The Crimes of Fraud and Fundraising Fraud

Abstract

The core issues of the WU Ying Case include whether Wu committed the crime of fundraising fraud and whether she should be sentenced to death. The key element of the crime of fundraising fraud is “by fraudulent means.” To examine what constitutes “fraudulent means” in this case, one should consider the basic principles of the crime of fraud and the specific constraints that apply to fundraising. One should not apply the elements of fraud mechanically, since they evolve over time. Instead, one should narrowly interpret the concept of “fraudulent means” for the purpose of adjudicating fundraising frauds. What constitutes “fraud” depends on the context. For example, the definition of “fraud” should be different in daily life, in ordinary commercial activities, and in investment and speculation. One should critically read the legislative justification for applying the death penalty to the crime of fundraising fraud, taking into consideration factors such as social harm, the essence of different crimes, the defendant's culpability, and the victim's fault.