What factors affect the sentencing for credit card fraud involving 500,000 yuan?
According to Article 196 of the Criminal Law of the People's Republic of China, credit card fraud with a particularly huge amount shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property. Judicial interpretations specify that the amount of 500,000 yuan or more is considered "especially huge" for credit card fraud cases.
Besides the fraud amount, the court will consider multiple factors when sentencing. These include the defendant's subjective malice (such as whether the fraud was premeditated), the means of fraud (e.g., using forged cards, stolen cards, or false identity information), and whether there are mitigating circumstances. For example, voluntary surrender, truthful confession of crimes, active return of stolen money or compensation to victims, obtaining victims' written understanding, and cooperation with law enforcement investigations can all be considered as grounds for reducing the sentence. Your friend's actions of returning part of the money and cooperating with the police are likely to be recognized by the court as mitigating factors.
Practical advice: First, it is recommended to retain a professional criminal defense lawyer as soon as possible to help with case analysis and defense. Second, continue to actively cooperate with the investigation and truthfully state the facts. Third, try to return the remaining stolen money to the victims and strive to obtain their understanding, which will be more conducive to reducing the sentence. Fourth, follow the lawyer's guidance to participate in the litigation process and protect legal rights properly.
相关问题
为您推荐19个最新问题
敲诈勒索7500元后归还了,该怎么处理?
帮信罪交到法院后怎样才能判缓刑?
被解除劳动合同会体现在档案里吗
女方血小板原发性偏高可以离婚吗
故意伤害导致他人瘫痪应如何赔偿?
男人出轨离婚时财产怎么判?
一方出轨另一方起诉离婚法院会怎么判?
司法鉴定中心如何进行伤残鉴定?
华住会预订人和入住人必须一致吗?
村里宅基地允许买卖吗?
行政处罚类似于犯罪吗?
公司法人需要承担哪些风险?
公积金没交过但是有余额是怎么回事?
逃税罪如何追究刑事责任?
代办公司注册是否包括税务登记?
中国死刑种类有哪些名字?
如何从个人所得税中删除企业信息?
劳动行政处罚程序有哪些?
农民工跳楼讨薪会被行政拘留吗,这种行为违法吗?
已为您展示了 19 个相关问题