How to sentence the crime of marriage fraud and how to determine the crime of marriage fraud

constitutes the crime of fraud.

Sentencing reference standards for the crime of fraud.

Reference point for the statutory base sentence of up to three years imprisonment, short-term detention, controlled release, or a single fine] 1) Where the fraud is less than 4,000 RMB, it is a fine; where between 4,000 and 5,000 RMB is a controlled release; where it is 5,000 RMB, it is three months of short-term detention, and for each additional 1,670 RMB, the sentence is increased by one month; where 10,000 yuan is to be sentenced to six months imprisonment, with each additional 1,000 yuan increasing the sentence by one month;

2) In any of the circumstances provided for in article 131, where a short-term detention sentence is to be given, the sentence is to be upgraded to fixed-term imprisonment; where a sentence of controlled release or a fine is to be given, it is to be upgraded to short-term detention.

Statutory base sentence reference point for fixed-term imprisonment of between 3 and 10 years] Where 40,000 yuan is defrauded, it is three years imprisonment, and for every 2,000 yuan added, the sentence is increased by one month.

Reference point for the statutory base sentence of 10 years or more imprisonment].

If 200,000 yuan is defrauded, the sentence is 10 years imprisonment, and the sentence is increased by one month for each additional 4,000 yuan.

Provisions on aggravated circumstances].

In any of the following circumstances, a heavier penalty of 10% is given:

1) The ringleader of the fraud group or the principal offender in the joint fraud crime where the circumstances are serious;

2) Habitual offenders or wandering offenders, causing serious harm;

3) Defrauding legal persons, other organizations, or individuals of urgently needed means of production, seriously impacting production or causing other serious losses;

4) Fraud of funds and materials such as for disaster relief, emergency rescue, flood control, preferential care, relief, or medical treatment, causing serious consequences;

5) Squandering fraudulent assets, making it impossible to return the fraudulent assets;

6) Using fraudulent property to carry out illegal or criminal activities;

7) Causing the victim's death, mental disorder, or other serious consequences;

8) The defendant has previously been sentenced for a crime or given an administrative punishment for fraud;

9) Committing fraud 10 or more times.

Probation Applicable Restrictions].

In any of the following circumstances, a suspended sentence is not applicable:

1) Failure to return or make restitution;

2) Failure to take the initiative to accept punishment for property punishment;

3) There are any of the circumstances provided for in Article 131.

There is no crime of marriage fraud under the Criminal Code.

Marriage fraud is only one type of fraud and is treated as the crime of fraud.

Not yet, there is the crime of fraud, the crime of bigamy,

Legal analysis: The so-called marriage fraud is not only to defraud marriage and feelings for harm, but also to defraud a large amount of property for the purpose of hurting the feelings of the other party and causing the loss of the other party's property. There is no crime of marriage fraud in our country, and the suspected crime of fraud in marriage fraud is found to be a crime of fraud if the following conditions are met:

1.Objectively, it is manifested in the use of fraudulent methods (fabricating facts or concealing the truth) to defraud a relatively large amount of public or private property. 2.

The perpetrator was subjectively intentional. 3.The main body is a general subject.

Legal basis: "Criminal Law of the People's Republic of China" 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 of a huge amount is to be given 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 ten 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.

First of all, there is no crime of "marriage fraud" in our law. If the amount of public or private property defrauded is relatively large, it constitutes the crime of fraud, and generally Yuanli Tong is less than three years with a period of orange tan, criminal detention or control.

Legal basis] Article 266 of the Criminal Law of the People's Republic of China stipulates: Whoever defrauds public or private property, and the amount 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. Where this Law provides otherwise, follow those provisions.

How to sentence, according to the current law, there is no crime of "cheating marriage". If the amount of public or private property defrauded is relatively large, the crime of fraud is constituted, and it is generally up to three years for a period of time, or, according to the amount and circumstances, the punishment is as follows: Article 266 of the "People's Republic of China" defrauds public or private property, and the amount is relatively large, the sentence is up to three years, short-term detention or controlled release, and/or severally; 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 a concurrent fine is to be given.

Where this Law provides otherwise, follow those provisions. 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", where an individual defrauds public or private property of more than 2,000 yuan, it is considered a "relatively large amount"; Where an individual defrauds public or private property of 30,000 yuan or more, it is a "huge amount". Where an individual defrauds public or private property of 200,000 yuan or more, the amount of fraud is particularly huge.

