Legal analysis
The crime of fraud generally refers to the act of using false facts or concealing the truth for the purpose of illegal possession to defraud large amounts of public and private property. The constitutive elements of fraud are: the main elements. The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has criminal responsibility ability can constitute the crime of fraud. Subjective elements, this crime is subjectively manifested as direct intentional behavior, with the purpose of illegally possessing public and private property. Object elements, the object of the crime of fraud is the ownership of public and private property, and the object of the crime of fraud is limited to the property of the collective, the state or individuals. The crime of fraud is objectively manifested as using false facts or concealing the truth to defraud a large amount of public and private property. The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record. Call the police first if you are cheated on the internet. It's best to try to get some recorded materials, or find some witnesses to prove the criminals' commitment to the victims. Regardless of the amount of fraud, keep the evidence of fraud first. Such as communication records, chat records, transfer or remittance records, etc. If the amount of personal fraud exceeds 2000 yuan or more, it is recommended to call the police immediately or report to the nearby dispatching office. If an individual is cheated for less than 2,000 yuan, no alarm will be issued for being cheated for dozens or hundreds of yuan. Where there are other provisions in the law, those provisions shall prevail.
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.