1, return the stolen goods. If a person is detained on suspicion of committing a crime, his family members can return the stolen goods on his behalf, which is no different from returning the stolen goods themselves and enjoys the same relief measures as prescribed by law. After the stolen goods are returned, family members or entrusted lawyers may also apply for bail for the victims;
2. Return stolen goods in stages. Suspected criminal fraud can be returned at the stages of investigation, prosecution and trial;
3. The choice of returning stolen goods. It is best for family members or lawyers to contact the case handlers directly.
The constitutive elements of the crime of fraud include:
1. The object of the crime of fraud is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights;
2. The crime of fraud is objectively manifested in the use of fraud to defraud a large amount of public and private property;
3. The subject of the crime of fraud is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime;
4. The crime of fraud is subjectively direct and intentional, with the purpose of illegal possession of public and private property.
The boundaries of fraud are as follows:
1, the boundary between fraud and lending. For some reason, if the borrower fails to pay back for a long time, or fabricates a lie or conceals the truth to defraud the money and materials, and cannot repay them at maturity, as long as there is no purpose of illegal possession, no profligacy, no breach of contract, no fraud or deception, and there is a real intention to repay them, it still belongs to a loan dispute and does not constitute a crime of fraud.
2. The boundary between the crime of fraud and the act of defaulting on payment on behalf of others. In the name of buying goods in short supply on behalf of others, taking the payment without buying anything, misappropriating the payment without authorization, defaulting on repayment, etc., we should focus on its real purpose, the relationship between the two parties, the cause of the incident, the specific behavior of the agent, the plot and consequences of breach of contract, and correctly judge whether it has the intention of illegal possession.
3. The boundary between fraud and fund-raising enterprises concealing debts due to losses. If it is indeed a fund-raising enterprise, but because of poor management, loss of debt, going out to avoid debt, it is still a property debt dispute;
To sum up, the crime of fraud is to defraud a large amount of public and private property by fictional facts or concealing the truth for the purpose of illegal possession.
legal ground
Criminal law of the people's Republic of China
Article 64 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.