(1) If it is just a common fraud crime, it will be under the jurisdiction of the Criminal Investigation Bureau;
(2) It is an economic crime such as fund-raising fraud, loan fraud, bill fraud, credit card fraud, etc. , under the jurisdiction of the economic investigation department.
Elements of fraud:
1. Object element. The object of infringement is public and private property ownership. Although some criminal activities also use some deceptive methods and even pursue some illegal economic interests, they are not or are not limited to the ownership of public and private property. Therefore, it does not constitute the crime of fraud;
2. Objective factors. Objectively speaking, it is manifested in the use of fraudulent means to defraud a large amount of public and private property. First of all, the perpetrator committed fraud, which formally includes two types:
(1) fabricating facts;
(2) concealing the truth.
Essentially, it is a behavior that causes the victim to fall into a wrong understanding. The content of fraud is that under specific circumstances, the victim will have a wrong understanding and make the property disposition that the perpetrator wants. Therefore, whether it is fiction or concealment of past facts, present facts or future facts, as long as it has the above content, it is fraud. If the content of the fraud does not cause them to dispose of their property, it is not a fraud. Fraud must reach the point where ordinary people can have misunderstandings and exaggerate the goods they sell. If it is not beyond the tolerance of society, it is not considered a fraud. There are no restrictions on the means and methods of fraud, which can be verbal fraud or behavioral fraud; fraud itself can be an act or an omission, that is, there is an obligation to inform a certain fact, but failure to fulfill this obligation puts the other party in a trap. If a person has a misunderstanding or continues to fall into a misunderstanding, and the perpetrator takes advantage of this misunderstanding to obtain property, it is also considered fraud. Anyone who organizes or uses religious sects or cult organizations or uses superstition to defraud property will be punished as a crime of fraud;
3. Main elements. The subject is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability to be criminally responsible can commit the crime of fraud;
4. Subjective factors. Subjectively, it is direct intention and has the purpose of illegally possessing public and private property.
Fraud, as a common economic crime, mainly defrauds others of their property through deception and false promises, seriously infringing on people's property security and credit value. According to the laws of our country, because it involves economic crimes such as property crimes, they are generally investigated by the economic investigation department. In actual law enforcement work, the economic investigation department should also conduct reasonable coordination and handling based on the specific circumstances involved in the case. For fraud cases involving forged documents, cyber attacks and other technical means, if it is impossible to ascertain the criminal facts and identify the identity during the preliminary investigation process, professionals in technical appraisal, network security, criminal investigation and other fields can be introduced to conduct more in-depth investigation and research. . In addition, for some large-scale and complex cross-border fraud cases, since they involve criminal infringements and cross-border prosecutions in different regions and countries, cooperation with cross-border law enforcement agencies should be strengthened, and measures such as cooperation with Interpol should be carried out. In short, in daily life, we must strengthen the protection and prevention of our own property to avoid becoming a victim of fraud. If you are unfortunately defrauded, you should call the police in time and actively cooperate with the investigation of the judicial authorities, strive to recover the defrauded property, and protect your legitimate rights and interests through legal means.
I hope the above content can help you. If in doubt, please consult a professional attorney.
Legal basis:
Article 266 of the "Criminal Law of the People's Republic of China"
Whoever commits the crime of fraud to defraud public or private property, and if the amount is relatively large, shall be punished with a three-year sentence fixed-term imprisonment of not less than three years and not more than 10 years, and concurrently or solely a fine; where the amount is huge or there are other serious circumstances, the sentence is to be not less than three years but not more than 10 years of fixed-term imprisonment, and a fine; where the amount is particularly huge or there are other particularly serious circumstances, The offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, such provisions shall prevail.