As a victim of a criminal case, you have the right to hire a lawyer. You can decide whether to hire a lawyer to intervene according to your own needs, and you can hire a lawyer to claim compensation for the civil part. Fund-raising fraud is a criminal act committed by the actor for the purpose of possessing private property or state or collective property. Generally speaking, if people want to file a fund-raising fraud case in court, the victim must collect evidence and submit a complaint to the people's court, which is quite cumbersome for those who don't know the relevant laws and regulations. But if you entrust a lawyer, you will save a lot of trouble. Then, do the victims of fund-raising fraud need a lawyer?
1. What is the crime of fund-raising fraud? The crime of fund-raising fraud refers to a large amount of illegal fund-raising for the purpose of illegal possession, in violation of relevant financial laws and regulations, disrupting the normal financial order of the country and infringing on the ownership of public and private property. "Illegal possession" in the crime of fund-raising fraud should be understood as "illegal possession". From this concept, we can see that this crime is a crime of purpose, a statutory crime, a crime of amount and a crime of consequence. The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. According to Article 211 of this section, a unit can also be the subject of this crime. Under normal circumstances, this purpose is embodied in transferring the ownership of illegally raised funds to oneself, or squandering them at will, or absconding with the money after possessing the funds. According to Article 192 of the Criminal Law of the People's Republic of China, whoever illegally raises funds by fraudulent means for the purpose of illegal possession shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 21,111 yuan but not more than 211,111 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 51,111 yuan but not more than 511,111 yuan; 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 11 years or life imprisonment, and shall also be fined not less than 51,111 yuan but not more than 511,111 yuan or confiscated property.
second, how does the victim sue for fund-raising fraud?
(1) Victims of fraud cases cannot file incidental civil actions. Article 1 of the Provisions on the Scope of Civil Proceedings Attached to Criminal Matters issued by the Supreme People's Court in 2111 (hereinafter referred to as the Scope of Civil Proceedings Attached to Criminal Matters) states: "Anyone who suffers material losses due to criminal infringement of personal rights or destruction of property by criminals may file an incidental civil action." Article 5: "If a criminal illegally occupies or disposes of the victim's property, thus causing him material losses, the people's court shall recover it or order him to make restitution according to law. The people's court may consider the situation of recovery or restitution as a sentencing circumstance. If the loss cannot be made up after recovery or restitution, the people's court may accept the case if the victim files a separate civil lawsuit with the civil court of the people's court. " As can be seen from the above provisions, only those whose personal rights have been violated by crimes and suffered material losses or whose property has been destroyed by criminals can bring an incidental civil action. In the case of property infringement cases in which the property has been illegally possessed and disposed of by criminals, the victim's material losses should be recovered or ordered to make restitution by the case-handling organ according to law. If the loss cannot be made up after recovery or ordering restitution, a separate civil action can be brought. That is to say, the victim of fraud cases can't file an incidental civil action in the criminal proceedings, but should be directly recovered by the case-handling organ or ordered to make restitution. This provision seems to save the trouble for the victim to file an incidental civil action, but in practice it puts the victim in a very embarrassing position. Because the victim can't file an incidental civil action, he doesn't have the qualification as a party in criminal proceedings. So, even if the content of continuing to recover or refund compensation is clearly defined in criminal judgment, whether the victim can directly apply to the enforcement court for enforcement with an effective criminal judgment has become a controversial issue (see below for details).
(2) There is insufficient basis for the victims of fraud cases to apply for compulsory execution of the "criminal recovery and restitution judgment". The so-called "criminal recovery and restitution judgment" refers to the content of the judgment of the people's court in criminal judgment, ordering the defendant in a criminal case to return the original proceeds of crime to the victim, or ordering the defendant to compensate the victim with the same price or similar things in case of the loss of the original. Whether the court should take the initiative to enforce the "criminal recovery and restitution judgment" is not clearly stipulated in China's current legislation, but whether the victim can apply for enforcement of the "criminal recovery and restitution judgment". The Provisions on Several Issues Concerning the Execution of People's Courts (for Trial Implementation) issued by the Supreme People's Court in 1998 (hereinafter referred to as the "Implementation Provisions") did not include the "Criminal Recovery and Compensation Judgment" in the scope of executable legal documents. In practice, different courts also have different practices. Some courts directly transfer the criminal judgment with the content of recovery and compensation to the enforcement department for enforcement, while others think that the content of criminal recovery and compensation has no enforcement effect.
(3) Do the victims of fund-raising fraud need a lawyer? As a victim of a criminal case, you have the right to hire a lawyer. You can decide whether to hire a lawyer to intervene according to your own needs, and you can hire a lawyer to claim compensation for the civil part. For criminal fraud cases, the victim can decide whether to hire a lawyer to defend himself according to the specific circumstances and ask the actor to make civil compensation. After entrusting the case to a lawyer, the victim can be relieved of his fear of not knowing legal knowledge, and at the same time, he can get the corresponding compensation with greater confidence, and the probability of recovering the amount of fraud is relatively high.