How to write the defense that prosecuting fraud does not constitute a crime: First, the name of the entrusted lawyer should be stated, and the key point is that the defendant has no subjective intention to illegally occupy the plaintiff's money, or the facts of the crime prosecuted do not exist, and the evidence is insufficient, untrue and illegal, indicating that the defendant's behavior does not constitute a crime.

legal ground

Article 266 of the Criminal Law of People's Republic of China (PRC) 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.