1, object element
The object of the crime of fraud is the ownership of public and private property. The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. Its goal should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in article 193.
2. Objective factors
The crime of fraud is objectively manifested in the use of fraud to defraud a large number of public and private property. First of all, the perpetrator committed fraud. Under certain circumstances, the victim had a wrong understanding and made the property disposal that the perpetrator hoped.
3. Main elements
The subject of this 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. Subjective factors
Subjectively, the crime of fraud is direct and intentional, with the purpose of illegal possession of public and private property.
If the accumulated amount of fraud exceeds 2,000 yuan, criminal responsibility for fraud can be investigated, that is, a case can be filed. However, the amount from 3000 yuan to 10000 yuan is relatively large, and then criminal responsibility shall be investigated. The amount below 2000 may be punished by public security.
If you are cheated, you should first collect and save relevant data and evidence, such as screenshots of remittance and transfer records, screenshots of chat records with scammers, or video or audio materials that can prove that you have been cheated;
After collecting as much evidence as possible, you can call the police. After the alarm, we should actively cooperate with the police to understand the case and wait patiently for the police to handle it.
If the amount of fraud is not large and does not constitute a crime, a civil lawsuit can also be filed; If the amount of fraud is large and meets the local standards for filing fraud, you can bring a lawsuit to the court and file a case for handling.
Therefore, if you find yourself cheated, you can call the police directly, or you can directly sue the court to recover the losses.
Being cheated, we can do it in the following ways:
The first move is to dial 1 10. Please call 1 10 first, and don't go directly to the police station near your home to report the case. Here, you should distinguish the difference between 1 10 and the police station. 1 10 is our national police call and a national platform. More importantly, 1 10 will record your alarm to prevent some public security departments from shirking.
The second measure is to prepare the evidence for reporting. You should prepare the evidence you collected when reporting the case. It is best to check the relevant laws and regulations, explain the case directly to the public security department, give proof materials and issue corresponding laws and regulations. At this time, it is difficult for the public security department to refuse to accept it. And if you just go to the public security department empty-handed, then the public security department has reason not to file a case.
The third measure is to ask for a report receipt. Whether the public security department files a case or not, be sure to ask the police uncle who received you to open a report receipt for you. Whether you file a case or not, there should be a result. If the police uncle doesn't give it, you can call 12389, which is the supervision telephone number of the public security department. As long as you call, the public security department has to follow the procedure and give everything that should be given.
The fourth move, of course, is also the most powerful one, which is to start the supervision of filing a case. When you have finished all the previous procedures, congratulations if the case is established. If the case has not been filed, and you firmly believe that it should be filed, the public security should pursue it. You can report the situation to the corresponding procuratorate with the receipt of not filing a case issued by the public security organ. If the procuratorate believes that the public security organ should file a case instead of filing it, it shall order the public security organ to file a case for acceptance.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).
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 shall only, be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also 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.
Article 192
Whoever defrauds illegal fund-raising for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the amount of punishment is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.