Criminal identification and punishment of cheating on marriage on blind date

Cheating on marriage is an act of swindling money with marriage as bait, or concluding a revocable marriage by deception, commonly known as? Stand up? Is the most common form of marriage fraud. One party deliberately conceals and deceives the other party's unfavorable marriage situation, sexual orientation, family situation, marriage history, physical defects or diseases. Let me introduce the criminal responsibility of cheating marriage for you in detail. Criminal identification and punishment of cheating on marriage through blind date

Brief introduction of the case

Mr. Shi, an American Chinese, met Miss Liu, a Hong Kong citizen who has been working in Shenzhen for a long time, through a well-known online blind date platform in January 215, and they quickly established a love relationship. Before marriage, the woman needed to borrow 3 million yuan in cash from Mr. Shi for the turnover of the company's operating capital, but she did not sign an iou; 6. Mr Lunatone invested 16 million yuan to buy two properties in Shenzhen, all of which were registered in the name of the woman. After that, the two sides registered for marriage. Shortly after the marriage, the woman immediately sold the above-mentioned property, until Mr. Shi personally consulted the Shenzhen foreign divorce lawyer of China Marriage and Family Gold Medal Lawyers Group, and Miss Liu successfully sold one of the properties and fled to Hong Kong with the sale price and loan amount. Another property is on sale.

Lawyer's comment

Does Miss Liu constitute this case? Marriage? Whether the police should accept the crime of fraud after Mr. Shi called the police, the analysis is as follows:

First of all, Miss Liu has the purpose of illegally occupying other people's property in this case.

The Summary of the Symposium on the Trial of Financial Crime Cases by National Courts points out that according to judicial practice, if an actor illegally obtains funds through fraud, resulting in a large amount of funds that cannot be returned, and has one of the following circumstances, it can be considered as having the purpose of illegal possession:

(1) defrauding a large number of funds knowing that they are unable to return;

(2) fleeing after illegally obtaining funds;

(3) those who squander money to defraud.

The property involved in this case originally belonged to Mr. Shi's premarital personal property, not to the common property of both husband and wife after the establishment of the marriage relationship. Miss Liu quickly sold and transferred other people's property and even fled abroad. Subjectively, she had the will to exclude the victim from possessing it and continue to use, benefit and dispose of it, and obviously had the intention of illegally possessing other people's property.

Secondly, Miss Liu objectively carried out a series of cheating behaviors, and her cheating behaviors made the victim fall into the wrong understanding of disposing of property. Miss Liu's cheating behaviors such as borrowing money and marrying Mr. Shi are the reasons that led the victim Mr. Shi to fall into a wrong understanding and dispose of his property. They have a causal relationship in criminal law. If there is no deception, the victim will not fall in love and get married with Miss Liu, let alone register the property in her name.

finally, which is the victim, Mr. Shi, who transferred his cash to Miss Liu and bought a house in Miss Liu's name based on his misunderstanding? Disciplinary action? The victim disposed of the above property because of Miss Liu's deception.

To sum up, according to Article 266 of the Criminal Law, Ms. Liu's behavior should constitute a crime of fraud. After accepting the entrustment of Mr. Shi, our team of Shenzhen foreign-related divorce lawyers worked together with the team's professional criminal litigation lawyers to formulate a detailed plan to guide them to collect evidence and sue Ms. Liu. Now the case has been successfully filed for investigation.

Fraud

The lawyer reminds

The criminal law of our country does not stipulate the marriage relationship as an inevitable condition for the establishment of a crime, that is to say, as the two parties in the marriage relationship, they are not excluded from the subject of criminal responsibility for the crime, even if they register for marriage, there are still. Marriage? The possibility of fraud. With the increase of the proportion of single men and women, there are more and more cases of marriage fraud, especially young men and women who are eager to get married but struggling to find a partner. We should pay attention and strengthen prevention:

First, it is best not to have economic exchanges, especially large economic exchanges, such as large loans, before marriage registration.

second, be vigilant and strengthen prevention. For those who have just come into contact and don't know much about it, we should be more careful, be vigilant, and pay attention to identifying each other's promises and introducing ourselves. There are still many loopholes and flaws in the process of cheating. As long as you pay a little attention and investigate carefully, you can find problems.

Third, don't believe the advertisements published in various newspapers. If you know the opposite sex who wants to marry, you should have a certain understanding of its true identity and family background, especially to distinguish the authenticity of the other party's ID card, and ask the public security organs for help if necessary. For the first time to meet the opposite sex, be sure to review their identity cards.

fourth, if you are cheated, you should keep the relevant evidence materials and submit them to the local public security bureau in writing to assist the public security organs in their investigation and evidence collection.

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Article 266 of the Criminal Law, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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 1 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.