1, keep calm: when you find yourself cheated, it's easy to get emotional or panic. However, keeping calm is an important first step, so that you can think clearly and take appropriate actions.
2. Collect evidence: collect all evidence related to the scam as soon as possible, including contracts, transaction records, emails, message records, etc. These evidences will help the parties to prove their rights and losses.
3. Stop payment and transaction: If the parties know about the ongoing transaction or payment, stop payment immediately. If possible, contact the bank or payment institution in time, inform its customers' situation and request to freeze or cancel the relevant payment as soon as possible.
4. Seek professional advice: contact a professional lawyer or legal consulting agency to consult the fraud problems faced by the parties. They will provide the best solutions and suggestions for the parties according to their specific conditions and laws and regulations. Please be sure to contact an experienced lawyer to get accurate and effective help.
5. Call the police: If the party believes that he has been cheated, he should report the case to the local police. Provide evidence as much as possible, such as contracts, transaction records and related correspondence, so that the police can investigate the case of the parties. Write down the report number for future use.
6. Protection of personal information: After being found cheated, especially when personal identity information is involved, necessary measures should be taken in time to protect the safety of personal information. For example, change passwords, notify banks and related institutions, and monitor personal accounts.
7. Dialogue protection: Please note that you should protect your own interests and personal information when talking to scammers. Avoid providing more personal information or further communication with the other party, so as not to deepen the loss.
8. Cooperative investigation: If the police or other law enforcement agencies ask the parties to provide further assistance or testimony, they should actively cooperate and provide the required information and documents.
The constitutive conditions of the crime of fraud:
1. Deception means: Deception is one of the core elements of fraud. Deception means can be fictional facts, concealing the truth, false appearances, fabricating false information, etc. In order to mislead others and induce others to make wrong behavior. Deception means must be fictitious or hidden, and it is directly related to fraud, which is the basis for luring others to be deceived.
2. For the purpose of illegal possession: the crime of fraud is a criminal act for the purpose of illegal possession. Illegal possession refers to obtaining the ownership, use right or income right of other people's property by deception, infringing on the legitimate property rights and interests of others, so as to realize the purpose of illegal possession of property by oneself. The ways of illegal possession can be transfer, possession and illegal possession.
3. Object and amount: The object of the crime of fraud is the property of others. According to the criminal law, the object of the crime of fraud can be citizens, legal persons or other organizations. The amount of property obtained by fraud is also one of the conditions that constitute a crime. According to the criminal law of our country, if the amount of fraud is large, involving more victims, or causing serious consequences, it may face more severe punishment.
To sum up, the most important thing is that when the parties find themselves cheated, it is very important to take timely action. Through cooperation with professionals, we can understand our rights and interests and the scope of legal protection, and take appropriate measures to recover the losses of the parties or obtain reasonable compensation.
Legal basis:
Criminal law of the people's Republic of China
Article 266
Whoever defrauds public or private property in a relatively large amount 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 the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.