One, the theft of a larger amount, the statutory penalty of less than three years of imprisonment sentencing standards:
1000 yuan or more than less than 2500 yuan, shall be sentenced to six months of control, detention, fixed-term imprisonment, or a single fine; more than 2,500 yuan or less than 4,000 yuan, shall be sentenced to six months to one year of fixed-term imprisonment; more than 4,000 yuan less than 7000 yuan, shall be sentenced to imprisonment for one to two years; more than 7000 yuan less than 10000 yuan, shall be sentenced to imprisonment for two to three years.
Second, the theft of a huge amount, the statutory penalty in three to ten years of imprisonment sentencing standards:
10,000 yuan more than less than 17,000 yuan, sentenced to three to four years of imprisonment; more than 17,000 yuan more than less than 24,000 yuan, sentenced to four to five years of imprisonment; more than 24,000 yuan less than 31,000 yuan, sentenced to five to six years of imprisonment; If more than 31,000 yuan but less than 38,000 yuan, the penalty shall be six to seven years of imprisonment; if more than 38,000 yuan but less than 45,000 yuan, the penalty shall be seven to eight years of imprisonment; if more than 45,000 yuan but less than 52,000 yuan, the penalty shall be eight to nine years of imprisonment; if more than 52,000 yuan but less than 60,000 yuan, the penalty shall be nine to ten years of imprisonment.
Third, the theft of a particularly large amount, the statutory penalty of more than ten years of imprisonment and life imprisonment sentencing standards:
60,000 yuan or more than less than 78,000 yuan, shall be sentenced to imprisonment of ten years to eleven years; more than 78,000 yuan or less than 96,000 yuan, shall be sentenced to imprisonment for eleven years to twelve years; 96,000 yuan or more than not less than 114,000 yuan, shall be sentenced to imprisonment of twelve to thirteen years; above 114000 yuan less than 132000 yuan, imprisonment of thirteen to fourteen years; above 132000 yuan less than 150000 yuan, imprisonment of fourteen to fifteen years; above 150000 yuan, imprisonment for life.
On the sentencing standards for robbery (for reference)
Certainly will be sentenced to a few years determined by many factors, violence, coercion or other methods of robbery of public and private
property, shall be sentenced to more than three years of imprisonment of less than ten years, and shall be punished by a fine; with one of the following
circumstances, shall be sentenced to more than ten years imprisonment, life imprisonment, or the death penalty
, and shall be fined or confiscated property. and a fine or confiscation of property:
(1) home invasion robbery;
(2) robbery on public **** transportation;
(3) robbery of a bank or other financial institutions;
(4) multiple robberies or robberies of a huge amount;
(5) robbery resulting in serious injuries or death;
(6) Impersonation of uniformed personnel robbery;
(G) armed robbery;
(H) robbery of military supplies or rescue, disaster relief, relief supplies.
On the sentencing standards for fraud (for reference)
In order to punish fraudulent criminal activities in accordance with the law, and in accordance with the relevant provisions of the Criminal Law of the People's Republic of China (hereinafter referred to as the "Criminal Law") and the Decision of the Standing Committee of the National People's Congress on the Punishment of Crimes of Disrupting the Financial Order (hereinafter referred to as the "Decision"), a few specific issues on the trial of fraud cases are explained as follows. As follows:
I. According to the provisions of Articles 151 and 152 of the Criminal Law, defrauding public or private property in a larger amount constitutes the crime of fraud.
Individuals who defrauded public or private property of more than 2,000 yuan, belonging to the "larger amount"; individuals who defrauded public or private property of more than 30,000 yuan, belonging to the "large amount".
