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Wechat is a software that can facilitate communication. We can also use WeChat for payment and transfer, which leads many criminals to pretend to be friends and ask you to transfer money to defraud money. However, if WeChat is cheated, can 800 yuan file a case? In this regard, the standards for filing cases in each region are different. Let's find out.
1. Can WeChat be cheated by 800?
This depends on the local filing standards. Generally, after being cheated:
1. Save relevant dialogue screenshots, remittance vouchers and other relevant evidence.
2. Then report the case to the local public security organ.
The standards for filing fraud vary from 3,000 yuan to 1 10,000 yuan. If you can't meet the standard of filing fraud, as you said, it can be handled as a public security case.
Legal basis:
According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (implemented on April 8, 201/), if the amount of public and private property is more than 3,000 yuan and less than 10,000 yuan, more than 30,000 yuan and more than 100,000 yuan, and more than 500,000 yuan, it should be considered as "a large amount" and "a huge amount".
Whoever defrauds public or private property to reach the above-mentioned amount standard under any of the following circumstances may be given a heavier punishment as appropriate in accordance with the provisions of Article 266 of the Criminal Law:
(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;
(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;
(three) fraud in the name of disaster relief fund-raising;
(four) defrauding the disabled, the elderly or the disabled;
(5) Causing the victim to commit suicide, mental disorder or other serious consequences.
If the amount of fraud is close to the above-mentioned standards of "huge amount" and "especially huge amount", and it belongs to one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.
Second, how much can WeChat cheat?
According to the provisions of Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases, individuals who defraud public or private property of more than 2,000 yuan are "a large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount".
Individuals who defraud public or private property of more than 200,000 yuan belong to a huge amount of fraud. The huge amount of fraud is an important part of fraud, but it is not the only plot. The amount of fraud is more than 654.38+10,000 yuan, and under any of the following circumstances, it should also be considered as "the circumstances are particularly serious":
(1) ringleaders of fraud groups or principals of major fraud crimes;
(2) The recidivist or fugitive commits serious crimes;
(3) defrauding a legal person, other organization or individual of the means of production urgently needed, which seriously affects production or causes other serious losses;
(4) defrauding disaster relief, emergency rescue, flood control, special care, relief and medical funds and materials, thus causing serious consequences;
(5) Spending fraudulent property, which makes it impossible to return the fraudulent property;
(six) the use of fraudulent property for illegal and criminal activities;
(7) Having received criminal punishment for fraud;
(8) Causing the victim's death, mental disorder or other serious consequences;
(9) Other serious circumstances.
The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, and the amount is more than 50,000 to 654.38+10,000 yuan, and the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 151 of the Criminal Law; If the amount is more than 200,000 yuan but less than 300,000 yuan, the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 152 of the Criminal Law.
For the crime of * * * with the nature of fraud, the amount of the crime should be determined by the amount of the actor's participation in the crime of * * * with the nature of fraud, and the punishment should be given according to the status, role and illegal income of the actor.
Fraud has been started, but the property cannot be obtained due to reasons other than the will of the actor, which is an attempted fraud. Attempted fraud, if the circumstances are serious, should also be convicted and punished according to law.
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the economic development of the region and considering the social security situation, determine that the amount of personal fraud in the region is large and the amount of unit fraud is huge within the range of "2,000 yuan to 4,000 yuan" and "30,000 yuan to 50,000 yuan" respectively, investigate the criminal responsibility of the relevant personnel, and determine the applicable criminal law with reference to the amount stipulated in the fourth paragraph.
Therefore, fraud of 2,000 to 4,000 yuan can be filed. The specific amount is determined between 2000-4000 yuan according to different provinces.
When we determine whether the amount of fraud can be filed, we need to make a judgment according to local policies. As for whether 800 yuan, who was cheated by WeChat, can file a case, you can consult the local public security organ. After being cheated, you must pay attention to keeping the corresponding evidence such as chat records and transfer records.
Extended reading:
Judicial interpretation of sentencing for fraud
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