According to Article 266 of the Criminal Law of the People's Republic of China, the crime of fraud refers to the use of deceptive methods for the purpose of illegal possession to defraud a relatively large amount of public or private property. The constituent elements of the offence include:
1.The perpetrator subjectively has the purpose of illegally taking possession of another person's property. This means that the perpetrator deliberately defrauds others of their property in order to mislead the other party into misunderstanding and dispose of the property for profit.
2.The perpetrator objectively committed the fraud. This includes deception such as fabricating lies, fabricating facts, and concealing the truth.
3.Fraud leads the other party into a misunderstanding and disposes of property for profit. This means that the other party has a misunderstanding because of the perpetrator's deception, and disposes of his property based on this misunderstanding.
4.The fraud resulted in a large amount of property loss to another person. The larger amount here is relative and needs to be determined on a case-by-case basis.
In practice, the determination of the crime of fraud requires a comprehensive judgment based on both subjective and objective aspects. If a person subjectively does not have the purpose of illegally taking possession of other people's property, and objectively does not commit fraud, then it cannot be found to be a crime of fraud. At the same time, if a person's fraudulent behavior does not cause the other party to fall into a misunderstanding and dispose of property for profit, or does not cause others to suffer a relatively large amount of property losses, it cannot be found to be a crime of fraud.
Article 266 of the Criminal Law of the People's Republic of China stipulates the punishment for the crime of fraud. Based on the severity of the circumstances, the perpetrator may be sentenced to fixed-term imprisonment, short-term detention, or a fine. At the same time, Article 266 of the Criminal Law of the People's Republic of China also stipulates the corresponding punishment principles for the joint crime of fraud.
In conclusion, the crime of fraud is a serious criminal act, which will not only lead to the loss of other people's property, but also have a negative impact on the integrity system of society. Therefore, the determination and punishment of the crime of fraud need to be carried out strictly in accordance with the law to ensure justice and fairness. At the same time, we should also strengthen publicity and education, enhance the public's awareness and ability to take precautions, and jointly maintain social stability and harmony.