After being cheated, you should go to the police at the first time instead of going to court to sue. The specific process of alarm is as follows:
1,-Once you find yourself cheated, keep the evidence of being cheated. Such as communication records, chat records, transfer or remittance records, etc.
2. Call "1 10" immediately or report to the criminal filing section of the police station, and provide relevant evidence to the police.
3. In case of emergency, contact the bank staff immediately and report the loss of the passbook or close the account in time.
Criminal cases are different from civil cases. There is no need to know the exact information of the suspect. The fact that you were cheated can be proved, and the rest of the criminal investigation department will assist you in your investigation.
Telecom fraud found cheated, you can take four remedial measures:
1, immediately call 1 10 to report to the police (pay attention to collecting evidence of fraud and then report to the local public security bureau).
2. Once you find yourself cheated after remittance, you can call the UnionPay special line for help at the first time;
3. Find out which bank the other party's account belongs to, then contact the bank by phone and enter the target account number of your remittance (liar's account number). When prompted for the password five times in a row, the account will be automatically locked for 24 hours. These precious 24 hours make it impossible for the other party to transfer money, avoid expanding losses and provide time for the police to solve the case (note: assist the public security bureau to go to the bank to freeze the other party's bank card and prevent the other party from transferring property).
4. In order to prevent fraudsters from transferring money through online banking, you can log in to the bank's online banking in time. When logging in, you can enter the target account (the account of the fraudster). If the password is entered incorrectly for three consecutive times, the account online banking will be locked for 24 hours.
In addition, if you know the relevant information clearly, but the police refuse to file a case, you can directly apply to the court for property preservation, freeze the deposit in the bank, and then file a civil lawsuit for return. Because it is difficult to protect the rights of online fraud, it is suggested to take legal action as soon as possible to avoid irreparable losses.
legal ground
Article 266 of the Criminal Law of People's Republic of China (PRC) on the crime of fraud
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 or there are other serious circumstances, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined or confiscated. It is otherwise provided for in this law.
Yes, according to the regulations.
Article 224 of the Criminal Law of People's Republic of China (PRC) on the crime of contract fraud.
Whoever, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined a huge amount or if there are other serious circumstances, be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
To sum up, the citizens who have been defrauded should call the police in time to recover their losses, instead of going to court blindly. On the one hand, the court may not accept cases lacking evidence and defendant information, which will delay the progress of victims' rights protection. On the other hand, if the fraud involves a large amount and a large number of people, the state needs to come forward to prosecute.