Xuzhou was cheated to do pyramid schemes, involving an amount of 511,111 yuan. How much will he be sentenced?
Article 266 of the Criminal Law
Whoever cheats public or private property with a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 11 years or life imprisonment, and shall be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (which came into effect on April 8, 2111), those who defraud public or private property with a value of 3,111 to 11,111 yuan or more, 31,111 to 111,111 yuan or more, and 511,111 yuan or more shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law respectively. How many years will you usually be sentenced for car theft involving 1.2 million yuan
It depends on the specific circumstances, usually about 11 years, but there are exceptions. If you are satisfied with the answer, please click to adopt. * * * Six cases of the same crime, involving an amount of 61,111 yuan, how long will they be sentenced?
it's hard to judge. It depends on the specific charges. Robbery, fraud, financial fraud and theft are all different.
What's the charge? If you are suspected of theft, robbery, fraud and other crimes, the amount is huge, and you will be sentenced to 3-11 years in prison. How long will it take to lead a pyramid scheme involving 31 million yuan?
The content of the article "Crime of organizing and leading pyramid schemes" added in Criminal Law Amendment (VII) is that in the name of business activities such as selling goods and providing services, organizations and leaders require participants to obtain the qualification to join by paying fees or purchasing goods and services, and form a hierarchy in a certain order, directly or indirectly using the number of developers as the basis for remuneration or rebate, to induce and coerce participants to continue to develop others to participate. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined. If the amount of 31 million yuan involved in leading pyramid schemes is serious, it should be sentenced to fixed-term imprisonment of more than five years and fined. How many years will the auxiliary fraud case involve 61 million yuan in prison?
defrauding 61 million yuan, which is extremely huge, should be sentenced to fixed-term imprisonment of more than 11 years and life imprisonment.
the crime of fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal ownership → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers the loss of the property.
The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (which came into effect on April 8, 2111) stipulates that those who defraud public or private property with a value of 3,111 to 11,111 yuan or more, 31,111 to 111,111 yuan or more and 511,111 yuan or more shall be deemed as "a large amount" and "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law respectively.
Article 266 of the Criminal Law stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 11 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail. The crime of selling stolen goods involves a sum of RMB 1 million, and how many years are you sentenced to? How much is the fine?
according to the provisions of the criminal law, whoever constitutes the crime of concealing or selling stolen goods shall be sentenced to fixed-term imprisonment of not more than seven years, criminal detention or public surveillance, and shall also or only be fined.
Sentencing:
The sixth amendment to the Criminal Law stipulates that the maximum term of imprisonment for concealing or selling stolen goods is changed from three years to seven years.
amendment to sell stolen goods
: 19. Article 312 of the Criminal Law is amended to read: "Whoever knowingly conceals, transfers, purchases, sells on his behalf or conceals or conceals it by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "
Among them, "serious" means that the case involves theft, robbery, fraud or robbery of more than five motor vehicles or the total value reaches more than 511,111 yuan. He was arrested, but he was also arrested. Will he be sentenced?
The premise of sentencing must be an act that violates the Criminal Law of the People's Republic of China and should be investigated for criminal responsibility.
If you don't violate the Criminal Law, or if you violate the Criminal Law, you can not be investigated for criminal responsibility because the circumstances are extremely minor, you won't be sentenced. How much was he sentenced for defrauding insurance?
Paragraph 1 of Article 198 of the Criminal Law
According to the provisions of Paragraph 1 of Article 198 of the Criminal Law of China, an individual who commits the crime of insurance fraud, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 1,111 yuan but not more than 1,111 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 11 years, and shall be fined not less than 21,111 yuan but not more than 211,111 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 11 years, and shall also be fined not less than 21,111 yuan but not more than 211,111 yuan, or his property shall be confiscated.
Paragraph 3 of Article 198 of the Criminal Law
Paragraph 3 of Article 198 of the Criminal Law stipulates that if a unit commits the crime of insurance fraud, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 11 years; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of more than 11 years.
implicated offender of insurance fraud
The outstanding feature of insurance fraud is that its criminal means may violate other crimes and constitute another independent crime, which is called implicated offender in criminal law theory. The so-called implicated offense refers to a criminal form in which the method or result of the act is to commit a certain crime and commit other crimes. It has the following characteristics: the purpose is to commit a crime; There are more than two criminal acts; There is an implicated relationship between several behaviors; Several acts must commit different crimes, that is, one crime or several crimes is the method or result of other crimes. As mentioned above, Article 198, paragraph 1 of China's Criminal Law stipulates five kinds of complex behaviors of insurance fraud by stating the crime. Among these complex behaviors, "defrauding insurance money" is the purpose behavior of insurance fraud, and the behavior before that is the method behavior of this crime. Therefore, to some extent, several behaviors listed in this crime may constitute implicated offense. What sentence will he be sentenced to?
He will be punished as an accomplice of theft.