Pretending to be a policeman constitutes the crime of swindling and cheating, which refers to the act of pretending to be the identity or professional title of the staff of state organs to defraud and damage the prestige and normal activities of state organs in order to seek illegal interests. This crime belongs to behavioral crime. As long as the perpetrator pretends to be a national staff member and swindles, it should be treated as a crime and should be investigated. The constitutive requirements of this crime are as follows: objective requirements: the object of this crime is the prestige of state organs and their normal activities. Objective elements: this crime objectively shows that the perpetrator has the identity or position of posing as a staff member of a state organ and commits fraud. Subject elements: the subject of this crime is the general subject, that is, anyone who has reached the age of criminal responsibility and has the ability of criminal responsibility can become the subject of this crime. Both non-state staff and state staff can constitute this crime. Subjective elements: this crime can only be intentional subjectively, and its criminal purpose is to seek illegal interests.
legal ground
Criminal law of the people's Republic of China
Article 279 Whoever impersonates a functionary of a state organ to swindle and swindle shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever impersonates the people's police to swindle and cheat shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. Article 281 Crime of illegal production and sale of police equipment Whoever illegally produces or sells uniforms of the people's police, vehicle number plates and other special signs and police equipment, if the circumstances are serious, 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 a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.