What is the sentencing standard for online fraud in 2022?

1. What is the sentencing standard for online fraud? 1. Article 266 of the Criminal Law of People's Republic of China (PRC): "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. " 2. The current Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases supplements the sentencing standard of fraud: individuals who defraud public or private property of more than 2,000 yuan are considered as "a large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount". Individuals who defraud public or private property of more than 200,000 yuan belong to fraud "the amount is extremely huge". Two. Judicial Interpretation "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" stipulates that those who defraud public or private property in an amount of more than 3,000 yuan, more than 30,000 yuan, more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law. Whoever reaches the above amount and has the following circumstances shall be given a heavier punishment as appropriate: (1) defrauding an unspecified majority by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines; (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 reaches the standard of "relatively large amount", but under any of the following circumstances, the actor pleads guilty and repents, in accordance with the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law, he may not be prosecuted or exempted from criminal punishment: (1) There are statutory lenient punishment circumstances; (2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned; (three) did not participate in the distribution of stolen goods or less stolen goods and not the principal; (4) the victim understands; (5) Other circumstances are minor and harmless. Fraud of the property of a close relative, which is forgiven by the close relative, can generally not be treated as a crime. If it is really necessary to pursue criminal responsibility by defrauding the property of close relatives, the specific treatment should also be lenient as appropriate. The huge amount of fraud is an important part of fraud, but it is not the only plot. Aggravated punishment of the sentencing standard for fraud: if the amount of fraud is more than 6.5438+10,000 yuan, it should also be considered as "the circumstances are particularly serious": (654.38+ 0) the ringleader of the fraud group or the principal offender with serious circumstances in the fraud crime; (2) The recidivist or fugitive commits serious crimes; (3) defrauding a legal person, other organization or individual of the means of production urgently needed, which seriously affects production or causes other serious losses; (4) defrauding disaster relief, emergency rescue, flood control, special care, relief and medical funds and materials, thus causing serious consequences; (5) Spending fraudulent property, which makes it impossible to return the fraudulent property; (six) the use of fraudulent property for illegal and criminal activities; (7) Having received criminal punishment for fraud; (8) Causing the victim's death, mental disorder or other serious consequences; (9) Other serious circumstances. Sentencing standard for the crime of unit fraud: 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. 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. * * * Sentencing standard for the crime of fraud with the same crime: for the crime of fraud with the same crime, the amount of crime should be determined by the amount of fraud that the actor participated in, and the punishment should be based on the status, role and illegal income of the actor in the crime with the same crime. Sentencing standard for the crime of fraud (attempted fraud): If the attempted fraud aims at a huge amount of property, or there are other serious circumstances, it shall be convicted and punished. Using telecommunications technologies such as sending text messages, making phone calls and the Internet to defraud an unspecified majority, and the amount of fraud is difficult to verify. However, in any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and convicted and punished for fraud (attempted): (1) Sending more than 5,000 fraudulent information; (2) Making fraudulent phone calls for more than 500 times; (3) The fraudulent means are bad and the harm is serious. If the number of acts specified in the preceding paragraph reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or if the fraudulent means are particularly bad and the harm is particularly serious, it shall be deemed as "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted). If fraud is accomplished and attempted, and different sentencing ranges are reached, it shall be punished in accordance with the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as fraud. The Criminal Law Amendment (VII) increases the sentencing standard for the crime of fraud: those who organize minors to engage in theft, fraud, robbery, extortion and other activities that violate public security management shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and 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. The amount and sentencing standard of the crime of fraud: for those who swindle many times and return the previously defrauded property from the subsequent fraud, the amount returned before the crime should be deducted when calculating the amount of fraud, and determined according to the actual amount not returned. The amount of repeated fraud can be considered as an aggravating circumstance when sentencing. 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 the total interest; 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.