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. Article 64 of the Criminal Law of People's Republic of China (PRC) stipulates that 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; Contraband and personal articles used in crimes shall be confiscated.
2. Legal basis: Article 64 of the Criminal Law of People's Republic of China (PRC) stipulates that the 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, how much can online fraud be sentenced?
1, the amount can be found.
The amount of fraud is only one aspect of the conviction and sentencing of telecommunication network fraud, and this amount is determined after the court hearing, not the amount verified by the public security organ. From 20 16 to 12, the national unified sentencing amount standard, telecommunication network fraud of more than 3000 yuan can be sentenced, the specific standards are as follows:
(1) If the amount of telecommunication network fraud is more than 3,000 yuan, the starting point of sentencing can be determined within the range of fixed-term imprisonment of more than three months and less than six months. For every additional 2,000 yuan, the sentence can be increased by one month to two months;
(2) If the amount of telecommunication network fraud reaches 30,000 yuan, or there are other serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of more than three years and less than four years. For every increase of 10000 yuan, the prison term can be increased from six months to one year;
(3) If the amount of telecommunication network fraud reaches 500,000, the starting point of sentencing can be determined within the range of 10 years or more and 12 years or less. For every increase of 50,000 yuan, the sentence can be increased by one year to one year and six months.
2. The amount cannot be found.
The amount of fraud is difficult to verify, but under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted):
(1) Send more than 5,000 fraudulent short messages or make more than 500 fraudulent phone calls;
(2) Publishing fraudulent information on the Internet, with accumulated views of more than 5,000 times. If it is difficult to collect evidence of the number of phone calls and text messages sent because the criminal suspect or defendant intentionally conceals or destroys the evidence, it can be comprehensively identified according to the verified daily number of phone calls and text messages, combined with the time when the criminal suspect or defendant committed the crime, the confession of the criminal suspect or defendant and other relevant evidence.
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. I hope the above content can help you. If you have any other questions, please click the button below or consult a professional lawyer.