Will the victim of criminal fraud be sentenced if he does not pursue criminal responsibility?

The new Criminal Procedure Law, which was implemented in 20 13, introduced the criminal reconciliation system. If the criminal suspect and the victim reach a compensation agreement and obtain the understanding of the victim, the judicial organ may give a lighter, mitigated or exempted criminal punishment. Whether to pursue criminal responsibility after obtaining the victim's understanding depends on the specific case.

Legal basis:

1. According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (implemented on April 8, 20 1/year), the amount of fraudulent public and private property is more than 3,000 yuan to110,000 yuan, more than 30,000 yuan to110,000 yuan, and

Whoever defrauds public or private property to reach the above-mentioned amount standard in any of the following circumstances may be given a heavier punishment according to the provisions of Article 266 of the Criminal Law:

(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;

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

(three) fraud in the name of disaster relief fund-raising;

(four) 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 above-mentioned standards of "huge amount" and "especially huge amount", and it falls under one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be respectively recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law.

2. Article 266 of the Criminal Law: 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.

3. Article 49 of the Law on Public Security Administration Punishment: Those who steal, cheat, rob, rob, extort or intentionally damage public or private property shall be detained for more than 5 days 10 days, and may also be fined for less than 500 yuan; 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.