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How is the amount involved determined?
The amount involved refers to the actual amount of crimes or violations committed by the parties to the case, which is determined by the nature of the crimes and violations committed by the parties. At the same time, the amount involved in criminal cases is one of the important basis for the conviction and sentencing of criminal suspects. If the amount of fraud reaches a large extent, it can be identified as fraud.
Specifically, it mainly refers to more than 3,000 yuan to 1000 yuan. From 30,000 yuan to 1 10,000 yuan, it should be considered as a huge amount, especially the amount of more than 500,000 yuan. Severely punish the following situations as appropriate: publishing false information through sending short messages, making phone calls or through the Internet, radio and television, newspapers and magazines. , fraud is not specific to most people; Defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials; Fraud in the name of disaster relief fund-raising; Defrauding the disabled, the elderly or the disabled of their property. Illegal income is not the amount involved. Disposing of criminal articles and all the property illegally obtained by criminals according to law shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.
First, the facts are unclear and the evidence is insufficient. Will the procuratorate prosecute?
Circumstances in which the procuratorate refuses to prosecute:
1, statutory non-prosecution.
According to the provisions of the Criminal Procedure Law, its applicable conditions are as follows: the circumstances are obviously minor, the harm is not great, and it is not considered a crime; The crime has passed the limitation period for prosecution; Exempt from punishment through Amnesty; Failing to tell or withdraw a crime that should be dealt with according to the criminal law; The criminal suspect or defendant dies; Other laws provide for exemption from criminal responsibility.
2. Do not prosecute as appropriate.
The second paragraph of Article 142 of the Criminal Procedure Law stipulates: "If the circumstances of the crime are minor and it is not necessary to sentence or exempt the punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute."
If you have doubt, don't sue.
The fourth paragraph of Article 140 of the Criminal Procedure Law stipulates: "If the people's procuratorate still thinks that the evidence is insufficient and does not meet the conditions for prosecution, it may make a decision not to prosecute."
Legal basis:
Criminal law of the people's Republic of China
Article 266 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 shall 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.
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