Those who cheat abroad may be sentenced to fixed-term imprisonment of not more than three years and fined.
Article 266 of the Criminal Law
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.
When fraud is involved, the first time is to return it in time and ask the victim to apologize for compensation.
(1) A good attitude towards admitting mistakes will reduce the sentence. If it is best to get the victim's letter of understanding, lawyers can also fight for it in these aspects.
(2) Pay attention to appease the emotions of relatives, and don't let people do anything drastic in the detention center, because anything bad will have a bad influence on the final result. Only by stabilizing emotions and admitting mistakes economically can we strive for commutation, probation or a single penalty.
(3) Criminal cases are generally difficult to handle, and professional criminal lawyers are still needed. If fraud is involved, find a lawyer who has dealt with fraud cases. Such lawyers are more experienced and more handy in handling cases.
Where can I report when I find someone else committing fraud?
1, if it is found that others commit fraud, report it to the public security organ of the crime place.
Criminal cases are generally reported by the public security organ where the case occurred. The place of crime includes the place of criminal act and the place of criminal result. If it is more appropriate to handle it by the public security organ of the criminal suspect's residence, it can be handled by the public security organ of the criminal suspect's residence.
2. Materials to be submitted when reporting the case
(1) Informant's written report materials and identity documents.
You can report the case orally, but in order to solve the problem smoothly, it is best to prepare written report materials. Write down clearly what happened and the specific content, and if possible, write down the reasons that constitute the crime.
(2) Identity information of the criminal suspect
It is best to provide the real information of the suspect. If the other party leaves a fake, try to provide it as much as possible, and there may be clues;
(3) Evidence of fraud
There are two main aspects of evidence. The first is the evidence that you were cheated, and the second is the record of property payment. The former includes WeChat, Alipay, telephone chat records, witness testimony and relevant documents, while the latter includes bank transfer records, cash delivery, WeChat, Alipay transaction records, vehicle and real estate transfer records that can prove the time, place and process of delivering money or property to the other party.
The accomplished form of the crime of fraud is the imminent danger that the victim suffers or causes property loss because of being cheated. Victims include not only natural persons, but also units and countries. After the court hears a fraud case, once the crime of fraud is found, the citizen who commits fraud is likely to be sentenced to criminal punishment.
If citizens find themselves cheated by others, they can undoubtedly report to the public security organs. If the public security organ files a case for investigation, it shall be handed over to the procuratorate for examination after the investigation. After examination, the procuratorate needs to make a decision on whether to bring a lawsuit to the court. For those who decide to prosecute, the court will generally accept the criminal case. After accepting the case, the court may sentence the fraudster to bear criminal punishment.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC) 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 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 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.