Legal analysis: According to the provisions of my country's Negotiable Instruments Law, it is prohibited to issue bad checks. If such behavior occurs, criminal liability will be required. According to the provisions of the crime of bill fraud in the Criminal Law, if the amount is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years. Not less than 10 years of fixed-term imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. or confiscation of property.
Legal basis:
Article 87 of the Negotiable Instruments Law of the People's Republic of China. The amount of the check issued by the drawer of the check shall not exceed the amount of the check at the time of payment. The amount of deposits that people actually have. If the amount of the check issued by the drawer exceeds the actual deposit amount with the payee at the time of payment, it is a bad check. Issuance of bad checks is prohibited.
Article 102 Anyone who commits any of the following acts of bill fraud shall be investigated for criminal liability in accordance with the law: (1) Forging or altering bills; (2) Deliberately using forged or altered bills; (3) Issuing bad checks or intentionally issuing checks that do not match the original signature or seal reserved for him, thereby defrauding property; (4) Issuing money orders or cashier's checks that have no reliable source of funds, and defrauding funds; (5) Money orders, cashier's checks, etc. The drawer of the bill makes false records when issuing the bill, thereby defrauding property; (6) Fraudulently using other people’s bills, or deliberately using expired or invalid bills, to defraud property; (7) The payee and the drawer, the holder The ticket holders maliciously collude and commit one of the acts listed in the first six items.
Article 194 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever commits financial bill fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other serious circumstances For other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have his property confiscated:
(1) A bill of exchange that is knowingly forged or altered. , cashier's check, or check;
(2) Using a money order, cashier's check, or check knowingly that it is invalid;
(3) Pretending to use another person's money order, cashier's check,
(4) Issuing bad checks or checks that do not match the seals reserved to defraud property;
(5) Issuing by the drawer of bills of exchange or promissory notes Making money orders or promissory notes without financial guarantee or making false records when issuing them to defraud property.
Whoever uses forged or altered entrusted collection vouchers, remittance vouchers, bank deposit certificates and other bank settlement vouchers for the crime of financial voucher fraud shall be punished in accordance with the provisions of the preceding paragraph.