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Reasons for not arresting people for filing fraud cases
Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC) defrauds public or private property, and if the amount is relatively large, he 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.
Explanations on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud Article 1 Whoever swindles public or private property in an amount of more than 3,000 yuan to 1000 yuan, more than 30,000 yuan to 1000 yuan and 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law respectively.
Interpretation of Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud Article 2 Whoever cheats public or private property to the amount standard specified in Article 1 of this Interpretation and has any of the following circumstances may be given a heavier punishment as appropriate in accordance with 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.
Article 22 of the Police Law, people's policemen shall not commit any of the following acts: (1) Spreading statements that damage the reputation of the country, participating in illegal organizations, participating in assemblies, processions, demonstrations and other activities aimed at opposing the country, and participating in strikes; (2) divulging state secrets and police work secrets; (three) practicing fraud, concealing the case, shielding and conniving at illegal and criminal activities; (4) extorting confessions by torture, corporal punishment or maltreating criminals; (five) illegally depriving or restricting the personal freedom of others, and illegally searching the body, articles, residence or place of others; (six) extortion or soliciting or accepting bribes; (seven) beating others or instructing others to beat others; (eight) illegal punishment or charge fees; (nine) accept the parties and their agents to treat and give gifts; (10) engaging in profit-making business activities or being employed by any individual or organization; (eleven) dereliction of duty, do not perform their statutory obligations; (twelve) other violations of law and discipline.
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