Is it enough to deliberately cover up and embezzle a huge amount of inheritance?

The crime of fraud refers to the use of fictitious facts or methods to conceal the truth for the purpose of illegal possession to defraud a relatively large amount of public or private property.

Article 266 of the Criminal Law 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.

If it is for the purpose of illegal possession, deliberately concealing the information of the estate and placing it under one's own control, it undoubtedly constitutes the crime of fraud.

If he is the heir or executor of the estate, and has the right or obligation to manage the estate, it may constitute the crime of embezzlement.

Article 270 of the Criminal Law stipulates: "Whoever illegally takes possession of another person's property in custody for himself, and the amount is relatively large, and refuses to return it, shall be sentenced to fixed-term imprisonment of not more than two years, short-term detention or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.

Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

This crime shall be dealt with only if it is told. ”

If concealment and embezzlement occur at the same time, they will be dealt with in accordance with the law in accordance with the competition or absorption of crimes, and one of the felonies will be convicted, and will not constitute fraud and embezzlement at the same time. However, since the last paragraph of the crime of embezzlement stipulates that "only those who are told will be dealt with", it can be seen that the crime of embezzlement is a private prosecution case, which only infringes on the legal interests of a specific subject, and the harm to society is small, and the punishment is relatively light. Therefore, a felony may be dealt with as a fraud offence.

If it is a dispute between heirs, it is a civil case, and you have to go to the court to sue yourself.

Sometimes I really want someone to accompany me; m

Legal analysis: it is illegal to embezzle the inheritance, and the consequence is that if the heir has embezzled the inheritance, it is possible to divide the inheritance with little or no division in the end, and it needs to be divided by the court; Those that have been privately embezzled may also be preserved and frozen. According to the relevant laws and regulations, the heirs shall handle the inheritance issue through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity.

The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

Legal basis: Civil Procedure Law of the People's Republic of China, Article 100: In cases where it may be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's court may, upon the application of the other party, rule to preserve the party's property, order it to do certain acts, or prohibit it from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.

The consequences of embezzlement of the estate are: loss of inheritance rights and a small share of the inheritance. According to the Interpretation (1) of the Supreme People's Court on the Application of the Part of Inheritance, if the heir embezzles the inheritance privately, the people's court may reduce the inheritance as appropriate.

[Legal basis].

Article 1125 of the Civil Code of the People's Republic of China.

If the heir commits any of the following acts, he or she shall lose the right of inheritance:

1) Intentionally killing the decedent;

2) killing other heirs for the purpose of competing for an inheritance;

3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

4) Falsifying, tampering with, concealing, or destroying a will, where the circumstances are serious;

5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious.

Where the heirs have the acts in items 3 through 5 of the preceding paragraph, and have truly shown repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights.

Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.

Article 43 of the Interpretation (1) of the Supreme People's Court on the Application of the Inheritance Section.

The people's courts may, as appropriate, reduce the amount of inheritance that should be inherited by heirs who intentionally conceal, embezzle, or compete for inheritance.

Embezzlement of inheritance may constitute the offence of misappropriation. If the crime of embezzlement is constituted, the sentence is not more than two years imprisonment, short-term detention or a fine, and if the amount is huge, or if the amount is huge, or if there are other serious circumstances, the sentence is between two and five years imprisonment and a concurrent fine.

Legal basis: Article 270 of the Criminal Law of the People's Republic of China stipulates that anyone who illegally takes possession of other people's property in custody for himself, and the amount is relatively large, and refuses to return it, shall be sentenced to fixed-term fixed-term imprisonment, short-term detention or a fine of not more than two years; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.

Where the forgotten items of others or buried items in the shed are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

This crime shall be dealt with only if it is told.