Legal subjectivity:

The "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" was issued by the Supreme People's Court on February 21, 2011 The 1512th meeting of the Judicial Committee and adopted by the 49th meeting of the 11th Procuratorial Committee of the Supreme People's Procuratorate on November 24, 2010 are hereby announced and shall come into effect on April 8, 2011.

March 1, 2011

In order to punish criminal fraud activities in accordance with the law and protect the ownership of public and private property, in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, combined with the needs of judicial practice, Several issues regarding the specific application of laws in handling criminal cases of fraud are explained as follows:

Article 1: Fraud of public or private property worth 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, 500,000 yuan If the amount exceeds RMB 10,000, it shall be deemed as "relatively large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law. The higher people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, based on the economic and social development conditions of the region, jointly study and determine the specific amount standard for implementation in the region within the amount range specified in the preceding paragraph, and report it to the Supreme People's Court and the Supreme People's Court. Procuratorate filing.

Article 2 If the amount of defrauding public or private property reaches the amount standard stipulated in Article 1 of this Interpretation, and any of the following circumstances occurs, he may be severely punished as appropriate in accordance with the provisions of Article 266 of the Criminal Law:

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(1) To defraud an unspecified majority of people by sending text messages, making phone calls, or using the Internet, radio and television, newspapers, magazines, etc. to publish false information;

(2) Fraud for disaster relief, Emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical supplies;

(3) Fraud in the name of raising funds for disaster relief;

(4) Fraudulent persons with disabilities and the elderly property of a person or a person who has lost the ability to work;

(5) Causing suicide, mental disorder or other serious consequences to the victim. If the amount of fraud is close to the standards of "huge amount" or "particularly huge amount" stipulated in Article 1 of this Interpretation, and there is one of the circumstances specified in the preceding paragraph or if it is the leading member of a fraud group, it shall be deemed to be a fraud under Article 260 of the Criminal Law respectively. "Other serious circumstances" and "other particularly serious circumstances" stipulated in Article 6.

Article 3: Although the defrauding of public or private property has reached the "relatively large amount" standard stipulated in Article 1 of this Interpretation, if one of the following circumstances occurs and the perpetrator pleads guilty and regrets, he may be punished according to Article 1 of the Criminal Law. Article 37. Article 142 of the Criminal Procedure Law stipulates that no prosecution or criminal punishment shall be provided:

(1) There are statutory lenient circumstances;

(2) All the stolen goods and compensation were returned before the verdict of the first instance was pronounced;

(3) Those who did not participate in the division of the stolen goods or received less stolen goods and were not the principal culprit;

(4) The victim understood;

(5) Other cases where the circumstances are minor and the harm is not great.

Article 4: Defrauding close relatives of their property will generally not be treated as a crime if the close relatives understand. It is indeed necessary to pursue criminal liability for defrauding close relatives of their property, and the specific handling should be lenient as appropriate.

Article 5: Anyone who attempts fraud, targets a huge amount of property, or has other serious circumstances shall be convicted and punished. Using telecommunications technology means such as sending text messages, making phone calls, and the Internet to defraud an unspecified majority of people. The amount of the fraud is difficult to verify, but if one of the following circumstances occurs, it shall be deemed as "other serious circumstances" stipulated in Article 266 of the Criminal Law. ”, convicted and punished for the crime of fraud (attempted):

(1) Sending more than 5,000 fraudulent messages;

(2) Making more than 500 fraudulent calls;< /p>

(3) Violent fraud methods and serious harm. Those who commit the acts specified in the preceding paragraph and the quantity reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or those whose fraud methods are particularly egregious and the harm is particularly serious, shall be deemed to have committed crimes as stipulated in Article 266 of the Criminal Law. "Other particularly serious circumstances" will result in conviction and punishment for fraud (attempted).

Article 6: Fraud involves both completed and attempted fraud, and if they reach different sentencing ranges, they shall be punished in accordance with the heavier penalty provisions; if they reach the same sentencing range, they shall be punished as completed fraud.

Article 7 Anyone who knowingly knows that others have committed a crime of fraud and provides them with credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, expense settlement, etc. shall be punished with the same crime.

Article 8 Whoever pretends to be a staff member of a state agency to commit fraud, which simultaneously constitutes the crime of fraud and pretense, shall be convicted and punished in accordance with the provisions of heavier penalties.

Article 9: The fraudulent property and its interest that have been seized, detained, or frozen after the incident, if the ownership is clear, shall be returned to the victim; if the ownership is unclear, the fraudulent property and property shall be returned to the victim as the defrauded money and property. The proportion of the total amount of property seized, detained, and frozen and its interest shall be returned to the victim, but any compensation that has been refunded shall be deducted.

Article 10: If the perpetrator has used the fraudulent property to pay off debts or transferred it to others, and any of the following circumstances occurs, it shall be recovered in accordance with the law:

(1) The other party knows that it is fraud

(2) The other party obtains the fraudulent property for free;

(3) The other party obtains the fraudulent property at a price that is significantly lower than the market price;

< p> (4) The other party obtains the fraudulent property due to illegal debts or illegal and criminal activities. If others obtain fraudulent property in good faith, they will not be recovered.

