1. In case of information fraud, the parties concerned should ignore the fraudulent information, do not click on the link of the information, and report to the National Anti-fraud Center. If you are cheated of money, you should collect relevant evidence and report the case to the public security organ immediately.
2. Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 110 Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court.
Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts.
Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
Where a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of the third paragraph shall apply.
Second, the constitutive elements of fraud
Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. It is one of the important crimes against property stipulated in Chapter V of the Specific Provisions of Criminal Law. Compared with the crime of special fraud, it belongs to the crime of ordinary fraud. The composition of fraud is as follows:
1, Subject Elements The subject of this crime is a general subject, and any natural person who has reached the legal age of criminal responsibility and has criminal responsibility ability can constitute this crime.
2. Subjective elements This crime is subjectively manifested as direct intention and has the purpose of illegally occupying public and private property.
3. Object Elements The object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights. The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. Its goal should also exclude loans from financial institutions. Because article 193 of the criminal law has specifically stipulated the crime of loan fraud.
4, objective elements This crime is objectively manifested in the use of fraud to defraud a large number of public and private property.
According to the provisions of the Criminal Procedure Law, in case of information fraud, the parties concerned should ignore the fraudulent information, do not click on the link of the information, and report to the National Anti-fraud Center. If you are cheated of money, you should collect relevant evidence and report the case to the public security organ immediately. I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.