Traditional Culture Encyclopedia - Traditional culture - How to report commercial fraud?

How to report commercial fraud?

The parties to commercial fraud can report the case directly to the police station with evidence. The evidence of commercial fraud is as follows:

1. Physical evidence refers to all items and traces that prove the true situation of a case. Such as crime tools, stolen money, fingerprints, footprints, objects infringed by criminal acts, articles produced by criminal acts, etc., may expose the crime and capture the physical objects and traces of criminal suspects. The characteristics of material evidence are proved by its external characteristics, article attributes and existence conditions. Photographs and videos of material evidence shall be taken by at least two producers, accompanied by a written description of the production process and a description of the storage place of the original materials, and shall be signed or sealed by the producers. All the collected physical evidence should be properly kept, and no one can use it, let alone destroy it; Physical evidence that may cause environmental and spiritual pollution shall be preserved and disposed of in accordance with relevant regulations. Physical evidence that can be attached to a case shall be attached for preservation. When transferring a case, the material evidence shall be transferred together with the case file.

2. Written evidence. Documentary evidence refers to written materials or other material materials that prove the true situation of a case, record its contents and reflect its thoughts. Including chat records and transfer records;

3. Eyewitness testimony. Witness testimony refers to the statement made by the witness to the public security and judicial organs about the case he knows. Witness testimony is generally an oral statement, which is fixed by a written record; The case handler agrees that the written testimony written by the witness is also the testimony of the witness.

The forms of commercial fraud mainly include:

1. Sign a contract with a fictitious unit or in the name of others;

2, forged, altered, invalid bills or other false proof of property rights as a guarantee;

3. Without actual performance ability, defrauding the other party to continue to sign and perform the contract by first performing the small contract or partially performing the contract;

4. Escape after receiving the goods, payment, advance payment or secured property of the other party;

5. defrauding the property of the parties by other means.

Conditions that constitute contract fraud:

1, which is the intention of the actor to deceive the other party subjectively;

2. It is a deceptive act that objectively implements certain procedures;

3. It is to make the other party have the illusion of signing a contract;

What makes the other party suffer economic losses is the non-performance or incomplete performance of the contract.

Legal basis: Article 224 of the Criminal Law of People's Republic of China (PRC).

Under any of the following circumstances, it constitutes the crime of contract fraud. In the process of signing and performing a contract, the other party is defrauded of property for the purpose of illegal possession. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, 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 10 years or life imprisonment, and shall also be fined or confiscated:

(1) Signing a contract in the name of a fictitious unit or others;

(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates;

(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;

(4) After receiving the payment for goods, advance payment or secured property paid by the other party;

(5) defrauding the other party's property by other means.