Article 11 If any previously issued judicial interpretation is inconsistent with this interpretation, this interpretation shall prevail. Legal objectivity:

Judicial Interpretation of the Supreme People's Procuratorate and the Ministry of Public Security's "Regulations on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" Article 49 [Fund-raising Fraud Cases (Criminal Law Article 19 Article 12)] For the purpose of illegal possession, using fraudulent methods to illegally raise funds, and suspected of any of the following circumstances, a case shall be filed for prosecution: (1) Individual fund-raising fraud, the amount is more than 100,000 yuan; (2) Unit fund-raising fraud , the amount is more than 500,000 yuan. The Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising" (adopted at the 1502nd meeting of the Judicial Committee of the Supreme People's Court on November 22, 2010). Fa Explanation [2010] No. 18 is to punish illegal absorption of public deposits in accordance with the law. , fund-raising fraud and other illegal fund-raising criminal activities, according to the relevant provisions of the Criminal Law, several issues concerning the specific application of law in the trial of such criminal cases are hereby explained as follows: Article 1 Violates the provisions of national financial management laws and absorbs the public (including units and individuals) Funding activities that meet the following four conditions at the same time, unless otherwise provided by the Criminal Law, shall be deemed as "illegal absorption of public deposits or disguised absorption of public deposits" as stipulated in Article 176 of the Criminal Law: (1) Without permission Relevant departments have approved in accordance with the law or borrowed funds in the form of legal operations; (2) publicly publicized the funds to the public through the media, promotion meetings, flyers, mobile phone text messages, etc.; (3) promised to repay the funds in the form of currency, kind, equity, etc. within a certain period of time. Payment of principal and interest or payment of returns; (4) Absorbing funds from the public, that is, unspecified objects in society. Absorbing funds from relatives, friends or within the unit for specific targets without publicity to the public does not constitute illegal absorption or disguised absorption of public deposits. Article 2 Whoever commits any of the following acts and meets the conditions stipulated in the first paragraph of Article 1 of this Interpretation shall be convicted and punished for the crime of illegally absorbing public deposits in accordance with the provisions of Article 176 of the Criminal Law: (1) Failure to possess The true content of real estate sales or the main purpose of real estate sales is not to illegally absorb funds through return sales, after-sales leasing, agreed repurchase, sales of real estate shares, etc.; (2) Illegally absorbing funds through transfer of forest rights and management and protection on behalf of others, etc. funds; (3) illegally absorbing funds through planting (breeding) on ??behalf of others, renting planting (breeding), joint planting (breeding), etc.; (4) not having the true content of selling goods or providing services, or not selling goods, The main purpose is to provide services, and illegally absorb funds by means of commodity repurchase, deposit and sale, etc.; (5) There is no true content of issuing stocks and bonds, and illegally absorb funds by false transfer of equity, sale of fictitious bonds, etc.; ( 6) Without the true content of raising funds, illegally absorbing funds by borrowing overseas funds, selling fictitious funds, etc.; (7) Without having the true content of selling insurance, illegally absorbing funds by pretending to be an insurance company, forging insurance documents, etc. ; (8) Illegally absorbing funds by investing in shares; (9) Illegally absorbing funds by entrusting financial management; (10) Using private "associations", "communities" and other organizations to illegally absorb funds; (11) Other acts of illegally absorbing funds.

