1, WeChat transfer was cheated. If the police successfully solve the case after calling the police, the money is still there and can be recovered.
2. All the property illegally obtained by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time;
3, contraband and personal property used for crime, shall be confiscated.
4、
Legal basis:
Criminal law of the people's Republic of China
Article 64 All property illegally acquired by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.
Criminal Procedure Law of the People's Republic of China
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.
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, after borrowing money, there are only transfer records. What evidence should be collected before prosecution?
1, recording to prove the loan fact.
(1) In order to improve the proof effect of recorded evidence, we need to pay special attention to the following points: the recorded person must be the debtor himself, such as asking the other party to report his name and identity during the call; The content of the record reflects the process of the loan relationship, the specific amount and the amount owed as completely as possible; In the process of recording, pay attention to communication skills to ensure that the other party's statement is clear and true; The recorded evidence submitted to the court must be true and complete, and it is the original carrier of the recording without editing or tampering.
(2) It belongs to electronic data and is a kind of evidence. Compared with the recording, it is not easy to become strong evidence. However, WeChat or SMS chat records can judge the identities of both parties. The chat records have a long time span, complete and continuous content, and can be mutually verified with the transfer records to form a relatively complete evidence chain, and can also confirm the establishment of the loan relationship.
2. Find a witness to prove the existence of the loan relationship.
(1) In judicial practice, if a witness can testify and it is true, it can be used as evidence.
(2) Private lending mostly occurs in daily life scenes. When the loan occurs, not only the borrower and the borrower are present, but even in many cases where no IOUs are issued or IOUs are issued, it is precisely because both parties agree to borrow under the condition that there is an intermediary as a witness. Therefore, if the third person present at that time or the witnesses invited by both parties can testify in court and truthfully state the facts at that time, their statements can be used as evidence to prove the facts of the case.
To sum up, it is best to ask the other party to write an IOU or IOU before borrowing money, which can better prove the existence of the loan relationship. If the debtor does not pay back the money, he can also bring a lawsuit to the court and ask the other party to pay back the money with relevant evidence such as transfer records and IOUs. I hope the above content can help you. If you have any other questions, please click the button below or consult a professional lawyer.