Will the refund be filed for fraud?
According to the relevant judicial interpretation of our country, the suspect of fraud has the performance of actively returning the stolen money and goods, and the amount of fraud is large, so he can make a decision not to prosecute, and the public security organ will not file a case.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud
Article 3 Although swindling public or private property meets the standard of "large amount" as stipulated in Article 1 of this Interpretation, if the perpetrator pleads guilty or repents, he may not be prosecuted or be exempted from criminal punishment according to the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law:
Having a statutory lenient punishment;
(2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned;
(three) did not participate in the distribution of stolen goods or less stolen goods and not the principal;
(4) the victim understands;
(5) Other circumstances are minor and harmless.
Criminal law of the people's Republic of China
Article 37 Non-penalty measures may be exempted from criminal punishment if the circumstances of the crime are minor, but they may be admonished or ordered to make a statement of repentance, apologize and compensate for losses according to the different circumstances of the case, or be given administrative punishment or administrative sanction by the competent department.
Pretending to be a good friend can you get it back when you borrow money?
Others pretend to be friends to borrow money and are suspected of fraud. At this time, the deceived person can call the police. As for whether the cheated money can be taken back, it depends on the specific situation:
First, if the suspect is arrested, if the money is seized from him, the cash will definitely be returned to you.
Second, if a criminal suspect buys property with illicit money, he must wait until the court decides to return it.
Third, if the suspect deposits money in the bank, the public security organ needs to freeze the suspect's bank account, and then the court will make a judgment.
Fourthly, if the suspect runs out of money, or the public security organ can't recover the stolen money, then you can only file an incidental civil lawsuit with the court and demand compensation from the suspect.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC) defrauds public or private property, and if the amount is relatively large, he 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.