Is it an offence to impersonate an employee of a State agency?

Impersonating the identity or title of a staff member of a state organ is suspected of the crime of swagger and fraud. In practice, some criminals often pretend to be public security officers, Birang Customs investigators, industrial and commercial personnel, tax collectors, and other state functionaries to extort money from others.

Impersonating a State official constitutes the crime of solicitation and deception. The crime of swagger and deception refers to the act of impersonating the identity or professional title of a staff member of a state organ to commit fraud and harm the prestige of a state organ or its normal activities in order to obtain illegal benefits. The constitutive elements of the crime of solicitation and deception are as follows:

1. The object of the infringement is the prestige of the state organ and its normal activities;

2. Objectively manifested as the perpetrator has the identity or title of impersonating a staff member of a state organ to commit fraud;

3. The subject of the crime is a general subject, that is, any person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can become;

4. In the subjective aspect, it can only be intentional, and the purpose of the crime is to seek illegal benefits.

1. What is the crime of solicitation and fraud?

The crime of swaggering and deception is a criminal act of impersonating the identity of a staff member of a state organ, and the crime of swindling refers to impersonating the identity or title of a staff member of a state organ for the purpose of seeking illegal benefits, committing fraud, and harming the prestige of a state organ.

letter and its normal activities.

The criteria for filing a case for the crime of solicitation and deception.

According to article 279 of the Criminal Law, a case shall be filed if a person pretends to be a state worker.

This crime is an act offender, and as long as the perpetrator pretends to be a state functionary to deceive, in principle, it shall be punished as a crime, and a case shall be filed and investigated.

Sentencing standards for the crime of solicitation and deception.

Those who commit this crime are to be sentenced to up to 3 years imprisonment, short-term detention or controlled release, and if the circumstances are serious, they are to be sentenced to between 3 and 10 years imprisonment;

Those who pretend to be people's police to swindle and deceive are to be given a heavier punishment in accordance with the above provisions.

In accordance with the provisions of article 279 of the Criminal Law, the crime of solicitation and deception shall be punished according to the severity of the crime in two sentencing ranges:

(1) where the crime of solicitation and deception is constituted, a sentence of up to 3 years imprisonment, short-term detention, or controlled release is to be given;

Second, where the circumstances are especially serious, the sentence is to be between 3 and 10 years imprisonment. Serious circumstances refer to consistently swaggering or swindling to commit crimes, and the impact is extremely bad; Those who refuse to change their ways: the means of committing crimes are particularly despicable; where the consequences are serious, as well as those with other serious circumstances.

Those who pretend to be people's police to swindle and deceive are to be given a heavier punishment.

The crime of solicitation and deception refers to the conduct of impersonating the identity or title of a staff member of a state organ to commit fraud and harm the prestige of a state organ or its normal activities in order to obtain illegal benefits.

Article 279 of the Criminal Law: Whoever pretends to be a staff member of a state organ to deceive is sentenced to up to three years imprisonment, short-term detention, or controlled release; where the circumstances are serious, the sentence is between three and ten years imprisonment.

Those who pretend to be people's police to swindle and deceive are to be given a heavier punishment in accordance with the provisions of the preceding paragraph.

2. What is the crime of solicitation and deception?

According to article 279 of the Criminal Law of the People's Republic of China, the crime of solicitation and deception refers to the act of impersonating the identity or title of a staff member of a state organ to commit fraud and damage the prestige of a state organ and its normal activities in order to obtain illegal benefits.

The subject of this crime is the general subject orange imitation, that is, any person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can become the subject of this crime, and both non-state functionaries and state functionaries can constitute this crime.

Legal Analysis: It constitutes the crime of impersonating a staff member of a state organ to deceive.

Legal basis: Criminal Law of the People's Republic of China Article 279: The crime of solicitation and deception refers to the conduct of impersonating the identity or title of a staff member of a state organ for the purpose of seeking illegal benefits, and harming the prestige of the state organ and its regular activities. Whoever commits this crime shall be sentenced to imprisonment for not more than 3 years, short-term detention, controlled release, or deprivation of political rights.

where the circumstances are serious, the sentence is between 3 and 10 years imprisonment. The so-called "serious circumstances" generally refer to the following situations: repeatedly engaging in swagger and deception; The illegal benefits obtained by swagger and deception are huge; causing serious consequences such as mental disorder or suicide of the deceived person, or heinous political impact; Wait a minute.

Those who pretend to be people's police to swindle and deceive are to be given a heavier punishment in accordance with the above provisions.

Legal analysis: The key to showing off and deceiving by impersonating state employees with fake identities lies in "cheating", such as defrauding money, love, positions, honors, etc., so as to obtain illegal benefits, which constitutes the crime of swaggering and defrauding, and the public security organs will file a case for prosecution; If the act of impersonating a state employee and threatening others to hand over property is suspected of constituting the crime of extortion or robbery, the procuratorate shall accept and investigate.

Legal basis: "Criminal Law of the People's Republic of China" Article 279 Whoever pretends to be a staff member of a state organ to swindle and deceive is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights; where the circumstances are serious, the sentence is between three and ten years imprisonment.

Those who pretend to be people's police to swindle and deceive are to be given a heavier punishment in accordance with the provisions of the preceding paragraph.