Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (2011February 2 1 the Supreme People's Court Judicial Committee 15 12 Meeting 201kloc-0/65438+/. The 49th Session of the 11th Procuratorial Committee of the Supreme People's Procuratorate) Interpretation of Law [201] No.7 People's Republic of China (PRC) * * * and the Supreme People's Court Proclamation People's Republic of China (PRC) * * * and the Supreme People's Procuratorate's 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 were approved by the the Supreme People's Court Judicial Committee. Adopted at kloc-0/5 10 meeting and the 45438+0 10 meeting of the 11th procuratorial Committee of the Supreme People's Procuratorate. 20 1 1 mar 1 day, in order to punish fraudulent criminal activities according to law and protect the ownership of public and private property, according to the relevant provisions of the criminal law and the criminal procedure law, combined with the needs of judicial practice, some issues concerning the specific application of law in handling criminal cases of fraud are explained as follows: Article 1 Where the value of fraudulent public and private property is more than 3,000 yuan but less than 10,000 yuan, it is more than 30,000 yuan/kloc-. The Higher People's Courts and People's Procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in light of the economic and social development of the region, jointly study and determine the specific amount standards to be implemented in the region within 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. Article 2 Whoever cheats public or private property to the amount specified in Article 1 of this Interpretation may be given a heavier punishment as appropriate in accordance with the provisions of Article 266 of the Criminal Law: (1) Whoever cheats an unspecified majority by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc. ; (2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials; (three) fraud in the name of disaster relief fund-raising; (four) defrauding the disabled, the elderly or the disabled; (5) Causing the victim to commit suicide, mental disorder or other serious consequences. If the amount of fraud is close to the standards of "huge amount" and "extremely huge amount" as stipulated in Article 1 of this Interpretation, and it falls into one of the circumstances as stipulated in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively. Article 3 Although swindling public or private property meets the standard of "relatively large amount" as stipulated in Article 1 of this Interpretation, in any of the following circumstances, if the perpetrator pleads guilty or repents, he may not be prosecuted or be exempted from criminal punishment according to the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law: (1) There are circumstances of lenient punishment according to law; (2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned; (three) did not participate in the distribution of stolen goods or less stolen goods and not the principal; (4) the victim understands; (5) Other circumstances are minor and harmless. Article 4 Whoever defrauds the property of a close relative and the close relative knows it may generally not be treated as a crime. If it is really necessary to pursue criminal responsibility by defrauding the property of close relatives, the specific treatment should also be lenient as appropriate. Article 5 Anyone who attempts to defraud, with a huge amount or other serious circumstances, shall be convicted and punished. Using telecommunications technologies such as sending text messages, making phone calls and the Internet to defraud an unspecified majority, and the amount of fraud is difficult to verify. However, in any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and convicted and punished for fraud (attempted): (1) Sending more than 5,000 fraudulent information; (2) Making fraudulent phone calls for more than 500 times; (3) The fraudulent means are bad and the harm is serious. If the number of acts specified in the preceding paragraph reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or if the fraudulent means are particularly bad and the harm is particularly serious, it shall be deemed as "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted). Article 6 If the accomplished fraud and attempted fraud reach different sentencing ranges respectively, they shall be punished according to the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as fraud. Article 7 Whoever knowingly provides credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, fee settlement and other assistance shall be punished as * * *. Article 8 Whoever impersonates a functionary of a state organ to commit fraud and at the same time constitutes a crime of fraud shall be convicted and punished in accordance with the provisions of heavier punishment. Article 9 If the ownership of fraudulent property and its fruits that have been sealed up, detained or frozen after a crime is clear, it shall be returned to the victim; If the ownership is unclear, the victim may be returned according to the proportion of the defrauded money and goods to the total amount of property and fruits seized, detained or frozen in this case, but the compensation already returned shall be deducted. Article 10 If the perpetrator has used the fraudulent property to pay off debts or transferred it to others, it shall be recovered according to law under any of the following circumstances: (1) The other party knows that it is fraudulent property; (2) The other party obtains fraudulent property for free; (3) The other party obtains fraudulent property at a price significantly lower than the market price; (4) The fraudulent property obtained by the other party originated from illegal debts or illegal and criminal activities. If another person obtains fraudulent property in good faith, it will not be recovered. Article 11 If the previously issued judicial interpretation is inconsistent with this interpretation, this interpretation shall prevail.