How to sentence for defrauding state subsidies, and how to sentence for defrauding state subsidies

Fraud. Article 266 of the Criminal Law of the People's Republic of China: "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. ”

The basic structure of this crime is as follows: the perpetrator commits fraud for the purpose of illegal ownership, the victim has a misunderstanding, the victim disposes of property based on the misunderstanding, the perpetrator obtains property, and the victim suffers property losses.

The document on the eight types of property infringement stipulates that: with regard to the criteria for determining the amount of fraud (calculated in RMB), the relatively large amount is more than 3,000 yuan; the amount is huge, more than 50,000 yuan; The amount is particularly huge, more than 200,000 yuan.

It also stipulates that the amount is an important criterion for determining the crime of violating property, but it is not the only criterion. In addition to the number of assets violated, a comprehensive analysis shall also be conducted on the basis of other specific circumstances of the crime, as well as the suspect's admission of guilt and expressions of remorse, and so forth, to correctly convict and sentence.

Articles 114 and 126 of the "Regulations" respectively stipulate the acts of fraudulently obtaining state financial appropriations, tax refunds or subsidies and other violations of discipline and law in the financial and economic fields, both of which are stipulated in Chapter 11 of the "Regulations" in the violation of financial and economic discipline, the object of infringement is the same kind of object, both are the state financial and economic management system, and the objective aspects of the acts also violate financial and economic discipline and have a similar nature. The difference is that Article 126 of the "Regulations" is a catch-all clause, and there is a complementary and supplemental relationship between this clause and other provisions stipulated in Chapter 11 of the "Regulations", that is, if the conduct does not meet the constitutive elements of various specific disciplinary violations stipulated in the Chapter, but there are still elements of financial violations, it may be dealt with in accordance with the Article.

Where public or private property is defrauded on the basis of the laws of our country, and the amount is relatively large, the sentence is 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 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: Article 1 of the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" provides that where public or private property is defrauded with a value of 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be "a relatively large amount", "a huge amount", or "an especially huge amount" as provided for in article 266 of the Criminal Law.

The sentencing for defrauding state subsidies is as follows: Fraudulently obtaining state subsidies constitutes the crime of fraud. According to the provisions of the Criminal Law of the People's Republic of China, 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, the sentence is to be 10 or more years imprisonment or life imprisonment, and a fine or confiscation of property is to be given.

Where this Law provides otherwise, follow the provisions of the Sail Judgment. Article 266 of the Criminal Law of the People's Republic of China.

For a country, having a relatively good state subsidy policy means that the country is constantly improving. Only with progress can we be responsible for our own people. However, there are some people who will directly defraud the state of the cave to subsidize it.

Fraudulent state subsidies have been convicted of fraud and are punishable by imprisonment.

Legal basisArticle 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 in which the amount is returned, 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: If the amount reaches 3,000 yuan or more, then the standard for filing a case of fraud is met, and Suihao will be punished according to the crime of fraud. On the basis of relevant laws and regulations, 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.

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 number of people in the family 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; where the amount is especially huge or there are other especially serious circumstances, the sentence is to be 10 or more years imprisonment or life imprisonment, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.