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Legal analysis: In real life, there are many cases of adults coaxing children, which are basically within the scope of morality, and the law does not interfere. If you defraud money from a child, and the amount is scattered and the amount is relatively large, and the minimum amount reaches more than 2,000 yuan, it constitutes the crime of fraud.
If the purpose of trafficking is achieved through deception, the crime of child trafficking is constituted. Of course, parents in the family who cheat on their children should not be punished as a crime.
Legal basis: "Criminal Law of the People's Republic of China" Article 262: Whoever abducts a minor under the age of 14 is abducted and separated from his family or guardian and is sentenced to up to five years imprisonment or short-term detention. where the entrapment of a child constitutes the crime of child entrapment, the sentence is between 5 and 10 years imprisonment and a concurrent fine; where the circumstances are serious, Zhengxiang is to be sentenced to fixed-term imprisonment of more than 10 years or not to clear the term of imprisonment, and a concurrent fine or confiscation of property
where the circumstances are especially serious, the sentence is death and confiscation of property.
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In real life, there are many cases of adults coaxing children, which are basically within the scope of morality, and the law does not interfere. If you defraud money from a child, and the amount is relatively large, and the minimum amount reaches more than 2,000 yuan, it constitutes the crime of fraud. If the purpose of trafficking is achieved through deception, the crime of child trafficking is constituted.
Of course, if parents deceive their children in the family, it is not appropriate to treat them as crimes.
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Violate the law. If you defraud money from a child, and the amount is relatively large, and the minimum amount is more than 2,000 yuan, it constitutes the crime of fraud. If the purpose of trafficking is achieved through deception, the crime of child trafficking is constituted.
Where, on the basis of relevant provisions, the crime of child abduction abducts minors under the age of 14 and separates them from their families or guardians, is to be sentenced to up to five years imprisonment or short-term detention. where the entrapment of a child constitutes the crime of child entrapment, the sentence is between 5 and 10 years imprisonment and a concurrent fine; where the circumstances are severe, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property
where the circumstances are especially serious, the sentence is death and confiscation of property.
We can understand that it is illegal to deceive children, and according to the law, if such a situation occurs, they will be sentenced, and there are relevant provisions in the law, I hope you understand.
Legal basis
Article 262 of the Criminal Law.
Crime of child abduction abducting minors under the age of 14 and separating them from their families or guardians is to be sentenced to up to five years imprisonment or short-term detention.
Where the entrapment of a child constitutes the crime of child entrapment, the sentence is between 5 and 10 years imprisonment and a concurrent fine. where the circumstances are serious, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property: where the circumstances are especially serious, the sentence is to be death, and confiscation of property is to be given.
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Article 274 of the deception of a three-year-old child with the intent to extort property from 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; where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given.
How to sentence a three-year-old child with the intention of extorting money.
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Defrauding a three-year-old child with the intent to extort property Article 274: Extortion 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; Where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given.
The Supreme People's Court's "Provisions on Issues Concerning the Criteria for Determining the Amount of the Crime of Extortion" hereby provide the following standards for determining the amount of the crime of extortion on the basis of article 274 of the Criminal Law: 1. The "relatively large amount" of public or private property extorted is to start from 1,000 to 3,000 RMB; 2. Extortion of public and private groups to disrupt and grind property "huge", starting from 10,000 to 30,000 yuan. The high people's courts of each province, autonomous region, or directly governed municipality may, on the basis of the actual conditions in their respective regions, and within the range of amounts described above, research and determine the specific standards for the amount of "relatively large amounts" and "huge amounts" enforced for the crime of extortion and extortion in that region, and report to the Supreme People's Court for the record.
Legal Analysis: Extortion refers to the act of forcibly extorting public or private property from the victim by threatening or coercing the victim for the purpose of illegal possession. The crime of extortion is an important crime against property, which is objectively manifested in the perpetrator's use of coercion, coercion, intimidation, and other means to force the victim to hand over and hand over property.
The subject of this crime is a general subject. Any natural person who has reached the legal age of criminal responsibility and has the capacity to bear the responsibility of criminal instability can constitute this crime. This crime is manifested in the subjective aspect as direct intent, and must have the purpose of illegally extorting property from others.
If the perpetrator does not have such a purpose, or the purpose of soliciting the property is not illegal, such as the creditor uses certain threatening language to urge the debtor to speed up repayment in order to repay the debt that has not been repaid for a long time, it does not constitute the crime of extortion.
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It is illegal for a minor child to defraud a minor child of money.
Legal analysis. According to relevant laws and regulations, minors often cheat money, and if the cumulative amount is large, it is a crime, but for minors, they need to be punished according to relevant laws, so as to prevent further crimes by minors. If the number of crimes is large and the cumulative amount is large, but where a person between the ages of 14 and 18 commits the crime, the punishment shall be mitigated or commuted.
The mitigating sentence referred to here is the lower limit of the statutory sentence; The mitigating sentence referred to here is the next level of the statutory sentence, and if the sentence should be more than five years, the actual sentence is not more than five years of probation. where criminal punishment is not given because they are under the age of 16, the parents or guardians are to be ordered to discipline them; When necessary, it can also be placed in custody and disciplined by **. The "necessary time" referred to here refers to the time when there is no one to discipline the family or when the parents or other guardians lack the ability to discipline, or when the masses, or grassroots organizations, residents' committees, or villagers' committees strongly request that they be taken into custody and re-education, from the perspective of social protection, they may be taken into custody and re-education.
In cases of repeated fraud and theft of property, the amount of the crime is not determined by the amount of money at the time of arrest, but by the amount of each crime, and the final accumulated amount is determined to be the amount of the crime.
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, 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.
Article 49 of the Law of the People's Republic of China on Buried Bending Penalties of the Public Security Administration Authority: Anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
However, if it is simply deceiving others, and there is no suspicion of infringing on other people's property, then this kind of behavior does not violate the law.
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It is an offence, but the child is not responsible because he has not reached the age of criminal responsibility. Thank you.
Citizens of the People's Republic of China have the right to compulsory education in childhood, and it is illegal to deny children to school and deprive them of the right to education.
The mother is mentally sane and commits the crime of abandonment.