1. Is it necessary to find a lawyer to sue the other party for fraud?
Whether to entrust a lawyer can be decided by the parties themselves, and there is no mandatory requirement to entrust a lawyer in law. But be careful,
1. If you only report the fraud committed by the other party, you can report it directly to the police station. However, this cannot be called suing the other party for fraud, and the police station that meets the filing criteria will file a case.
2. If you go directly to the court to sue the other party, because fraud generally does not fall within the scope of criminal private prosecution cases, the court will not accept it directly. Then the parties can only go to the public security organ to report the case and go through criminal prosecution procedures. At this time, he will become the victim of fraud. According to the provisions of the Criminal Procedure Law, the victim is the criminal litigation agent who has the right to entrust a lawyer as the victim.
Fraud in Article 266 of 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.
Second, how to determine the crime of fraud by the amount of crime?
In the crime of fraud, all the victims are criminals. The standard of filing a case should be based on the total amount of damage, not on the income from sharing stolen goods. * * * An accomplice is a special form of crime. When convicted, it is necessary to regard the accomplice as a whole, and the behavior of each accomplice points to the crime amount of the crime result. Economic crimes are intentional crimes, and the perpetrator of economic crimes should refer to the amount of crimes he participated in in the whole crime.
An accomplice in criminal law refers to an intentional crime committed by two or more persons.
If two or more people commit a negligent crime, they shall not be punished as negligent crimes; Those who should bear criminal responsibility should be punished according to the crimes they committed.
3. Can the money from overseas fraud be recovered?
1. Whether the money cheated abroad can be recovered depends on the specific situation. The case-handling organ will recover the illegal income and return the recovered money to the victim.
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, and bring 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 in Du. 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.
Relevant legal provisions: criminal law
Article 64
Disposal of criminal articles 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.