According to the provisions of Article 109 of the Criminal Procedure Law of People's Republic of China (PRC), public security organs and people's procuratorates shall file a case for investigation within their jurisdiction when they discover criminal facts or suspects.
According to the provisions of Article 110 of the Criminal Procedure Law of People's Republic of China (PRC), any unit or individual has the right and obligation to report to the public security organ, the people's procuratorate or the people's court when it discovers criminal facts or criminal suspects. The victim has the right to report and accuse the criminal facts or criminal suspects who infringe on his personal and property rights to the public security organs, people's procuratorates or people's courts.
Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
With reference to Article 115 of the Criminal Procedure Law of People's Republic of China (PRC), the public security organs investigate criminal cases that have been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, light crime or heavy crime. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
According to the provisions of Article 116 of the Criminal Procedure Law of People's Republic of China (PRC), after investigation, the public security organ shall conduct a preliminary trial of a case with evidence to prove the facts of the crime, and verify the collected and obtained evidence.
According to Article 64 of the Criminal Law of People's Republic of China (PRC), the disposal of criminal goods: all 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. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.
Extended data
Refer to Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases such as Telecommunication Network Fraud? Article 7 stipulates that the disposal of the property involved:
(1) When investigating a telecommunication network fraud case, the public security organ shall transfer the money and goods involved and attach a list. When a people's procuratorate brings a public prosecution, it shall hand it over to the people's court that accepted the case, and at the same time put forward opinions on the handling of the stolen money and goods involved. ?
(two) the money involved in the bank account or the third party payment account shall be returned to the legitimate property of the victim in a timely manner. It is true that it is impossible to verify all the circumstances of the victim due to objective reasons, but there is evidence that the account was used for telecommunication network fraud crimes, and the defendant could not explain the legal source of the money. According to the provisions of Article 64 of the Criminal Law, it should be recognized as illegal income and recovered. ?
(3) The defendant has used the fraudulent property to pay off debts or transferred it to others. Under any of the following circumstances, it shall be recovered according to law:?
1, the other party knows that it is fraudulent property; ?
2. The other party obtains fraudulent property for free; ?
3. The other party obtains fraudulent property at a price significantly lower than the market; ?
4. The fraudulent property obtained by the other party originated from illegal debts or illegal and criminal activities. ?
If another person obtains fraudulent property in good faith, it will not be recovered. ?
According to Article 266 of the Criminal Law of People's Republic of China (PRC), the crime of fraud. 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.
The Supreme People's Court-Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunication Network Fraud
Xishuangbanna Public Security Bureau-People's Republic of China (PRC) and China Criminal Law
Xinhuanet-People's Republic of China (PRC) Criminal Procedure Law