Evidence of fraud is as follows:
1。 Physical evidence that can prove the criminal suspect's intentional fraud refers to all items and traces that prove the true situation of the case.
2。 Documentary evidence to prove the amount of fraud and the direction of transfer refers to written materials or other material materials with recorded contents and thoughts that prove the true situation of the case.
3。 The witness testimony provided by himself or relevant personnel refers to the statement made by the witness to the public security and judicial organs about the case he knows. Find the law network to remind you that witness testimony is generally an oral statement, fixed with transcripts; The case handler agrees that the written testimony written by the witness is also the testimony of the witness.
According to the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud, those who swindle public or private property with the amount of 3,000 to 10,000 yuan, 30,000 to 100,000 yuan and 500,000 yuan are respectively deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
Fraud has now spawned many new forms, including telecom fraud, online fraud and so on. The victims are extensive, but mainly concentrated in the elderly and women, and the amount involved can often reach tens of millions, which is extremely bad and is not conducive to the construction of a harmonious society. Therefore, we should raise our awareness of fraud prevention in our life, don't believe what others say, and don't believe that pies will fall from the sky. Avoid letting yourself go astray and fall into the trap, causing economic losses.
If the victim is cheated online, he can report the case directly to the local public security organ, and provide as much evidence as possible to prove the fraud, such as the online chat records of both parties, the evidence of the victim's remittance and the clues of the other party, so that the public security organ can investigate and deal with it in time. When reporting a case, you can contact other victims to report the case to the police station or feedback the relevant information to the police station to reach the standard of criminal filing. In reality, the police station has a heavy task of sending police, and only registers small reports that do not meet the filing standards and do not constitute fraud. The standards for filing online fraud crimes are:
1, defrauding public and private property worth more than 3,000 yuan to 10000 yuan, which is relatively large;
2. The amount of defrauding public or private property is huge, and the amount is more than 30,000 yuan10,000 yuan;
3. If the value of public or private property is more than 500,000 yuan, the amount is extremely huge.
The handling of fraud cases is to confiscate their illegal income and return the victim's property to the victim. The crime of fraud is divided into three stages. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).
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.
Article 42 of the Criminal Procedure Law stipulates that:
(1) Physical evidence and documentary evidence;
(2) Testimony of witnesses;
(3) the victim's statement;
(4) confessions and excuses of criminal suspects and defendants;
(5) Evaluation conclusion;
(6) Records of inquests and inspections;
(7) Audio-visual materials.