According to the relevant laws and regulations of our country, the public security organs are responsible for recovering the money involved in fraud cases. If the property really belongs to the victim, it will be returned to the victim.
The specific procedures for returning fraud cases are as follows:
1, Return of stolen goods: If a person is detained on suspicion of committing a crime, his family members can return the stolen goods on his behalf, just like returning the stolen goods themselves, and enjoy the same relief measures as prescribed by law. After the stolen goods are returned, family members or entrusted lawyers may also apply for bail for the victims pending trial.
2. At what stage should stolen goods be returned? Suspected criminal fraud can be returned at the stages of investigation, prosecution and trial. However, if there is a plan to return the stolen goods from the time of arrest, it is recommended to return the stolen goods in the investigation stage. Because if the crime is not serious, you can apply for bail pending trial and you don't need to be held in a detention center; Even if it is impossible to obtain bail pending trial, the prosecution can also make suggestions for a lighter punishment when prosecuting. From these aspects, it is better to return stolen goods in the investigation and prosecution stage than before the trial.
3. Choice of return method of stolen money: It is best for family members or lawyers to contact the case handlers directly. Some telecommunication network frauds are committed by people whose case handling units are not in this province. The suspect's family asked local well-informed people to contact the police in the case-handling area, and then asked for the return of stolen goods and a lighter punishment. A lot of money has been spent during this period, and sometimes things may not be done well. Find the case handlers directly by yourself or with lawyers, put forward the idea of returning stolen goods to them, and understand the next disposal measures.
4. Obstacles encountered when returning stolen goods: In some cases, perhaps due to the consideration of the transition period, the police are not very welcome to return stolen goods. At this time, we should sincerely express our wishes to the case-handling personnel, or find the person in charge of the unit to reflect. Because, in the absence of the local situation, I don't know the information of the victim, and there are also problems in communication. It is much more convenient to handle it through the case handlers. Besides, it's their duty.
5. Negotiate compensation directly with the victim to get an understanding: for local victims or victims who know the victim information from other places, they can also get in touch directly with the victim to negotiate compensation and get the other party's understanding. The advantage of this is that if the funds are not enough to return all the stolen money of the victim, you can negotiate with the victim and get a letter of understanding without paying off all the money. The disadvantage is that there is a risk of duplication, and some victims will charge exorbitant prices.
6. Return the stolen goods through the middleman: Many people choose to return the stolen goods through the middleman, that is, find the local case-handling unit or someone familiar with the victim and let him mediate the return of the stolen goods. This method can save a lot of things, and sometimes it will have a good effect. The disadvantage is that you need to bear the corresponding commission or benefit fee, and there is a risk of being cheated.
It is certainly welcome for the victim to voluntarily return the stolen goods after fraud, and it is also of positive significance to the suspect. If the stolen goods are returned at the investigation stage and the understanding of the victim is obtained, they can be released on bail pending trial, and the sentencing range can be reduced by less than 30% during the trial.
Second, how long can the stolen goods be returned after the fraud case is closed?
There is no clear time for the return of stolen goods in fraud cases. Under normal circumstances, after the fraud case is closed, the public security organ will ask the other party to return the stolen goods. If the other party returns stolen goods, it shall return the stolen money to the victim. However, if the defendant refuses to return the stolen money, the public security organ fails to find the confiscated stolen money or the defendant is unable to return the stolen money, no organ will voluntarily return the stolen money to you. In this case, a separate civil lawsuit is filed to demand repayment from the other party.
Under normal circumstances, it usually takes about 5 months for a fraud case to execute the court's judgment and return the stolen goods.
There are two main ways to return compensation after the fraud case is closed. One is that fraudsters voluntarily return compensation before bringing a public prosecution, and the other is that after the court makes a judgment and the judgment takes effect, the public security organ returns the recovered compensation for the proceeds of crime.
After the people's court hears a criminal case of fraud, if the defendant is convicted, the criminal needs to make restitution, and the victim's restitution should be implemented after the judgment takes effect, but whether the victim can get restitution depends on the specific case.
However, according to the provisions of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud, if the fraudster voluntarily pleads guilty and actively returns the stolen money and goods before the trial, the people's procuratorate may decide not to prosecute or reduce the criminal punishment according to the circumstances of the crime.
3. What if the fraudster does not return the stolen goods after sentencing?
It is a criminal's legal obligation to return stolen goods. According to the provisions of China's criminal law, fraudsters who fail to return the stolen money will be punished according to the circumstances of the crime, and the public security organs will recover the stolen money and order them to make restitution.
According to the relevant provisions of the Criminal Law of People's Republic of China (PRC)
Article 64 Disposal of criminal articles All property illegally acquired by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.
The above is the legal knowledge about how to return stolen goods in fraud cases. To sum up, for fraud cases, you can generally reduce your sentencing after returning stolen goods, so you must actively return stolen goods.