In the case of online car fraud, professional lawyers will take a series of legal measures to protect the rights and interests of victims. First of all, lawyers will collect relevant evidence, including chat records and transfer records, to prove the existence of fraud. Secondly, lawyers will assist victims to report cases to public security organs and provide legal support and guidance. During the trial of the case, the lawyer will file a criminal incidental civil action on behalf of the victim, investigate the criminal responsibility of the fraudster and seek economic compensation.
First, collect evidence.
Lawyers will assist victims to collect relevant evidence, including chat records, transfer records and transaction records of online car sharing platforms. These evidences can prove the existence of fraud and the economic losses of the victims.
Second, report the case.
The lawyer will assist the victim to report the case to the public security organ and provide legal support and guidance. When reporting the case, the lawyer will submit relevant evidence materials to assist the public security organs in conducting investigations.
Three. Bring a criminal incidental civil action
During the trial of the case, the lawyer will file a criminal incidental civil action on behalf of the victim. Civil action incidental to criminal proceedings refers to the way in which the victim brings a civil action against the defendant and demands the defendant to bear civil liability during the trial of criminal cases. Through criminal incidental civil action, lawyers can pursue the criminal responsibility of fraudsters and seek economic compensation.
Fourth, seek economic compensation.
In criminal incidental civil litigation, lawyers will seek economic compensation on behalf of the victims. The amount of economic compensation is usually determined according to the actual loss of the victim and the illegal income of the fraudster. If the fraudster does not have enough property to execute, the lawyer can also assist the victim to apply for court enforcement.
To sum up:
In the case of online car fraud, professional lawyers will take a series of legal measures to protect the rights and interests of victims. The lawyer will collect relevant evidence, assist the victim to report the case to the public security organ, and file a criminal incidental civil lawsuit on behalf of the victim, investigate the criminal responsibility of the fraudster and seek economic compensation. Victims should report the case to the public security organs in time, seek the help of professional lawyers and safeguard their legitimate rights and interests.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that 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; 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.