After the fraud case is filed, but no one is caught, can the property be recovered after it is sold?

The following are the relevant provisions on the time limit for prosecution of fraud, please refer to them. According to the sentencing standard of fraud: whoever cheats 40,000 yuan shall be sentenced to three years' imprisonment, and one month's imprisonment shall be increased for every additional 2,000 yuan. Sixty-six thousand may be sentenced to a little more than four years, less than five years, so the limitation of prosecution should be five years. The premise is that the public security organ did not file a case in that year, and the statute of limitations does not apply to cases that have been filed by the public security organ. According to Article 87 of the Criminal Law of People's Republic of China (PRC): "A crime will not be prosecuted after the following time limit: (1) If the statutory maximum penalty is less than five years of fixed-term imprisonment, after five years; (2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years; (3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years; (4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it must be reported to the Supreme People's Procuratorate for approval. "It can be seen that the criminal law of our country determines the limitation period of prosecution based on punishment. Article 88 A people's procuratorate, a public security organ or a state security organ, after placing a case on file for investigation or a people's court accepts a case, evades investigation or trial, and is not limited by the time limit for prosecution. If the victim files a complaint within the time limit for prosecution, the people's court, the people's procuratorate or the public security organ shall file a case but not file it, and it is not limited by the time limit for prosecution. Article 89 The time limit for prosecution shall be counted from the date of committing the crime. If the criminal act has a continuous or continuous state, it shall be counted from the date when the criminal act ends. If a crime is committed within the time limit for prosecution, the time limit for prosecution of the former crime shall be counted from the date when the latter crime is committed.

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2019-02-0815: 34: 31answer

Regarding the limitation of prosecution in the criminal law, it is stipulated that crimes exceeding the following time limit shall not be prosecuted: 1. If the statutory maximum penalty is less than five years of fixed-term imprisonment, it will be five years; 2. The statutory maximum penalty is more than 5 years but less than 10 years, or after 10 years; 3. If the statutory maximum penalty is 10 years of fixed-term imprisonment, after 15 years; 4. The maximum legal punishment is life imprisonment or death penalty, after 20 years. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval. China's criminal law also stipulates that if a judicial organ evades investigation or trial after taking compulsory measures, it is not limited by the time limit for prosecution. Whoever commits the crime of credit card fraud shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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 not less than 50,000 yuan but not more than 500,000 yuan or confiscated property. To sum up, if you commit the crime of credit card fraud, you may be sentenced to fixed-term imprisonment of not more than five years or criminal detention, then the limitation of prosecution is five years; If it is possible to be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, the limitation of prosecution shall be 10 year; May be sentenced to more than 10 years in prison or life imprisonment, and the limitation of prosecution is 15 years; Therefore, the statute of limitations for the crime of credit card fraud can be applied to the longest statute of limitations. If you have not been prosecuted for 20 years, you will not bear criminal responsibility.

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2019-02-0815: 57: 05 answer

1. 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, 20 1/year), the amount of fraudulent public and private property is more than 3,000 yuan to110,000 yuan and more than 30,000 yuan to110,000 yuan. The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government that should be deemed as "large in amount" and "huge in amount" can jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph in combination with the economic and social development of the region, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record. 2. Article 266 of the Criminal Law: 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 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.