The particularly large amount of fraud is an important part of determining the "particularly serious circumstances" of the crime of fraud, but it is not the only circumstance. Where the amount of fraud is 100,000 yuan or more, and there are any of the following circumstances, it shall also be found to be "especially serious circumstances":

1) The ringleader of the fraud group or the principal offender in the joint fraud crime where the circumstances are serious;

2) Habitual offenders or wandering offenders commit serious harms;

3) Defrauding legal persons, other organizations, or individuals of urgently needed means of production, seriously impacting production or causing other serious losses;

4) Fraud in disaster relief, emergency rescue, flood control, preferential care, relief, or medical treatment, causing serious consequences;

5) Squandering fraudulent property, making it impossible to return the fraudulent property;

6) Using liquid socks to carry out illegal and criminal activities;

7) Those who have been criminally punished for fraud.

8) Causing the victim's death, mental disorder, or other serious consequences;

9) With other serious circumstances.

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 involved is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a high 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: First of all, there is no crime of "marriage fraud" in China's law. If the amount of public or private property defrauded is relatively large, it constitutes the crime of fraud, which is generally up to three years for a term of imprisonment, criminal detention or public surveillance.

Legal basis: Article 266 of the Criminal Law of the People's Republic of China provides: Whoever defrauds public or private property, and the amount is relatively large, is to 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.

Where this Law provides otherwise, follow those provisions.

The sentencing standard for the crime of marriage fraud should be determined according to the circumstances, as follows:

1. Whoever commits the crime of marriage fraud is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine;

2. Where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given;

3. 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.

Marriage fraud refers to the act of using marriage as a bait to defraud the other party of money, or to conclude a voidable marriage by deception.

1. How many years in prison for the crime of fraud.

The sentence for the crime of fraud shall be determined according to the actual situation, as follows:

1. Where the amount of public or private property defrauded 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;

2. Where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given;

3. 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.

The constituent elements of the crime of fraud are as follows:

1. The object of infringement of this crime is the ownership of public or private property;

2. This crime is objectively manifested in the use of fraudulent methods to defraud a relatively large amount of public or private property;

3. The subject of this crime is a general subject;

4. The crime is manifested intentionally in the subjective aspect. Check in.

2. How to sentence the crime of fraud.

The sentence for the crime of fraud is as follows:

1. Where the amount of public or private property defrauded 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;

2. Where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given;

3. Where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 years or more imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given.

The crime of fraud refers to the use of fabricating facts or concealing the truth for the purpose of illegal possession to defraud a relatively large amount of public or private property for early loss.

The act of one party deceiving the other party's trust by concealing the true situation, exaggeration, deception, etc., so as to marry the other party, can be found to be a fraudulent marriage. There is no provision for fraudulent marriage in Chinese law, but if the fraudulent marriage is for the purpose of defrauding the property of the deceived marriage and obtaining a certain amount of property by deception, it can be considered from the perspective of the crime of fraud.

Marriage fraud is a manifestation of the crime of fraud, and its constitutive conditions can be covered in accordance with the constitutive provisions of the Criminal Law of the People's Republic of China on the crime of fraud. The constituent conditions are:

1. The person who cheats the marriage must have reached the legal age of marriage, with the male at least 22 years old and the female at least 20 years old;

2. There are criminal facts;

3. Using deception, concealment, fabrication and other methods to achieve the purpose of cheating marriage;

4. The object of infringement is to deceive the other party by deception.

Constitutive conditions for the crime of fraud:

1. Object Element: The object of infringement of this crime is the ownership of public or private property. Some criminal activities, although they also use certain deceptive methods and even pursue certain illegal economic interests, because the object of their infringement is not or is not limited to the ownership of private property in the public state.

The object of the crime of fraud is limited to the property of the state, the collective or the individual, and not to defraud other illegal benefits. Loans from financial institutions should also be excluded. Article 193 of the Penal Code specifically provides for the offence of loan fraud.

2. Objective elements: This crime is objectively manifested in the use of fraudulent methods to defraud a relatively large amount of public or private property.

3. Subject Elements: The subject of this crime is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime.

4. Subjective element: This crime is subjectively manifested as direct intent and has the purpose of illegally taking possession of public or private property.

1. How to punish the crime of contract fraud?

Article 224 of the Criminal Law.

In any of the following circumstances, in the course of signing or performing a contract, the other party's property is obtained by fraud for the purpose of illegal possession, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention 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.

1) Signing a contract with a fictitious unit or fraudulently using the name of another person;

2) Secured by forged, altered, or invalidated bills or other false property rights certificates;

3) Where there is no actual ability to perform, and the other party is induced to continue to sign and perform the contract by first performing a small contract or partially performing the contract;

4) Fleeing after receiving goods, payment, advance payment or secured property from the other party;

5) Defrauding the other party's property by means of using their traces.