First, is it reliable to recover the defrauded funds through legal consultation?
The legal advice for recovering the cheated funds is unreliable. You should report to the Public Security Bureau immediately after being cheated.
Articles 151 and 152 of the Criminal Law stipulate that defrauding a large amount of public or private property constitutes a crime of fraud. Article 266 of the Criminal Law stipulates that 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 be fined or there are other serious circumstances, and shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases, individuals who defraud public and private property of more than 2,000 yuan belong to individuals who defraud public and private property of more than 30,000 yuan, and individuals who defraud public and private property of more than 200,000 yuan belong to "huge amount", and the amount of fraud is particularly huge. The huge amount of fraud is an important part of fraud, but it is not the only plot. The amount of fraud is more than 654.38+10,000 yuan, and under any of the following circumstances, it should also be considered as "the circumstances are particularly serious":
1, using fraudulent property to engage in illegal and criminal activities.
2. Having received criminal punishment for fraud.
3. Causing death, mental disorder or other serious consequences to the victim.
4. The ringleader of a fraud group or the principal of a major fraud crime.
5, recidivism or fugitive crime is serious.
6, squandering fraudulent property, resulting in fraudulent property can not be returned
7, defrauding disaster relief, emergency rescue, flood control, preferential treatment, relief, medical funds and materials, resulting in serious consequences.
8. defrauding legal persons, other organizations or individuals of the means of production urgently needed, which seriously affects production or causes other serious losses.
9, with other serious circumstances. The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the fraud proceeds are owned by the unit, with the amount ranging from 50,000 to 6,543,800 yuan. The criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 151 of the Criminal Law and the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 152 of the Criminal Law. For the crime of * * * with the nature of fraud, the amount of the crime should be determined by the amount of the actor's participation in the crime of * * * with the nature of fraud, and the punishment should be given according to the status, role and illegal income of the actor. Fraud has been started, but the property cannot be obtained due to reasons other than the will of the actor, which is an attempted fraud. Attempted fraud, if the circumstances are serious, should also be convicted and punished according to law.
Second, what are the penalties for online fraud?
Internet fraud can be punished with fixed-term imprisonment of not more than three years, criminal detention and control.
Relevant provisions of the Criminal Law of People's Republic of China (PRC):
Whoever commits fraud shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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 3 years 10 years and fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated.
According to the provisions of Article 87 of the Criminal Law of People's Republic of China (PRC), crimes that exceed the following time limits shall not be investigated: (1) If the statutory maximum penalty is less than five years of fixed-term imprisonment, after five years; (2) The statutory maximum penalty is more than 5 years but less than 10 years, or after 10 years; (3) If the statutory maximum penalty is fixed-term imprisonment 10 years or more, after 15 years; (4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty; 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
Those who evade investigation or trial after the people's procuratorate, public security organ or state security organ files a case for investigation or the people's court accepts the case are not limited by the time limit for prosecution. If the victim files a complaint within the time limit for prosecution, the people's court, the people's procuratorate or the public security organ shall file a case but not file it, and it is not limited by the time limit for prosecution. The time limit for prosecution shall be counted from the date of committing the crime; If the criminal act has a continuous or continuous state, it shall be counted from the date when the criminal act ends. If the offender commits another crime within the time limit for prosecution, the time limit for prosecution of the former crime shall be counted from the date of committing the latter crime.
Third, the sentencing of fraud.
1. Whoever swindles 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 only be fined;
2. Whoever defrauds public or private property, with a huge amount or other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;
3. Whoever defrauds public or private property, if the amount is especially huge or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
If the circumstances of online fraud are minor, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. But if the amount is huge and 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. If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than ten years.