1. If the public security organ or procuratorate restricts the personal freedom of the relatives and friends of the parties concerned, according to the law, the summons or compulsory summons shall generally not exceed 12 hours, and shall not be detained in disguised form by continuous summons or compulsory summons. In criminal detention, except for three kinds of circumstances that hinder investigation or cannot be notified, the family members or the unit where the detainee belongs shall be notified within 24 hours.
2. Close relatives have the right to know. Whether it is a notice of criminal detention by telephone or email, the relatives and friends of the parties concerned can know the suspected charges and the location of the detention center from the case handlers.
If you are under criminal detention or arrested, only a lawyer can see you. According to the existing law, family members or friends can't meet criminal suspects, only when they attend court meetings. During this period, only lawyers are entrusted to enter the detention center to meet with criminal suspects or defendants. Lawyers can enter the detention center to know the following information: whether the client was tortured to extract confessions, bullied or abused by fellow prisoners, provide legal advice and help, understand the charges and cases involved, feedback the concerns and hopes of family and friends, and their situation inside, get bail on his behalf, appeal or accuse on his behalf, and so on.
The elements of fraud are:
1. Object elements: the object of this crime is the ownership of public and private property; Limited to the property of the state, collective or individual, rather than defrauding other illegal interests; Its goal should also exclude loans from financial institutions; Because article 193 of the criminal law has specifically stipulated the crime of loan fraud;
2. Objective elements: this crime is objectively manifested in the use of fraud to defraud a large number of public and private property;
(1) The perpetrator commits fraud; Formally speaking, fraud includes two types, one is to fabricate facts, the other is to conceal the truth, both of which are essentially behaviors that make victims fall into wrong understanding;
(2) fraud makes the other party have a wrong understanding; The wrong understanding of the other party is caused by the fraud of the actor, even if the other party has certain judgment errors, it does not hinder the establishment of fraud;
(3) The crime of fraud requires the victim to dispose of his property after falling into a wrong understanding;
(4) After the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property; According to Article 266 of the Criminal Law, it is a crime to defraud a large amount of public or private property;
3. Subject elements: the subject of this crime is a 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. Subjective elements: subjectively, this crime is direct and intentional, with the purpose of illegally possessing public and private property.
To sum up, if you have been criminally detained, it means that you have been suspected of committing a crime, but the crime of fraud may have different treatment results according to the seriousness of the case. If the amount of fraud is relatively small, such as tens of thousands of dollars, in this case, it is recommended to contact the family members in time to let the family members refund the compensation to the victim and obtain the understanding of the victim. This is because the social harm is relatively small, and if there are no other serious consequences, under normal circumstances, you can get a bail pending trial after returning the compensation.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC)
If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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.