Individual fraud of public and private property more than 200,000 yuan, the amount of fraud is particularly large. The amount of fraud is particularly large is recognized as a fraud crime "particularly serious" an important element, but not the only plot. Fraud amount of more than 100,000 yuan, and one of the following circumstances, should also be recognized as "particularly serious circumstances":
(1) fraud group of the prime mover or *** with the main perpetrators of fraud crimes with serious circumstances;
(2) recidivism or roaming crimes of serious harm;
(3) fraudulent legal persons, other organizations or individuals in urgent need of production materials, seriously affecting production or causing other serious losses;
(4) fraudulent disaster relief, rescue, flood control, preferential treatment, relief, medical payments, resulting in serious consequences;
(5) squandering of fraudulent property, resulting in the fraudulent property can not be returned;
(6) the use of fraudulent property (7) has been criminally punished for fraud;
(8) causes death, mental disorder or other serious consequences to the victim;
(9) has other serious circumstances.
The competent person directly responsible for the unit and other directly responsible personnel to commit fraud in the name of the unit, the proceeds of fraud to the unit, the amount of 50,000 to 100,000 yuan or more, shall be in accordance with the provisions of Article 151 of the Criminal Law shall be held criminally liable for the above persons; the amount of 200,000 to 300,000 yuan or more, in accordance with the provisions of Article 152 of the Criminal Law shall be held criminally liable for the above persons of the Criminal Law.
For the crime of *** with fraud, the amount of the crime shall be determined by the amount of the perpetrator's participation in the *** with fraud, and combined with the perpetrator's status and role in the *** with crime and the amount of illegal gains and other circumstances shall be punished in accordance with the law.
Has embarked on the implementation of fraud, only due to reasons other than the will of the perpetrator and did not obtain the property, is an attempt to defraud. If the attempted fraud is serious, it shall also be convicted and punished according to law.
Provinces, autonomous regions, municipalities directly under the Central Higher People's Court may, according to the state of economic development in the region, and taking into account the state of social security, in the "2,000 yuan to 4,000 yuan", "30,000 yuan to 50,000 yuan" range, respectively, to determine the implementation of the region's The "larger amount" and "huge amount" of individual fraud, as well as fraud committed by a unit, and the criminal liability of the persons concerned, with reference to the amount stipulated in paragraph 4 of this Article, determine the specific amount of the standard applicable to Article 151 or 152 of the Criminal Law and report it to the Supreme People's Court for the record.
Second, according to the provisions of Article 151 and Article 152 of the Criminal Law, the use of economic contracts to defraud others of a larger amount of property constitutes the crime of fraud.
The use of economic contracts for fraud, the amount of fraud shall be determined by the amount of the perpetrator's actual fraud, the amount of the subject matter of the contract can be taken into account as sentencing circumstances.
Where the perpetrator has one of the following circumstances, it shall be determined that his behavior is for the purpose of illegal possession, the use of economic contracts for fraud:
(1) Knowing that there is no ability to perform the contract or a valid guarantee, the following deceptive means to enter into a contract with another person, fraudulently obtaining a larger amount of property and causing greater losses:
1, fictitious subject;
2, fraudulent use of another person's name;
3, the use of forged, altered or invalid documents, letters of introduction, seals or other supporting documents;
4, concealment of the truth, the use of bills or other settlement vouchers that are known to be unable to be honored as a guarantee for the fulfillment of the contract;
5, concealment of the truth, the use of collaterals, debt instruments, etc., which are known to be not in conformity with the conditions of the guarantee, as a Contract performance security;
6, the use of other deceptive means to make the other party to hand over payments, things.
(2) Fleeing after the conclusion of the contract with the goods, payment for goods, advance payment or deposit, guarantee and other properties guaranteeing the fulfillment of the contract delivered by the other party;
(3) Squandering the goods, payment for goods, advance payment or deposit, guarantee and other properties guaranteeing the fulfillment of the contract delivered by the other party, making it impossible for the above mentioned money and properties to be returned;
(4) Using goods, payment for goods, advance payment or deposit, guarantee and other properties guaranteeing the fulfillment of the contract delivered by the other party as security;
(4) Using the other party's (d) The use of the goods, payments, advances or deposits, guarantees the performance of the contract and other property delivered by the other party to carry out illegal and criminal activities, so that the above money can not be returned;
(e) Concealment of the contract goods, payments, advances or deposits, guarantees the performance of the contract and other property, and refuses to return;
(f) The contract is signed, with the payment of a portion of the payment, the start of the fulfillment of the contract as a bait, after cheating all the goods, within the period specified in the contract or the payment period otherwise agreed by the two sides, refuses to pay the rest of the purchase price without justifiable reasons.
