Legal analysis
Generally speaking, it can be recovered. If the fraudster didn't transfer the money, it would be easier to transfer the money back. If the fraudster has transferred the money, it will be difficult to get it back. Generally, they report the case to the public security organs, and only the fraudsters can be arrested, so it is difficult to recover the cheated money. Therefore, in order to prevent greater losses, the best way is to be vigilant and not to trust information such as winning prizes easily. The victim should call the police in time after encountering telecom fraud, and the police will try their best to recover the victim's losses, but they are not sure whether they can recover the fraud amount in full. However, in judicial practice, fraud is one of the most difficult cases in criminal cases, and it is uncertain whether it can be solved by filing a case. The detection time of fraud cases (criminal cases) is uncertain, and the time cannot be determined in full accordance with the provisions of handling procedures; It is uncertain whether the property lost by the victim can be recovered after solving the case. If it is recovered in time, the loss can be recovered in whole or in part if the operator has not damaged it or has the ability to pay. Otherwise, you may face the end of losing all your money. There are many online frauds, and criminals use more and more criminal means, including telecom fraud. However, no matter what kind of fraud, it needs to be punished in accordance with the provisions of the crime of fraud, and the premise must also comply with the laws of the host country. Only in this way can it be properly handled.
legal ground
Article 64 of the Criminal Law of People's Republic of China (PRC) shall recover all the property illegally obtained by criminals or order them 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.