The crime of contract fraud in Article 224 of the Criminal Law of People's Republic of China (PRC); The crime of organizing and leading pyramid selling activities has one of the following circumstances. For the purpose of illegal possession, in the process of signing and performing a contract, if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the amount is huge or there are other serious circumstances,
Be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and 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:
1. Sign a contract in the name of a fictitious unit or others;
2, forged, altered, invalid bills or other false proof of property rights as a guarantee;
3. Without actual performance ability, first perform the small contract or part of the contract to trick the other party into continuing to sign and perform the contract;
4. Escape after receiving goods, money, advance payment or secured property from the other party;
5. defrauding the other party's property by other means.
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.
Extended data:
Forging a sales contract signed by others;
The two parties to the sales contract did not confirm the conclusion of the transaction, nor did they formally sign with each other, but others forged their signatures, which would directly harm the interests of the parties. Then, whether the party whose interests are damaged can defend rights depends on whether the signed sales contract is valid.
First of all, when concluding a contract, one of the following circumstances will lead to the invalidity of the contract:
1. One party enters into a sales contract by means of fraud or coercion, which harms the national interests;
2. When concluding a contract, both parties to the contract collude maliciously and harm the interests of the state, the collective or a third party;
3. When the buyer and the seller conclude a contract, they cover up illegal purposes in a legal form, such as money laundering;
4. The conclusion of a sales contract will harm the public interest;
5. Violation of mandatory provisions of laws and administrative regulations.
Second, in order to establish a sales contract, we must first meet a necessary condition, that is, both parties must reach an agreement through consultation. Therefore, the sales contract determined by others' forged signatures does not actually belong to the consensus reached by both parties, so the sales contract is actually not established.
Therefore, according to the prohibition of contract formation and the conditions that must be met, the sales contract with forged signature does not meet the statutory conditions of establishment from the beginning, so it will not have legal effect.
If the injured party is required to perform the contract, it can actively advocate signature infringement. However, if you want to recognize the transaction, you can also ratify it, and unlike the restrictions that restrict the ratification of people with civil capacity, the injured party here can ratify the contract at any time.
Third, finally, in fact, the sales contract is confirmed by someone else's forged signature. It is often difficult for an uninformed party to know the specific situation, but if the other party repeatedly advocates the performance of the contract as long as it does not want to ratify it, it can actively bring a lawsuit in court if necessary.
Xiuzhou District Government Website-People's Republic of China (PRC) Criminal Law (revised on 20 17)