Third, according to Article 8 of the Decision, the use of fraudulent methods of illegal fund-raising for the purpose of illegal possession, constitutes the crime of fund-raising fraud.
"Fraudulent methods" refers to the means by which the perpetrator adopts a fictitious use of the capital-raising, and uses false supporting documents and a high rate of return as bait to obtain the capital-raising money.
"Illegal fund-raising" refers to the collection of funds from the public by legal persons, other organizations or individuals without the approval of the competent authorities.
A perpetrator who commits the acts stipulated in Article 8 of the Decision shall be deemed to have "illegally collected funds for the purpose of illegal appropriation, using fraudulent methods" if one of the following circumstances applies:
(1) fleeing with the collected funds;
(2) squandering the collected funds so that they cannot be returned;
(3) failing to return them;
(4) failing to pay back the funds; and
(5) failing to pay back the collected funds.
(3) the use of funds to carry out illegal and criminal activities, resulting in the collection of funds can not be returned;
(4) with other fraudulent behavior, refused to return the funds, or make the funds can not be returned.
Individuals engaged in fraudulent fund-raising in an amount of more than 200,000 yuan, is a "huge amount"; individuals engaged in fraudulent fund-raising in an amount of more than 1 million yuan, is a "particularly large amount".
The amount of fund-raising fraud by a unit of more than 500,000 yuan is "huge"; the amount of fund-raising fraud by a unit of more than 2.5 million yuan is "especially huge".
Four, according to the "Decision" Article 10, the purpose of illegal possession, fraudulent bank or other financial institutions, the larger the amount of loans, constitutes the crime of loan fraud.
The "other serious circumstances" stipulated in Article 10 of the Decision refer to:
(1) bribery of a larger amount to a bank or financial institution's staff in order to obtain a loan;
(2) squandering a loan, or using a loan to carry out unlawful activities, rendering the loan unable to be repaid at maturity;
(3) concealing the whereabouts of the loan and refusing to repay it after the expiration of the loan period;
(4) providing false guarantees to apply for a loan and refusing to repay it after the expiration of the loan period;
(5) applying for a loan in the name of another person under false pretenses and refusing to repay it after the expiration of the loan period.
The "other particularly serious circumstances" stipulated in Article 10 of the Decision refer to:
(1) bribing the staff of a bank or financial institution with a huge amount of money in order to obtain a loan fraudulently;
(2) escaping with the fund-raising money;
(3) using a loan to carry out criminal activities.
Individuals who commit loan fraud in an amount of 10,000 yuan or more are considered to be "larger in amount"; individuals who commit loan fraud in an amount of 50,000 yuan or more are considered to be "large in amount"; individuals who commit loan fraud in an amount of 200,000 yuan or more are considered to be "particularly large in amount". The amount of "especially large".
V. According to Article 12 of the Decision, the use of financial instruments to carry out fraudulent activities, the amount of which is large, constitutes the crime of instrument fraud.
Individuals conducting bill fraud amounting to more than 5,000 yuan, belonging to the "larger amount"; individuals conducting bill fraud amounting to more than 50,000 yuan, belonging to: the amount is huge"; individuals conducting bill fraud amounting to more than 100,000 yuan, belonging to the "The amount is particularly large".
The unit of bill fraud amounting to more than 100,000 yuan, belongs to the "larger amount"; unit of bill fraud amounting to more than 300,000 yuan, belongs to the "huge amount"; unit of bill fraud amounting to more than 1 million yuan The amount is "especially large".
The use of counterfeit, altered entrusted receipt vouchers, remittance vouchers, bank certificates of deposit and other bank settlement vouchers for fraud, the larger amount, the conviction and punishment of the crime of bill fraud.
