How to recover money after being scammed? 1. How to recover money after being cheated? If it constitutes a crime, you can call the police. If a crime is not committed, a civil lawsuit can be filed.
How to recover money after being scammed? 1. How to recover money after being cheated? If it constitutes a crime, you can call the police. If a crime is not committed, a civil lawsuit can be filed. Those who have been defrauded should report the case to the public security organs. The public security organs will investigate and try their best to recover the money that was defrauded. If it meets the local standards for filing a fraud case, the case will be filed. After the investigation is completed, it will be transferred to the People's Procuratorate, which will file a public prosecution with the People's Court and investigate the criminal liability of the suspect in accordance with the law. During the criminal proceedings, the victim may file an incidental civil lawsuit and demand civil liability for compensation. 2. Legal basis: Article 99 of the "Criminal Procedure Law" stipulates: "If the victim suffers material losses due to the defendant's criminal behavior, he has the right to file an incidental civil lawsuit during the criminal proceedings. If the victim dies or loses his capacity for civil conduct, If the victim's legal representative and close relatives suffer losses to state property or collective property, the People's Procuratorate may file an incidental civil lawsuit when prosecuting the crime. All property illegally obtained by criminals must be recovered or ordered to be returned as compensation, and the legitimate property of the victims must be returned in a timely manner. At the same time, Article 5, paragraph 1, of the "Regulations of the Supreme People's Court on the Scope of Acceptance of Civil Litigation Affiliated to Criminal Cases" (hereinafter referred to as the "Interpretation of Civil Litigation Affiliated to Criminal Cases") stipulates that criminals illegally occupy and dispose of the victim's property, causing him to suffer material consequences In case of loss, the people's court shall recover or order compensation in accordance with the law. Recovering or ordering restitution is a criminal method for dealing with criminals' illegal gains or illegal possession and disposal of victims' property. Therefore, the people's court will recover the illegal gains of criminals or order criminals to pay compensation as part of the criminal judgment. When the criminal is unable to voluntarily perform this obligation, he can recover compensation or order refund of compensation ex officio, and the victim can also apply to the court for compulsory execution based on this judgment. 3. The criminal law and judicial interpretations stipulate the amount of fraud: Article 266 of the "Criminal Law" stipulates that whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or confiscation property. Interpretations 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 Article 1: The amount of public or private property defrauded shall be between 3,000 yuan and 10,000 yuan, between 30,000 yuan and 100,000 yuan, and between 500,000 yuan and 500,000 yuan. , respectively identified as "relatively large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal Law. The higher people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, based on the economic and social development of the region, jointly study and determine the specific amount standard to be implemented in the region within the amount specified in the preceding paragraph, and report it to the Supreme People's Court and the Supreme People's Procuratorate for record. . Article 5 If the fraud is attempted, the amount is huge or there are other serious circumstances, the person shall be convicted and punished. Lawyer Wu Dingya suggested that using telecommunications technologies such as sending text messages, making phone calls, and the Internet to commit fraud, and the amount is difficult to verify, but if one of the following circumstances occurs, it should be deemed as "other serious circumstances" stipulated in Article 266 of the Criminal Law. Punishment for conviction of fraud (attempted): (1) Sending more than 5,000 fraudulent messages; (2) Making fraudulent phone calls more than 500 times; (3) The fraud means are egregious and the harm is serious. Lawyer Wu Dingya suggested that if the number of acts specified in the preceding paragraph reaches more than ten times the standards specified in items (1) and (2) of the preceding paragraph, or the fraud means are particularly egregious and the harm is particularly serious, it should be determined as Article 266 of the Criminal Law. "Other particularly serious circumstances" stipulated in the Article shall be convicted and punished as fraud (attempted). To sum up, if you are defrauded of money, you can directly call the police or directly sue the court to recover your losses. You will punish the criminal according to the amount of money you were defrauded. Therefore, when you know that you have been cheated, you must solve the problem through normal legal channels so that you can recover your losses faster.