冒用型信用卡诈骗罪犯罪数额认定问题研究

On the Determination of the Crime Amount of Fraudulent Use of Credit Cards

冒用型信用卡诈骗社会危害性较大,目前是我国司法实践需要面对的现实问题。犯罪数额是冒用型信用卡诈骗罪定罪量刑的重要依据,但是由于法律适用不同,有时会出现检察院与法院对犯罪数额认定不一致的情况。应通过理清冒用型信用卡诈骗活动中错综复杂的关系,准确适用法律确定被告人的犯罪数额,以保障司法机关依法打击诈骗犯罪活动,保护公私财产安全。

Fraudulent use of credit cards is of great social harm, and it is a practical problem that China’s judicial practice needs to face at present. The amount of crime is an important basis for conviction and sentencing of the crime of fraudulent use of credit cards. However, due to different applications of laws, the procuratorates and courts do not agree on the amount of crime sometimes. It is necessary to clarify the complicated relationship in fraud, apply the law accurately and determine the amount of crime committed by the defendant, so as to ensure that the judicial authorities can crack down on fraud according to law and protect the safety of public and private property.