of the following circumstances, and the actor pleads guilty and repents, and may be exempted from criminal punishment according to the provisions of Articles 37 and 173: those with statutory lenient punishment circumstances; Refund the stolen money or compensation before the judgment of the first instance; Not participating in the distribution of stolen goods or getting less stolen goods is not the principal offender; The victim understands; Other circumstances are minor and not serious. When punishing criminals who commit fraud, we should fully consider their criminal forms, whether they are attempted, suspended or accomplished, and at the same time, we should combine specific fraud means and fraud amount to punish them. If there are statutory circumstances of lighter or mitigated punishment, they should also be considered when sentencing. To sum up, if criminals are identified as telecom fraud crimes by the procuratorate, they will be told to arrest and wait for the final judgment. The judge will judge whether their behavior is very serious according to the supporting materials submitted by the procuratorate and need to be severely punished. If it is only minor or does not cause too much property loss to society and others, it will basically only be sentenced to about three years.

Legal objectivity:

Article 266 of the Criminal Law stipulates that 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.