Nowadays, because of the development of the Internet, many people have certain self-defense ability against online fraud, because young people can basically defend themselves now, but it is precisely those elderly people who are unaware of online fraud.
First, the fraud network filing process
(1) Investigation stage:
The public security organ may impose criminal detention on an active criminal or a major suspect. Detainees should be questioned within 24 hours after detention. A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet the criminal suspect in custody and get information from the criminal suspect.
If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law. If the suspect is arrested, the lawyer hired can apply for bail pending trial. The public security organ shall not detain a criminal suspect for more than two months after his arrest. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence.
(2) Review and prosecution stage:
When examining a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim. The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time.
The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust a defender.
Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody.
The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month.
If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction.
(3) Trial stage:
After the people's court has examined the case in which a public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and a list of evidence, a list of witnesses and copies or photos of the main evidence are attached, it shall decide to hold a hearing. Except for cases involving state secrets or personal privacy, the people's courts try cases of first instance in public.
Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. At the trial, the defense lawyer defended the defendant.
When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but not more than one and a half months at the latest. Under any of the circumstances specified in Article 163 of the Criminal Procedure Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government. After hearing the case, the people's court made the following judgments according to the facts, evidence and relevant laws and regulations that have been ascertained:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
Second, the punishment for fraudsters.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud
Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
criminal law
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. Where there are other provisions in this Law, such provisions shall prevail.
Third, how to report the crime of economic fraud
Going to the local police station to report the case and carrying relevant evidence will help to file the case in time. If the public security organ refuses to file a case or is not satisfied with the handling speed, it may report it to the superior management department.
You can also directly bring relevant evidence to the court to prosecute and safeguard your legitimate rights and interests. Economic crime investigation brigade. If you report the case, you can go to the nearest public security bureau office at telephone number 1 10. They won't refuse to answer, you explain the situation, and the other party will automatically belong to the competent department.
If the public security organ files a case after going to court, there is no need to withdraw the case from the court, and the court will suspend the trial. After the criminal treatment has a result, the court may continue the trial. If the civil part withdraws the lawsuit after the criminal case is filed, the incidental civil lawsuit cannot be filed during the criminal trial, and the lawsuit can only be filed separately. According to the amount of fraud by criminals, criminals will be subject to criminal detention, public surveillance or even life imprisonment, and will also be financially punished.
Legal objectivity:
criminal law
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. Where there are other provisions in this Law, such provisions shall prevail.