How to convict the evasion of highway tolls, and how to punish the evasion of highway tolls

The regulations for evading highway tolls vary from province to province, taking Fuyuan County as an example, evading highway tolls will be fined less than 5 times the toll.

The notice of the people of Fuyuan County on further standardizing the toll order of the Fahuang secondary highway stipulates:

Article 2 The majority of drivers should consciously abide by laws and regulations and pay vehicle tolls according to regulations. For evasion, refusal to pay, or underpayment of vehicle tolls, a fine of less than 5 times the toll fee shall be imposed in accordance with the "Yunnan Provincial Toll Road Management Regulations";

Those who deliberately block the crossing, forcibly punch the card, insult and beat the toll collection staff, destroy the toll collection facilities or have other behaviors that disrupt the order of toll collection shall be punished by the public security organs in accordance with law;

If the circumstances are serious, it shall be severely punished in accordance with the provisions of the Provincial High People's Court, the Provincial High People's Procuratorate, and the Provincial Public Security Department's "Opinions on Several Issues Concerning the Application of Law in Handling Cases of Illegal and Criminal Cases of Evading Toll Road Vehicles" (Yungao Fa Fa 2008 No. 3).

The regulations for evading highway tolls vary from province to province, taking Guangdong Province as an example, a fine of between 200 yuan and 1,000 yuan will be imposed.

According to the "Guangdong Provincial Expressway Network Toll Management Measures":

Article 24 If a highway user has any of the following circumstances, the competent department of transportation of the people's people at or above the county level shall order him to make up the payment, and may be fined not less than 200 Yuan but not more than 1,000 Yuan:

1) Change the information of the highway network toll card;

2) Replace the highway network toll card;

c) Counterfeit free vehicles.

If the highway network toll card is lost or damaged, it shall also compensate for the cost of the toll card in accordance with the standards stipulated by the provincial people's competent department.

25th ** competent authorities, settlement agencies, highway management units of the staff abuse of power, dereliction of duty, favoritism, in accordance with the relevant provisions of the corresponding sanctions; where a crime is suspected, it shall be transferred to the judicial organs for handling in accordance with law.

There is no relevant crime in the Criminal Law, and the criminal principle of non-punishment is not expressly provided for in the Criminal Law, and the act of evading highway tolls cannot be found to constitute a crime. The evasion of highway tolls violates the rules and regulations governing the highway and is an administrative violation.

In general, China's highway toll is not the first behavior, and the fees charged are neither taxes nor administrative fees, but the service fees charged to the owners of the business nature for the provision of highway services for vehicles.

Regarding the category of toll highways, according to the provisions of Article 10 of the Regulations on the Administration of Toll Roads, toll roads are divided into two types: one is the first loan repayment road, that is, the local people's transportation department at or above the county level uses loans or funds raised from enterprises and individuals to build the road; The second is the commercial highway, that is, the highway invested and constructed by domestic and foreign economic organizations or transferred the right to repay the highway toll in accordance with the provisions of the Highway Law.

At the same time, according to the provisions of Article 11, commercial highways shall be constructed, operated, and managed by highway enterprise legal persons established in accordance with the law. Even if it is a highway for loan repayment, it should be charged in accordance with the principle of separating government affairs from government affairs through the establishment of a special non-profit-making legal person organization. Both of these types of road toll collection subjects are enterprises rather than **.

At the time of toll collection, ** loan repayment highway operators need to issue bills printed by the provincial finance department, and commercial highway operators need to issue bills issued by the provincial tax department.

Article 44 of the Shandong Provincial Expressway Regulations also stipulates that expressway operating enterprises shall declare and pay taxes to the tax authorities in accordance with the regulations. In the latter case, it is clear that it is a service charge for enterprises. In the former case, although the toll collection is managed by the financial department, on the one hand, the toll is ultimately used to repay the road loan, and on the other hand, the subject of the toll collection is still the enterprise, but the enterprise is not for profit.

Therefore, the former toll is to recover the investment (debt) in highway construction through the market-oriented operation of the highway, and it also has a certain business nature in nature, which is obviously different from the administrative fee.

Evading the national highway toll is suspected of fraud. Evading national highway tolls is suspected of fraud, and the amount is huge, and it will be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. When there is an act that disrupts the order of toll road operation and management, the toll road operator shall promptly report to the public security organ, and the public security organ shall deal with it in accordance with law.

Toll road operators and managers have the right to refuse to pay vehicle tolls that should be paid in accordance with the law but refuse to pay, evade or underpay vehicle tolls, and require them to pay the vehicle tolls that should be paid. No one shall deliberately block toll crossings, force Dancong to rush cards, beat toll road managers, destroy toll facilities, or engage in activities that disrupt the order of toll road operation and management in order to refuse, evade, or underpay vehicle tolls. When the act of disrupting the order of toll road operation and management occurs, the toll road operator shall promptly report to the public security organ, and the public security organ shall deal with it in accordance with law.

Legal basisArticle 99 of the Road Traffic Safety Law of the People's Republic of China.

Any of the following acts, by the traffic management department of the public security organs shall impose a fine of not less than 200 yuan but not more than 2,000 yuan:

1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;

2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;

3) A traffic hit-and-run causing minor injuries to a person, causing a traffic accident and then escaping, does not constitute a crime;

4) The motor vehicle exceeds the speed limit by 50%;

5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;

6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;

7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;

8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.

Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances of items 1, 3, or 5 through 8, they may be detained concurrently for up to 15 days.

Article 266 of the Criminal Law of the People's Republic of China.

Fraud] Where 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 analysisWhere an individual evades a toll of 2,000 yuan or more, it is a "relatively large amount" and is generally sentenced to up to three years imprisonment; where it is more than 30,000 yuan, it is a "huge amount", and a sentence of between three and ten years imprisonment and a concurrent fine. The charging standards for slag modification are generally considered from the following aspects: (1) the total amount of project investment and the composition of its investment; (B) the professional department of the highway and toll station in the medium, long-term and long-term traffic flow of the first data; the number of years of the fee to be approved; (3) The price of the country and region during the charging period; (4) The trend of changes in the capital market and the trend of changes in the interest rate of bank loans; (5) The level of regional economic development, the benefits obtained by car owners driving on highways, social affordability, etc.

The toll period of operating toll roads is generally not more than 30 years.

Legal basisCriminal Law of the People's Republic of China Article 210 Whoever steals special VAT invoices or other invoices that can be used to fraudulently obtain export tax rebates or tax deductions shall be convicted and punished in accordance with the provisions of Article 264 of this Law. Anyone who uses deceptive means to fraudulently obtain special VAT invoices or other invoices that can be used to fraudulently obtain export tax rebates or tax deductions shall be convicted and punished in accordance with the provisions of Article 266 of this Law. Article 210-1 Clearly knowing that invoices are forged, and the amount is relatively large, is to be sentenced to up to two years imprisonment, short-term detention or controlled release, and a concurrent fine; where the amount is huge, the sentence is between two and seven years imprisonment and a concurrent fine.

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.

Evading a certain amount of highway tolls will be characterized as theft.

There is such a case, there is an online car-hailing car in Li County, Changde City, taking advantage of the time difference between the toll pole and the pole to release the way, tailgating behind other cars to quickly break through, passing the customs in confusion, and evading the highway toll. In one year, he evaded tolls 349 times and escaped more than 10,000 yuan in tolls. At present, the driver of the car is under criminal detention on suspicion of theft.

Hello, the lawyer is at your service.

Evading a certain amount of highway tolls will be characterized as theft.

Questions. What is the crime of an overloaded truck breaking the protective net from the sidewalk in order to evade fares, driving a certain distance on the highway and then getting off the highway from the sidewalk?

The amount evaded reaches more than 3,000 yuan, which constitutes the crime of fraud.

Criminal Law Article 266 [Crime of Fraud] Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to up to three years imprisonment, 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.

Legal analysis: It is necessary to convict and sentence according to the amount of fee evasion. where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years is to be given, 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.

Legal basis: "Criminal Law of the People's Republic of China" Article 266 Fraud of public or private property, where the amount is relatively large, is to be sentenced to up to three years imprisonment, 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 three and ten years imprisonment is to be given, and a concurrent penalty is 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.

Summary. Evading the national highway toll is suspected of fraud.

Criminal Law of the People's Republic of China.

Article 266: [Crime of Fraud] Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to up to three years imprisonment, 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 convict the evasion of highway tolls.

Evading the national highway toll is suspected of fraud. Article 266 of the Criminal Law of the People's Republic of China [Crime of Fraud] Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of up to 3 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.

If the cost of evasion is not too high, and the fine is paid, you can apply for release on bail pending trial.

Evasion of highway tolls, suspected of fraud.

Determination of the sentence amount for the crime of fraud:

1. If the fraud is less than 4,000 yuan, it is a fine;

where more than 5,000 yuan is less than 5,000 RMB, it is a controlled release;

RMB, it is three months of short-term detention, and for each additional 1,670 yuan, the sentence is increased by one month;

where it is 10,000 yuan, it is six months imprisonment, and for each additional 1,000 yuan, the sentence is increased by one month.

The sentencing criteria for the crime of fraud are as follows:

1. The act of defrauding a large amount of public property to hold private property. where this crime is committed, the sentence is 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 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 life imprisonment is to be given.

Elements of the crime of fraud:

1. Object element: the object of infringement is the ownership of public or private property; Slow down the void.

2. Objective elements, which are objectively manifested in the use of fraudulent methods to defraud a relatively large amount of public or private property;

3. The subject 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 a crime;

4. In the subjective aspect, it is directly intentional and has the purpose of illegally occupying public or private property.

The evidence obtained for the crime of fraud is as follows:

1. Provide clues to solve the case;

2. Characteristics of the suspect;

3. The amount of the defrauded person;

4. How to deliver the property;

5. The suspect's fraud methods;

6. Specific details can be written into the report materials to lay the foundation for solving the case in the future.

To sum up, the evasion of national highway tolls is suspected of fraud, and the huge amount will be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. It is recommended to entrust a lawyer to intervene as soon as possible, and strive for a lighter punishment from a legal point of view.

Legal basis

Article 266 of the Criminal Law of the People's Republic of China.

Fraud] Fraud of public or private property, where the amount is relatively large, is to be sentenced to up to three years imprisonment, 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.