Joke Collection Website - News headlines - On January 18, 2023, the Supreme People's Court and the Supreme People's Procuratorate issued the "On Handling Criminal Cases of Intellectual Property Infringement"
On January 18, 2023, the Supreme People's Court and the Supreme People's Procuratorate issued the "On Handling Criminal Cases of Intellectual Property Infringement"
Legal Subjectivity:
Interpretation 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 (1512th Session of the Judicial Committee of the Supreme People's Court on February 21, 2011 Meeting, adopted at the 49th meeting of the 11th Procuratorial Committee of the Supreme People's Procuratorate on November 24, 2010) Law Interpretation [2011] No. 7 of the People's Republic of China and the Supreme People's Court of the People's Republic of China and the Supreme People's Procuratorate of the People's Republic of China Announcement "Interpretations 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" was issued at the 1512th meeting of the Judicial Committee of the Supreme People's Court on February 21, 2011 and by the Supreme People's Court on November 24, 2010. Adopted at the 49th meeting of the 11th Procuratorial Committee of the Procuratorate, it is hereby announced and will come into effect on April 8, 2011. On March 1, 2011, in order to punish criminal activities of fraud in accordance with the law and protect the ownership of public and private property, in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, and in combination with the needs of judicial practice, several issues concerning the specific application of laws in handling criminal cases of fraud are explained as follows: : Article 1 Anyone who defrauds public or private property worth 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, or more than 500,000 yuan shall be deemed as "a relatively large amount" as stipulated in Article 266 of the Criminal Law. "Large", "huge amount", "especially huge amount". The higher people's courts and people's procuratorates of each province, autonomous region, and municipality directly under the Central Government may, based on the economic and social development conditions of the region, jointly study and determine the specific amount standard for implementation in the region within the amount range specified in the preceding paragraph, and report it to the Supreme People's Court and the Supreme People's Court. Procuratorate filing. Article 2 Anyone who defrauds public or private property up to the amount standard stipulated in Article 1 of this Interpretation and falls under any of the following circumstances may be severely punished in accordance with the provisions of Article 266 of the Criminal Law: (1) By sending text messages or making phone calls Or use the Internet, radio and television, newspapers and magazines, etc. to publish false information to defraud an unspecified majority of people; (2) defrauding disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical funds; (3) using Committing fraud in the name of raising funds for disaster relief; (4) defrauding disabled people, the elderly, or people who have lost the ability to work out of their property; (5) causing the victim to commit suicide, become mentally disordered, or have other serious consequences. If the amount of fraud is close to the standards of "huge amount" or "particularly huge amount" stipulated in Article 1 of this Interpretation, and there is one of the circumstances specified in the preceding paragraph or if it is the leading member of a fraud group, it shall be deemed to be a fraud under Article 260 of the Criminal Law respectively. "Other serious circumstances" and "other particularly serious circumstances" stipulated in Article 6. Article 3 Although the defrauding of public or private property has reached the "relatively large amount" standard stipulated in Article 1 of this Interpretation, if one of the following circumstances occurs and the perpetrator pleads guilty and regrets his crime, he may be punished according to Article 37 of the Criminal Law and Criminal Procedure According to the provisions of Article 142 of the Law, no prosecution or criminal punishment is required: (1) Those who have statutory lenient punishment circumstances; (2) All the stolen goods and compensation are returned before the judgment of the first instance; (3) Those who did not participate in the division of the stolen goods or receive compensation The stolen goods are relatively small and he is not the principal culprit; (4) The victim is understanding; (5) Other circumstances are minor and the harm is not great. Article 4: Defrauding close relatives of their property will generally not be treated as a crime if the close relatives understand. It is indeed necessary to pursue criminal liability for defrauding close relatives of their property, and the specific handling should be lenient as appropriate. Article 5 Anyone who attempts fraud, targets a huge amount of property, or has other serious circumstances shall be convicted and punished. Using telecommunications technology means such as sending text messages, making phone calls, and the Internet to defraud an unspecified majority of people. The amount of the fraud is difficult to verify, but if one of the following circumstances occurs, it shall be deemed as "other serious circumstances" stipulated in Article 266 of the Criminal Law. ”, the person shall be convicted and punished for the crime of fraud (attempted): (1) Those who send more than 5,000 fraudulent messages; (2) Those who make more than 500 fraudulent calls; (3) Those whose fraud methods are egregious and cause serious harm.
Those who commit the acts specified in the preceding paragraph and the quantity reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or those whose fraud methods are particularly egregious and the harm is particularly serious, shall be deemed to have committed crimes as stipulated in Article 266 of the Criminal Law. "Other particularly serious circumstances" will result in conviction and punishment of fraud (attempted). Article 6 Fraud includes both completed and attempted fraud, and if they reach different sentencing ranges, they shall be punished in accordance with the heavier punishment provisions; if they reach the same sentencing range, they shall be punished as completed fraud. Article 7 Anyone who knowingly provides other people with credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, expense settlement, etc. to commit fraud crimes shall be punished with the same crime. Article 8 Whoever pretends to be a staff member of a state agency to commit fraud, which simultaneously constitutes the crime of fraud and "pretending to defraud," shall be convicted and punished in accordance with the provisions on heavier penalties. Article 9 The fraudulent property and its interest that have been seized, detained, and frozen after the incident, if the ownership is clear, shall be returned to the victim; if the ownership is unclear, the fraudulent property and property may be seized, detained, or frozen according to the proportion of the defrauded money and property. The proportion of the property and its interest in the case shall be returned to the victim, but any compensation that has been refunded shall be deducted. Article 10 If the perpetrator has used the fraudulent property to pay off debts or transferred it to another person, and under any of the following circumstances, it shall be recovered in accordance with the law: (1) The other party knowingly received the fraudulent property; (2) The other party obtained the fraudulent property for free. ; (3) The other party obtains the fraudulent property at a price that is significantly lower than the market price; (4) The other party obtains the fraudulent property due to illegal debts or illegal and criminal activities. If others obtain fraudulent property in good faith, they will not be recovered. Article 11 If any previously issued judicial interpretation is inconsistent with this interpretation, this interpretation shall prevail.
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