Article 3 Anyone who illegally absorbs or absorbs deposits from the public in a disguised form and falls under any of the following circumstances shall be investigated for criminal responsibility in accordance with the law: (1) If an individual illegally absorbs or absorbs deposits from the public in a disguised form, and the amount exceeds 200,000 yuan, an unit illegally absorbs or absorbs them in a disguised form. The amount of public deposits is more than 1 million yuan; (2) An individual illegally absorbs or absorbs more than 30 public deposit objects in a disguised form, and an unit illegally absorbs or absorbs in a disguised form more than 150 public deposit objects; (3) An individual illegally absorbs or absorbs in a disguised form a public deposit object Absorbing deposits from the public, causing direct economic losses of more than 100,000 yuan to depositors; units illegally or in disguised form absorbing deposits from the public, causing direct economic losses of more than 500,000 yuan to depositors; (4) Causing adverse social impact or other serious consequences. Any of the following circumstances falls under the category of "huge amounts or other serious circumstances" as stipulated in Article 176 of the Criminal Law: (1) If an individual illegally absorbs or absorbs deposits from the public in a disguised form, and the amount exceeds 1 million yuan, the unit shall illegally Absorbing or absorbing deposits from the public in a disguised form, the amount is more than 5 million yuan; (2) An individual illegally absorbs or absorbs deposits from the public in a disguised form from more than 100 people, and an unit illegally absorbs or absorbs a deposit from the public in a disguised form from more than 500 people; (3) Individuals Where an entity illegally absorbs deposits from the public or in a disguised form, causing direct economic losses of more than 500,000 yuan to depositors; when an entity illegally absorbs public deposits or in disguised form, causing direct economic losses of more than 2.5 million yuan to depositors; (4) Causing particularly bad social impact or other particularly serious consequences. The amount of illegal absorption or disguised absorption of public deposits shall be calculated based on the full amount of funds absorbed by the perpetrator. The amount that has been returned before and after the incident can be considered as a sentencing factor. Illegal absorption or disguised absorption of public deposits is mainly used for normal production and business activities. If the absorbed funds can be returned in a timely manner, criminal punishment will be exempted; if the circumstances are obviously minor, it will not be treated as a crime. Article 4 Anyone who uses fraudulent methods to commit the acts listed in Article 2 of this Interpretation for the purpose of illegal possession shall be convicted and punished for the crime of fund-raising fraud in accordance with the provisions of Article 192 of the Criminal Law. Illegal fundraising using fraudulent methods can be deemed to be "for the purpose of illegal possession" under any of the following circumstances: (1) The funds raised are not used for production and business activities or are used in production and business activities that are obviously disproportionate to the scale of funds raised, resulting in a The funds raised cannot be returned; (2) The funds raised are squandered wantonly, resulting in the funds raised being unable to be returned; (3) The funds raised are used to escape and hide; (4) The funds raised are used for illegal and criminal activities; (5) The funds are evacuated, transferred, Concealing property and evading the return of funds; (6) Concealing or destroying accounts, or engaging in fake bankruptcy or bankruptcy to evade the return of funds; (7) Refusing to explain the whereabouts of funds and evading the return of funds; (8) Others that can be deemed illegal Purpose of possession. The purpose of illegal possession in the crime of fund-raising fraud should be specifically determined based on the circumstances. If part of the illegal fund-raising behavior of an actor has the purpose of illegal possession, the funds involved in that part of the illegal fund-raising behavior will be convicted and punished as a crime of fund-raising fraud; in illegal fund-raising, some of the actors have the purpose of illegal possession, and other actors have no illegal purpose. If the person who possesses the fund-raising funds has the same intention and behavior, the actor with the purpose of illegal possession will be convicted and punished for the crime of fund-raising fraud. Article 5 If an individual commits fund-raising fraud and the amount exceeds 100,000 yuan, it shall be deemed as a "large amount"; if the amount exceeds 300,000 yuan, it shall be deemed as a "huge amount"; if the amount exceeds 1 million yuan, it shall be deemed as "large amount". It was determined to be "an extremely large amount". If a unit conducts fund-raising fraud, and the amount exceeds 500,000 yuan, it shall be deemed as a "large amount"; if the amount exceeds 1.5 million yuan, it shall be deemed as a "huge amount"; if the amount exceeds 5 million yuan, it shall be deemed as a "huge amount"; if the amount exceeds 5 million yuan, it shall be deemed as a "huge amount" The amount is extremely huge." The amount of fund-raising fraud is calculated based on the actual amount defrauded by the perpetrator, and the amount returned before the incident should be deducted. Advertising fees, intermediary fees, handling fees, kickbacks paid by the actor to carry out fund-raising fraud activities, or expenses such as bribes and gifts will not be deducted. The interest paid by the actor to carry out fund-raising fraud activities shall be included in the amount of the fraud, except that the principal cannot be offset if the principal is not returned.

Article 6 Without the approval of the relevant competent authorities of the state, the issuance or disguised issuance of stocks or company or enterprise bonds to unspecified objects in the society by transferring equity or other methods, or the issuance or disguised issuance of stocks or company or enterprise bonds to specific objects exceeds 200 people in total. , it should be deemed as “the unauthorized issuance of stocks, companies, and enterprise bonds” as stipulated in Article 179 of the Criminal Law. If it constitutes a crime, he will be convicted and punished for the crime of issuing stocks, companies, and enterprise bonds without authorization. Article 7 Anyone who violates state regulations and issues fund shares to raise funds without authorization according to law, if the circumstances are serious, shall be convicted and punished for the crime of illegal business operations in accordance with the provisions of Article 225 of the Criminal Law. Article 8 Advertising operators or advertising publishers, in violation of state regulations, use advertisements to make false publicity for goods or services related to illegal fund-raising activities, and if any of the following circumstances apply, they shall be punished with false information in accordance with the provisions of Article 222 of the Criminal Law. Penalties for conviction of advertising crime: (1) The amount of illegal income is more than 100,000 yuan; (2) Causing serious harmful consequences or adverse social impact; (3) Using advertisements for false publicity within two years and receiving administrative penalties more than twice; (4) Other serious circumstances. Anyone who knowingly knows that others are engaged in fraudulent issuance of stocks and bonds, illegally absorbs public deposits, issues stocks and bonds without authorization, commits fund-raising fraud, or organizes and leads pyramid schemes and other fund-raising criminal activities, and provides them with advertisements and other publicity, shall be punished as a criminal for related crimes. . Article 9 If the previously issued judicial interpretation is inconsistent with this interpretation, this interpretation shall prevail.