What is the crime of arbitraging the national agricultural machinery subsidy?

If the amount is large, it is considered fraud.

Article 34 of the Law on the Promotion of Agricultural Mechanization: In violation of the provisions of Article 27 and Article 28 of this Law, withholding or misappropriating relevant subsidy funds, the competent authority at a higher level shall order the return of the withheld or misappropriated funds within a time limit, confiscate the illegal gains, and the competent authority, supervisory organ or unit at the higher level shall give administrative sanctions to the person in charge who is directly responsible and other persons directly responsible; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal analysis: agricultural machinery purchase subsidies refer to the state to individual farmers, farm workers, agricultural machinery professional households and directly engaged in agricultural lease and agricultural machinery operation service organizations to purchase and update large agricultural machinery and tools. Agricultural machinery purchase subsidy is an important part of the national "three subsidies" to strengthen agriculture and benefit farmers, is an important measure to implement the first document, to improve the structure of agricultural equipment, improve the level of agricultural mechanization, enhance the comprehensive production capacity of agriculture, the development of modern agriculture, and the prosperity of the rural economy is of great significance.

Legal basis: Criminal Law of the People's Republic of China

Article 192:Where fraudulent methods are used to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, a sentence of between three and seven years imprisonment is to be given, and where the amount is huge or there are other serious circumstances, a sentence of seven or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Article 266:Where public or private property is defrauded and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a single fine is given where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given, and where the amount of the fine is especially huge or there are other especially serious circumstances, a sentence of not less than 10 years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

Legal analysis: Illegal arbitrage of national agricultural machinery subsidies to commit fraud.

According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" (December 16, 1996), it is stipulated that if an individual defrauds public or private property of more than 3,000 yuan, it is a "relatively large amount"; Where an individual defrauds public or private property of more than 30,000 yuan, it is a "huge amount".

Legal basis: Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

Legal analysis: The crime of fraud, in which an individual defrauds public or private property of more than 500,000 yuan, is a particularly huge amount of fraud. The particularly large amount of fraud is an important part of determining that the crime of fraud is "particularly serious", but it is not the only circumstance.

Where the amount of fraud is 30,000 yuan or more, and there are any of the following circumstances, it should also be found to be a particularly serious circumstance.

Legal basis: Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

Illegally obtaining state agricultural machinery subsidies constitutes the crime of fraud and is punished as the crime of fraud. A sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine for non-reserve purposes is to be given.

where the amount involved is huge, a sentence of between three and ten years imprisonment is to be given; where the amount is especially huge, the sentence is to be 10 or more years imprisonment or life imprisonment.

The crime of fraud refers to the use of fictitious facts or methods to conceal the truth for the purpose of illegal possession to defraud a relatively large amount of public or private property.

Legal basis] Article 266 of the Criminal Law, where the amount of fraud in public or private property is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given;

where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. If there are other provisions in this Morning Sail Law, follow the provisions.