How to convict a fraud trustee?

The conviction of fraudulent entrustment is as follows:

1. Whether the entrusted matters are possible and feasible;

2, whether the actor has implemented the specific behavior of looking for a relationship and asking for help;

3. The ownership of the property, where the property handed over by the victim finally went, and whether it was obtained by criminals.

Cases of swindling public and private property are as follows:

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.

The conditions for determining the crime of theft are as follows:

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

2. The objective requirements objectively show that the perpetrator has a large amount of theft of public and private property, or has repeatedly stolen, burglary, theft with a weapon, and pickpocketing;

3, the main elements, the subject is a general subject, reaching the age of criminal responsibility (16 years old) and having criminal responsibility ability;

4. Subjective elements, subjectively manifested as direct intention, have the purpose of illegal possession.

Although the theft of public or private property has reached the starting point of "a large amount", the circumstances are as follows:

1, minors over 16 but under 18 commit crimes;

2. All stolen goods shall be returned and refunded;

3. Take the initiative to surrender;

4, coerced to participate in theft activities, not stolen or less stolen;

5. Other circumstances are minor and not serious.

To sum up, according to the specific circumstances of fraud, if the amount 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.

Legal basis:

Forty-ninth "People's Republic of China (PRC) Public Security Administration Punishment Law"

Theft, fraud, looting, looting, extortion or intentional damage to public or private property shall be detained for more than 5 days 10 days, and a fine of less than 500 yuan may be imposed; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.

Article 264 of the Criminal Law of People's Republic of China (PRC)

Theft: Whoever steals public or private property in a relatively large amount, or commits theft, burglary, theft with a weapon or pickpocketing for many times, 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.

Article 266

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 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases.

Although the theft of public or private property has reached the starting point of "a large amount", if the circumstances are minor and there are any of the following circumstances, it may not be treated as a crime:

1, minors over 16 but under 18 commit crimes;

2. All stolen goods shall be returned and refunded;

3. Take the initiative to surrender;

4, coerced to participate in theft activities, not stolen or less stolen;

5. Other circumstances are minor and not serious.