VI. According to Article 13 of the Decision, the use of letters of credit to carry out fraudulent activities constitutes the crime of letter of credit fraud.
Individuals engaged in letter of credit fraud amounting to more than 100,000 yuan, the "amount is huge"; individuals engaged in letter of credit fraud amounting to more than 500,000 yuan, the "amount is particularly huge".
The unit of letter of credit fraud amounting to more than 500,000 yuan, the "amount is huge"; unit of letter of credit fraud amounting to more than 2.5 million yuan, the "amount is particularly large".
Seven, according to Article 14 of the Decision, the use of credit cards to carry out fraudulent activities, the amount of larger, constitutes the crime of credit card fraud.
The perpetrator commits the acts stipulated in Article 14(1)(a), (b) and (c) of the Decision, and if the amount of fraud is more than 5,000 yuan, it is a "larger amount"; if the amount of fraud is more than 50,000 yuan, it is a "huge amount"; if the amount of fraud is more than 200,000 yuan, it is a "huge amount"; and if the amount of fraud is more than 200,000 yuan, it is a "huge amount". The amount of fraud is more than 200,000 yuan, the amount is "particularly large".
"Malicious overdraft" means that the cardholder, with the purpose of illegal possession, or knowing that he is unable to repay, overdraft amount exceeds the amount of credit card overdraft allowed to avoid tracing, or from the date of receipt of the card bank's notice of reminder within three months still does not return the behavior. Malicious overdraft of more than 5,000 yuan is a "large amount"; malicious overdraft of more than 50,000 yuan is a "huge amount"; malicious overdraft of more than 200,000 yuan is a "particularly large amount". "
These are the most important of all.
If the cardholder has made a deposit with the bank, the amount of malicious overdraft will be calculated as the amount exceeding the deposit.
Eight, according to Article 16 of the Decision, conducting insurance fraud activities, the amount of larger, constitute the crime of insurance fraud.
Individual insurance fraud amounting to more than 10,000 yuan, is a "larger amount"; individual insurance fraud amounting to more than 50,000 yuan, is a "huge amount"; individual insurance fraud amounting to more than 200,000 yuan, is a "particularly large amount".
If a unit commits insurance fraud in an amount of more than 50,000 yuan, the amount is "large"; if a unit commits insurance fraud in an amount of more than 250,000 yuan, the amount is "huge"; if a unit commits insurance fraud in an amount of more than 1 million yuan, the amount is "especially large". The amount is "particularly large".
Nine, for multiple fraud, and the next fraudulent property to return the previous fraudulent property, in the calculation of the amount of fraud, should be returned before the crime has been deducted from the amount of the actual amount of unreturned, the amount of multiple fraud as an aggravating circumstance to be taken into account when sentencing.
Ten, the perpetrator of fraudulent criminal activities, seizure after the crime, frozen in the case of property and its fruits, if the ownership is clear, shall be returned to the victim; if the ownership is not clear, according to the victim's cheated money accounted for the total amount of seized, frozen in the case of property and its fruits in the proportion of the victim; if it can be determined that the seized, frozen in the case of property and its fruits do not belong to the victim has identified If it can be ascertained that the property seized or frozen in the case and its fruits do not belong to the identified victim but cannot be returned to the unidentified victim, it shall be surrendered to the State Treasury in accordance with law.
Xi, the perpetrator of fraudulent property has been used to return personal debts, payments or other economic activities, if the other party knows it is fraudulent property and collects it, is a malicious acquisition, shall be recovered; if it is indeed a bona fide acquisition, it is no longer recovered.
Twelve, the monetary amount used in this explanation refers to the amount of RMB. Trial of specific cases involving foreign currency, shall be in accordance with the foreign exchange rate announced by the State Administration of Foreign Exchange on the day of the case converted into RMB.
Thirteen, the interpretation of the "above" includes the number.
Fourteenth, this explanation shall take effect from the date of publication.