20 19 sentencing standards for accomplices in fraud

What is the sentencing standard for accomplices of fraud? * * * If the crime of fraud is punished, the amount of the crime shall be determined by the amount of the actor's participation in the crime of fraud, and shall be punished according to law in combination with the status and role of the actor in the crime of fraud and the circumstances of illegally obtaining the amount. Specific punishment standards can also be divided into two aspects: attempted fraud and accomplished fraud.

A, * * * sentencing standards for the crime of fraud

For the crime of * * * with the nature of fraud, the amount of the crime should be determined by the amount of the actor's participation in the crime of * * * with the nature of fraud, and the punishment should be given according to the status, role and illegal income of the actor.

(a) the sentencing standards for fraud (attempted):

Fraud has been started, but the property cannot be obtained due to reasons other than the will of the actor, which is an attempted fraud. Attempted fraud, if the circumstances are serious, should also be convicted and punished according to law.

(II) Criminal Law Amendment (VII) New sentencing standards for fraud:

Whoever organizes minors to engage in theft, fraud, robbery, extortion and other activities that violate the administration of public security shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Second, the amount of fraud sentencing standards

When calculating the amount of fraud, the amount returned before the crime should be deducted and determined according to the actual amount not returned. When sentencing, the amount defrauded many times can be considered as aggravating circumstances.

If the perpetrator commits fraud, the property seized or frozen after the crime and the fruits thereof shall be returned to the victim if the ownership is clear; If the ownership is unclear, it can be returned to the victim according to the proportion of the money and goods defrauded by the victim to the seized or frozen property and all its interests; If it can be determined that the seized or frozen property and its interest do not belong to the identified victim, but it cannot be returned to the unidentified victim, it shall be turned over to the state treasury according to law.

If the perpetrator has used the fraudulent property to repay personal debts, pay for goods or other economic activities, and the other party knows that it is fraudulent property, it is obtained in bad faith and should be recovered; If it is obtained in good faith, it will not be taken back.

The Supreme People's Court Research Office's telephone reply on how to determine the amount of fraud in Shen fraud case: That is, when determining the amount of fraud, the amount of fraud recovered before the crime should be deducted and calculated according to the final actual amount of fraud. However, in punishment, this situation should be considered as an aggravating circumstance.

Three, the crime of fraud sentencing standard probation application restrictions:

In any of the following circumstances, probation shall not apply:

(1) Failing to return or refund stolen goods;

(two) did not take the initiative to accept the property punishment;

(3) Under any of the circumstances specified in Article 131.

Knowledge expansion of unit fraud;

Sentencing standard of unit committing fraud

The directly responsible person in charge and other directly responsible personnel of the unit commit fraud in the name of the unit, and the proceeds of fraud shall be owned by the unit. If the amount is more than 50,000 yuan and 654.38+10,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; If the amount is more than 200,000 yuan but less than 300,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and his property may also be confiscated.

* * * Elements of the same crime.

The * * * identical elements of a criminal constitution refer to the elements that all criminal constitutions must have, so it is also called the essential elements of a criminal constitution. Although every specific constituent element of a crime has its particularity, if all the specific constituent elements of a crime are summarized, sorted out and abstracted, any constituent element of a crime includes four elements (there are considerable differences on the same criminal element in criminal law theory:

(1) says that the constituent elements of the same crime are divided into behavioral elements and state elements;

(2) The theory of three elements (old version) holds that the same elements of a crime are subject, harmful behavior and object;

(3) The theory of four elements holds that the same elements of a crime should be the object, objective aspect, subject and subjective aspect of the crime.

(4) New theory: the theory of three elements. It is considered that the same elements of crime are objective elements, subject elements and subjective elements.