First, how to measure the sentence for transnational group fraud
If a transnational fraud group commits fraud activities in China, it shall be sentenced according to the circumstances of the crime and the role played by the criminals in the fraud activities, and the principal offender shall be punished according to all the crimes committed by the group.
Article 26 of the Criminal Law of People's Republic of China (PRC)
A principal offender is one who organizes or leads a criminal group in criminal activities or plays a major role in joint crimes.
A relatively fixed criminal organization formed by three or more people committing crimes together is a criminal group.
The ringleaders who organize and lead a criminal group shall be punished according to all the crimes committed by the group.
Principal offenders other than those specified in the third paragraph shall be punished according to all the crimes they participated in, organized or directed.
Article 266
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 shall 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.
Second, the relationship between criminal groups and joint crimes
Criminal group is a special form of joint crime, which has the basic characteristics of joint crime, but compared with ordinary joint crime, there are still differences between them, mainly in the following three aspects:
First, the number of members is different. A criminal group must have more than three members, while ordinary joint crimes are limited to more than two. Compared with common joint crimes, criminal groups are generally larger and have more people.
Secondly, whether there is organization or not is not the same as the degree of organization. Criminal groups are highly organized, generally with clear ringleaders and backbones, relatively fixed personnel composition, clear internal division of labor and distinct levels. However, some joint crimes are just a few people temporarily uniting to commit a crime, and there is no organization among members. Some of them are organized, but the degree is far lower than that of criminal groups.
Third, whether it is stable or not is different. Criminal groups are quite stable. Its organization and activity plan are based on long-term considerations, and it is intended to exist for a long time, rather than temporarily joining gangs to commit crimes. However, joint crime does not have this stability, and the behavior is often that after the joint crime is temporarily implemented, its organization or consortium will soon collapse, and there is no long-term psychological preparation and material preparation.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).
If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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.