How to report contract fraud?

"Contract" is very common in our life.

Especially in economic activities.

Concluding a contract has become a habit.

Cases of swindling money by signing contracts are also common.

Do you know how to deal with "contract fraud"

How to report a case to the public security organ?

Today, I will show you about "contract fraud"!

The concept and legal provisions of the crime of contract fraud refer to the act of defrauding the other party's property by fabricating facts and concealing the truth in the process of signing and performing a contract for the purpose of illegal possession. Or one party to the contract deliberately conceals the real situation, or deliberately tells the other party false information to induce the other party to make a wrong expression of intention, so as to sign or perform the contract with it.

Article 224 of the Criminal Law The crime of contract fraud, in the process of signing and performing a contract, is under any of the following circumstances. If the amount involved is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, 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:

(1) Signing a contract in the name of a fictitious unit or others;

(2) Using forged, altered or invalid bills or other false certificates of property rights as collateral;

(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;

(4) After receiving the payment for goods, advance payment or secured property paid by the other party;

(5) defrauding the other party's property by other means.

The difference between contract fraud and fraud: contract fraud is a criminal act that occurs in social and economic activities, and contracts are also contracts involving economic and trade activities. For example, ordinary loan contracts do not belong to the category of contract fraud. The jurisdiction of ordinary fraud belongs to the criminal investigation department, not to the economic crime investigation department. The case-handling personnel need to report the case to the police station and the criminal police brigade of the sub-bureau according to the crime amount.

Go to the public security organ to report the case.

First of all, we must find out

The standard of filing and prosecuting the crime of contract fraud

1 filing and prosecution standards

According to the relevant provisions of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Prosecution Standards of Economic Crime Cases, in the process of signing and performing a contract, anyone who defrauds the other party's property for the purpose of illegal possession shall be prosecuted under any of the following circumstances:

(1) individuals defraud public or private property, and the amount is more than 5,000 yuan to 20,000 yuan;

(2) The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, with the amount ranging from 50,000 yuan to 200,000 yuan.

Definition of circumstances, amounts and consequences

Guangdong Higher People's Court "Summary of Symposium on Handling Crimes of Disrupting the Order of Socialist Market Economy" Guangdong Gaofa [2014] No.30.

1 1, the amount standard of individual contract fraud. The first category, the amount is less than 300,000 yuan, the amount between 300,000 yuan and 6.5438+0.5 million yuan is huge, and the amount above 6.5438+0.5 million yuan is particularly huge.

12, on the amount standard of contract fraud committed by the unit. The standard of unit committing contract fraud is five times that of individual crime.

according to

1, the Supreme People's Procuratorate and the Ministry of Public Security, Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Prosecution Standards of Criminal Cases under the Jurisdiction of Public Security Organs (II) (Gong Tong Zi No.201023)

2. Summary of Symposium on Handling Crimes of Disrupting the Order of Socialist Market Economy by Guangdong Higher People's Court [2014] No.30.

2 How to correctly distinguish crime from non-crime

The crime of contract fraud is often intertwined with contract disputes, and the boundary between crime and non-crime is easily confused. To draw a clear line between them, there are three situations:

1. A contract with real content refers to a contract signed by the actor on the premise of actual performance ability. The signing of this kind of contract shows that the actor has the real intention of economic exchanges when signing the contract, and does not aim at defrauding others of money. According to the spirit of relevant judicial interpretation, even if the contract is not fully performed after signing, it is not a fraud crime. However, some actors sign contracts with others with limited performance ability, which greatly exceeds their performance ability. This is another matter. After signing a contract beyond its performance ability, the actor actively implements the supply of goods and strives to fulfill the contract. Even if he doesn't fully perform the contract in the end, it can't be considered as fraud. However, if the actor fails to perform the contract after signing the contract, there is an attempt to defraud others' property intentionally, and at this time it should be punished as contract fraud.

2. Half-truth and half-falsehood contract. It is the kind of contract that the actor signed with a third party only for the purpose of fulfilling the contract, and its content is half true and half false. This kind of contract objectively has the possibility of partial performance, but it is subject to many conditions. If the actor has the intention to perform the contract, objectively makes positive efforts to perform the contract, and finally fails to perform the contract for various objective reasons, it cannot be considered as fraud. On the contrary, if the actor commits fraud in the name of partial performance ability and fails to make efforts for the further performance of the contract, it should be punished as contract fraud.

3. The content of the contract is completely false, that is, the actor is completely incapable of performing the contract. Subjectively, the actor is not ready to perform the contract, and the motive of possessing other people's property is obvious, so he should be punished as contract fraud. However, the actor subjectively has no intention of occupying other people's property for a long time, but only wants to borrow it temporarily and return it to the other party after the income is obtained in the future. Generally, it should not be punished as contract fraud.

Economic investigation case

Hu Moumou signed a "Cooperation Agreement" with the polar lane company he controlled, stipulating that the polar lane company would purchase cars from overseas and pledge the vehicle registration certificate to the company. The car purchase price will be paid in full by the company and transferred to the account designated by Hu Moumou. After the vehicle is sold, the company will pay in advance, and the remaining profits will be shared equally by both parties. In the early stage, the two parties cooperated in a transaction of about 50 million yuan, and the company was able to recover the advance payment normally and share the profit of more than 800,000 yuan.

Hu Moumou began to gamble on the "time lottery" through mobile phone software. By 2065438+June 2007, he had lost100000 yuan. In order to satisfy the ever-expanding gambling desire and expect to return to the original quickly, Hu Moumou began to gamble by selling cars. 2065438+Since June 2007, Hu has defrauded some pledged vehicle registration certificates from Riyue Company on the grounds of filing, moving and transferring. Some vehicles will be sold for cash at a price significantly lower than the purchase price, and a total of about 3,465,438 yuan will be used for gambling. On February 9, 20 18, the city procuratorate approved the arrest of the suspect Hu Moumou for contract fraud.

Materials needed to report contract fraud

Written materials of 1. event;

2. The identity certificate of the informant (letter of proof and power of attorney issued by the entrusted law firm);

3. Declare the company's industrial and commercial registration information (shareholder information, business license, etc.). );

4. Basic information of the defendant/company;

5. Original/copy of the signed contract;

6. Written proof of bank transfer flow;

7. Written evidence of communication between the two parties through SMS, WeChat and email;

8. Bidding documents, letters of guarantee, bank certificates of deposit, bills of lading, warehouse receipts and other written documents related to transactions;

9 written materials of pleadings and judgments involving civil litigation.

Liars are everywhere!

Various means, often refurbished!

If you don't be vigilant, you may be cheated!

So always keep a clear head!

Find out the "identity" of the other party before signing the contract!

Don't leave out important contract terms!

Ask a professional if you don't understand!