I. Amounts of fraud that can be committed (i) relevant provisions of the penal code
Article 266 of the penal code: fraud against public or private property in a large amount shall be punishable by imprisonment for a term not exceeding three years, by detention or control, and by a fine or a single fine; if it is substantial or in other serious circumstances, it shall be punishable by imprisonment for a term not exceeding three years and not exceeding ten years and by a fine or confiscation of property; if it is particularly large or other particularly serious circumstances, it shall be punished by imprisonment for a term not exceeding ten years or life imprisonment. If otherwise provided by this act, in accordance with it。
(ii) provisions relating to judicial interpretation
Interpretation of the supreme people's court and the supreme people's procuratorate on a number of issues concerning the specific application of the law in criminal cases of fraud
Article 1. Frauds against public or private property valued at between $3,000 and more, $30,000 and $100,000 and $500,000 shall be deemed to be, respectively, “larger”, “larger” and “specially large” under article 266 of the penal code。
The higher people's courts and the people's procuratorates of the provinces, autonomous regions and municipalities directly under the central government may jointly study the criteria for determining the amount to be implemented in the region, taking into account the economic and social development situation of the region, within the amount specified in the preceding paragraph, and file a report with the supreme people's court and the supreme people's procuratorate。
(iii) analytical interpretation
According to the formulation of the penal code, it can be made clear that fraud can be established only if the “larger amount” criterion is met。
According to the judicial interpretation, the criteria for the establishment of a “larger amount” of fraud offences are not uniform in the provinces, autonomous regions and municipalities directly under the central government。
However, the judicial interpretation specifies an approximate range of “3,000 to more than 10,000 dollars”, which is the statutory scope of the fraud standard。
The criteria for setting up a case are to be determined by the local courts or the public prosecutor's office, depending on the economic and social development of the country's provinces, autonomous regions and municipalities。
Ii. Requirements for filing standards for fraud offences in different provinces and municipalities (i) requirements for filing standards for fraud offences in shanghai
According to the " opinion of the shanghai city people's government on the criteria for the specific amount of the crime of fraud in the city " , individual fraud of public or private property of more than $4,000 is “larger”。
(ii) henan province's standard for filing fraud cases
In accordance with the provisions of the henan provincial high people's court and the henan provincial people's procuratorate on the criteria for determining the amount of fraud committed in our province, fraud of public and private property is valued at $5,000 and should be considered as the starting point for “larger amounts” under article 266 of the criminal code, respectively。
(iii) the hunan province's requirement for specific amounts for fraud
According to article 266 of the hunan province opinion on the criteria for determining the amounts of eight property crimes in our province, the starting point for fraud of public and private property is $5,000
Summary
A summary of the amount of fraud that can be filed. The scope of the criteria for filing a case under the provisions of the penal code is between $30 and $10,000, while the criteria for filing a case under the regulations of the provinces and municipalities of the country may exceed $5,000。
As a result, in fraud cases, fraud exceeding the threshold of $5,000 would exceed the threshold of $10,000。
