In China, fraud is punished under Article 266 of the Criminal Law with up to 3 years in prison for ordinary amounts, 3 to 10 years for large amounts, and 10 years to life imprisonment for especially large amounts.
What are the three penalty levels for fraud?
Chinese courts divide fraud (zha pian zui) into three levels, based mainly on the amount involved:
- Relatively large amount (about 3,000 to 10,000 yuan, depending on the province): up to 3 years in prison, detention or control, plus a fine.
- Large amount (about 30,000 to 100,000 yuan): 3 to 10 years in prison plus a fine.
- Especially large amount (500,000 yuan or more): 10 years to life imprisonment, plus a fine or confiscation of property.
These ranges come from the judicial interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate, and each province sets its exact starting point within the ranges.
Is contract fraud the same crime?
No. Fraud committed through a signed contract is a separate crime, contract fraud (he tong zha pian zui, Article 224), with its own elements and thresholds. Courts also apply special rules to telecom and online fraud gangs. If you are accused of fraud in China, the exact article and the amount determine the sentence, so have a lawyer check the charge carefully.
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Frequently asked questions
Q: What are the three penalty levels for fraud?
A: Chinese courts divide fraud (zha pian zui) into three levels, based mainly on the amount involved: Relatively large amount (about 3,000 to 10,000 yuan, depending on the province): up to 3 years in prison, detention or control, plus a fine. Large amount (about 30,000 to 100,000 yuan): 3 to 10 years in prison plus a fine. Especially large amount (500,000 yuan or more): 10 years to life imprisonment, plus a fine or confiscation of property.
Q: Is contract fraud the same crime?
A: No. Fraud committed through a signed contract is a separate crime, contract fraud (he tong zha pian zui, Article 224), with its own elements and thresholds. Courts also apply special rules to telecom and online fraud gangs. If you are accused of fraud in China, the exact article and the amount determine the sentence, so have a lawyer check the charge carefully.
Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512