Texting while driving 13

Make it clear to the police and strive for a lighter punishment or exemption from punishment.

Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The object of the crime of fraud is not to defraud other illegal interests. Its goal should also exclude loans from financial institutions. Because this law specifically stipulates the crime of loan fraud in article 193.

It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers property losses.

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Article 266 of the Criminal Law stipulates that whoever defrauds a large amount of public or private property 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.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases 1. According to the provisions of Articles 151 and 152 of the Criminal Law, swindling a large amount of public or private property constitutes a crime of fraud. Individuals who defraud public or private property of more than 8,000 yuan belong to "a large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to "a huge amount".

2. Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud;

Article 1 Whoever swindles public or private property in an amount of more than 3,000 yuan, 30,000 yuan, 100,000 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 Higher People's Courts and People's Procuratorates of all 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 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 defrauds public or private property to the amount specified in Article 1 of this Interpretation may be given a heavier punishment as appropriate in accordance with the provisions of Article 266 of the Criminal Law under any of the following circumstances:

(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc. Fraud is not specific to most people.

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

(3) Fraud in the name of collecting donations for disaster relief.

(4) 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" stipulated in Article 1 of this Interpretation, and it belongs to one of the circumstances 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" 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, in any of the following circumstances, if the perpetrator pleads guilty and 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: (1)

Having the circumstances of lenient punishment according to law.

(two) before the judgment of first instance, all the stolen goods or restitution.

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

4 victim understanding.

(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 for the crime of defrauding the property of close relatives, the specific treatment should also be lenient as appropriate.

Article 5 If the amount of fraud is huge or there are other serious circumstances, it shall be convicted and punished.

Using telecommunications technologies such as sending short messages, making phone calls and the Internet to defraud an unspecified majority, 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) Make fraudulent phone calls for more than 500 times.

(3) The fraudulent means are bad and harmful.

If the number of acts specified in the preceding paragraph reaches more than ten times 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 stipulated in Article 266 of the Criminal Law, and shall be 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, expense settlement and other assistance shall be treated as a joint crime.

Article 8 Whoever impersonates a functionary of a state organ to commit fraud, which constitutes both fraud and fraud, shall be convicted and punished in accordance with the provisions of heavier punishment.

Article 9 If the ownership of fraudulent property and its fruits that have been sealed up, detained or frozen after committing a crime is clear, it shall be returned to the victim; If the ownership is unclear, it may be returned to the victim in proportion 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 Where an actor uses the defrauded property to pay off debts or transfer it to others, it shall be recovered according to law under any of the following circumstances:

(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) Fraud property obtained by the other party due to illegal debts or illegal and criminal activities.

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