1. After the fraud crime is filed, the case-handling organ will start the investigation and enter the criminal investigation stage;
2. After investigating and locking the criminal suspect, the public security organ will take corresponding criminal compulsory measures, such as criminal detention, bail pending trial, residential surveillance, etc.
3. After meeting the conditions for prosecution, transfer the case to the procuratorate;
4. If the people's procuratorate considers that it meets the conditions for prosecution, it shall file a public prosecution with the people's court;
The people's court considers that the facts of the case are clear and the evidence is true and sufficient. According to the law, if the defendant constitutes a crime of fraud, it will make a judgment.
Penalties imposed by the Anti-Fraud Bureau:
1. Whoever commits this crime 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;
2. 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;
3. 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.
The difference between the crime of fraud and the crime of private lending;
1, they have different subjective purposes and different means. The crime of fraud refers to the act of defrauding a large amount of public and private property with the purpose of illegal possession by using the deception method of fictional facts or concealing the truth; Non-governmental lending disputes refer to disputes arising from the borrower's failure to repay the loan on time when a loan agreement is reached between the borrower and the lender. It is a kind of civil behavior, which is essentially a civil legal relationship and should be adjusted by civil law.
2. Different degrees of harm;
3. The relationship between borrowers and borrowers is different. Private lending has a strong personality, and both borrowers and borrowers are acquaintances. Fraud often occurs between strangers or shortly after the two sides know each other, defrauding each other's trust by deception;
4. The reasons for borrowing are different;
5. The borrower's behavior after borrowing is different;
6. Different ways of relief;
7. The repayment ability of borrowers is different.
To sum up, the anti-fraud center handles fraud by reminding people who may be defrauded or who have been defrauded to call the police; The anti-fraud center will cooperate with banks or third-party payment platforms to quickly freeze the bank accounts and third-party payment accounts of scammers.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC)
If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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.