Joke Collection Website - Public benefit messages - It is against the criminal law to deduct points in the exam-the criminal law stipulates that any act of using others' ignorance to cause losses to others is a crime of fraud, right?

It is against the criminal law to deduct points in the exam-the criminal law stipulates that any act of using others' ignorance to cause losses to others is a crime of fraud, right?

No, the crime of fraud is not stipulated in the criminal law, but it is. Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.

The teacher did not deduct points in the exam for the purpose of illegally encroaching on students' grades, nor did he defraud students of their property, so the sentence "Deducting points in the exam is a violation of criminal law" is not valid.

Article 266 of the Criminal Law stipulates that 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.

Extended information: Shanghai fraud case filing standard;

1On April 24, 1997, Shanghai Higher People's Court, Shanghai People's Procuratorate, Shanghai Public Security Bureau and Shanghai Municipal Bureau of Justice made the following provisions on the specific amount standard for determining fraud crimes in Shanghai according to the relevant provisions of the Criminal Law and the Judicial Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases, combined with the actual situation of this Municipality:

One, personal fraud of public and private property in more than 4 thousand yuan, belonging to the "large amount"; Individuals who defraud public or private property of more than 50,000 yuan belong to a "huge amount".

Individuals who defraud public or private property of more than 2,000 yuan but less than 4,000 yuan, have a criminal record of fraud or cause serious consequences such as suicide, serious injury or death, shall also be investigated for criminal responsibility according to law.

Units that defraud public or private property of more than 654.38+10,000 yuan belong to "a large amount"; Units that defraud public or private property of more than 300,000 yuan belong to a "huge amount".

Second, in the fraud cases accepted before the issuance of this opinion, the amount of personal fraud is more than 2,000 yuan but less than 4,000 yuan, and the amount of unit fraud is more than 50,000 yuan and 654.38+10,000 yuan. (And the suspect has been arrested and prosecuted, criminal responsibility can still be investigated, but the punishment can be lightened, mitigated or exempted according to law.

General fraud

Generally, fraud and theft are the same. For fund-raising fraud, loan fraud, bill fraud and other economic fraud, please refer to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Prosecution Standards for Economic Crimes.

Fraud public and private property

Article 266 of the Criminal Law stipulates that 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.

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