Determination of the Amount in Fraud Cases
DOI:
https://doi.org/10.54097/vcvwv388Keywords:
Fraud crime, Amount determination, Objective economic valueAbstract
With social development, new types of fraud and emerging payment methods have appeared, causing certain problems in the application of traditional rules for determining amounts in fraud cases. Therefore, it is necessary to further explore the determination of amounts in fraud crimes. This article reviews the theories and legal provisions on the determination of amounts in fraud crimes both domestically and internationally, then points out the deficiencies in existing theories and provisions through case analysis, and finally proposes that when considering the determination of property losses in fraud crimes, the victim's subjective intentions should be taken into account, and the determination of amounts arising from payment methods requires case-by-case analysis.
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References
[1] Chu Huaizhi, Walking Along with the Development of Chinese Criminal Law, Procuratorial Daily, 2021(06).
[2] Zhang Mingkai. On Property Loss in Fraud [J]. China Legal Science, 2005 (5).
[3] Luo Kaijuan. On the Determination of Fraud Amount and Cost Deduction. People's Court Daily, 2024(3).
[4] In 'Criminal Case Litigation Review,' such a case is mentioned: Defendants Xie and Shen, in order to seek profit, carried out a series of training activities for relevant units. They issued notices under the guise of a government training center, deliberately using terms commonly found in official documents, such as 'publicity and implementation class,' and coupled with the professional nature of the training notification content, this led the relevant units to mistakenly believe that such training classes were mandatory, and therefore they participated and paid the fees.
[5] Du Yu, Wen Qianwen. On the Rules for Determining Property Loss in Fraud Crime and Their Hierarchical Relationship [J]. Politics and Law, 2020, (09): 38-57. DOI: 10.15984/j.cnki.1005-9512.2020.09.004.
[6] Zhu Tiejun.Interpretation of the Connotation of Fraud Crime Amounts—Thoughts Caused by a 2 Yuan Handling Fee [J]. Journal of Jiangxi Police College, 2007(1):86-89.
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