1. If the platform is suspected of fraud, illegal fund-raising and other criminal offences, it is recommended to report the case to the local public security organ immediately after it is discovered, and the public security organ will file a case for investigation;
2. If there is no criminal offence involved, it is only a civil contract dispute between the platform and users, that is, a civil dispute over creditor's rights and debts, and the problem can be solved by means of civil procedure law.
1. There are several ways to recover the cheated money:
1. If you want to recover the cheated money, you can call the police first and provide the police with corresponding property evidence and various information about the fraud suspect. If Alipay transfers money, you can complain with chat records and transfer records. The same is true for WeChat, but the recovery rate of Alipay is relatively high.
2. The cheated money may not be recovered. It can only be said that it may be recovered, but the probability is very low, which requires the cooperation of the victims and the attention of relevant departments. Fraud cases are generally difficult to solve, it is inconvenient to investigate and collect evidence, and it takes a long time to solve the case, which is not conducive to recovering the victims' losses;
3. As a victim, actively contacting the police and providing as much and detailed information as possible to help solve the case is conducive to catching criminals as soon as possible and recovering losses. If the police don't make progress in a short time, don't be too anxious, wait patiently, learn a lesson, and don't be deceived again;
After the police solve the case, if it is possible to recover the stolen money and return it to the victim, but the stolen money has been squandered, the criminal has no other property to execute, and his family and others are unwilling to return the stolen money for him, then the defrauded stolen money cannot be recovered.
Two, the elements of fraud are as follows:
1, object element. The object of infringement is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. Therefore, it does not constitute a crime of fraud;
2. objective factors. Objectively, it is manifested in the use of fraud to defraud a large number of public and private property. First of all, the perpetrator committed fraud, including two forms, one is to fabricate facts, and the other is to conceal the truth. In essence, it is a fraud that makes the victim fall into a wrong understanding, not a fraud. Fraud must reach the level that ordinary people can have a wrong understanding, and exaggerating the goods they sell is not fraud if it does not exceed the scope of social tolerance;
3. Main elements. The subject is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime;
4. Subjective factors. Subjectively, it is direct and intentional, with the purpose of illegally occupying public and private property.
To sum up, after the fraud, it is to report the case to the local public security organ and quickly freeze your bank card. You can give the police some clues and evidence you know when you report the case. It is hoped that the victim will keep good evidence such as chat records and provide them to the public security organs in time, which will help the police to solve the case as soon as possible.
Criminal law of the people's Republic of China
Article 192 The crime of fund-raising fraud refers to illegal fund-raising by fraudulent means for the purpose of illegal possession. If the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also 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 seven years or life imprisonment, and shall also be fined or confiscated.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.