First, after the end of the fraud case, the public security organ shall, according to the specific fraud situation, dispose of the frozen, sealed up and detained property and return it to the victim.
Two, the victim filed an incidental civil action or filed a separate civil action to demand the return of the fraudster.
Third, fraudsters voluntarily return stolen goods.
The actor has used the defrauded property to pay off debts or transfer it to others. In any of the following circumstances, it shall be recovered according to law:
(1) The other party collects it knowing 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 price;
How to maximize the recovery of losses?
1. Actively play the leading role before the trial. When intervening in a case in advance, guide the investigation organ to find out the whereabouts of the assets involved and the stolen money, seal up and freeze it as soon as possible, and increase the scope of property that can be returned.
2. Listen carefully to the opinions of the victims. As a person whose direct interests are damaged, the victim can often provide more direct clues about the defendant's assets, pay attention to the recording, sort out the clues that can be verified and hand them over to the investigation organ.
3. Make good use of the leniency system. When handling a case, fully explain the law and reason, publicize the criminal policy of combining leniency with severity, and explain to the criminal suspect the litigation benefits of leniency in restitution. Urge the criminal suspect to sincerely repent, take the initiative to explain the whereabouts of the stolen money, and contact his family to return the stolen money.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 64 of the Criminal Law of People's Republic of China (PRC)
All property illegally acquired 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.