诈骗罪应以财物所有人或权利人是否失去对财物的控制、支配权为既、未遂的界定标准,诈骗罪未遂的犯罪数额指行为人意图骗取、被害人基于错误认识而拟自愿交付但未实现的财产损失数额。参照盗窃罪的相关司法解释,以数额巨大的财物或国家珍贵文物等为目标的诈骗罪(未遂)应当定罪处罚,原则上达到数额较大的诈骗罪(未遂)均可以定罪处罚,当诈骗罪既遂与未遂并存时,以重刑吸收轻刑从重为量刑原则。 Fraud should be the property owner or the right to lose control of property, the control of both the attempted definition of the amount of crime attempted fraud refers to the perpetrator of the intention to deceive the victim based on misconception that the voluntary delivery but not yet realized The amount of property damage. According to the relevant judicial interpretation of theft, the crime of attempted fraud (attempted), which is aimed at huge amount of treasures or precious cultural relics of the country, should be convicted and punished. In principle, a large amount of fraud (attempted) can be convicted and punished. When the attempted and attempted coexist, the heavy penalty to absorb light punishment from heavy to sentencing principle.