Call the police for online fraud, will the police take care of it?

Hello:

Internet fraud police will take care of it. The public security bureau shall file a case for investigation after receiving a report of a fraud of more than 3,000 yuan. Article 1 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud" stipulates: Fraudulent public and private property worth 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, 500,000 yuan If the amount exceeds RMB 10,000, it shall be deemed as "relatively large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law. After filing a case, the Public Security Bureau can take investigative measures, criminally detain the suspect, freeze bank deposits, and seize stolen money and stolen goods.

The answer to the question "Will the police take care of Internet fraud" is yes. Internet fraud is also a type of fraud. If the circumstances are minor, administrative penalties and civil penalties will be imposed. If the circumstances are serious, more severe criminal penalties will be imposed. punishment. Internet fraud is a new type of crime, and it has a wide audience and is highly harmful to society. What I need to remind everyone here is that as the Internet penetrates into people's lives, online fraud is pervasive, and everyone must be vigilant at all times.

1. Deceptive methods

1. Hackers steal other people’s virtual property through network viruses. Generally, there is no need to go through the stolen procedures

It is carried out through the back door, which is fast and can be transmitted across regions, making the detection time longer.

2. Netizens deceive. Generally speaking, it refers to the method of making friends online, getting acquainted with real people or on the Internet, and then obtaining the property information after being trusted by the person who has been stolen. Slow, but the detection speed is slow.

3. Internet "Ponzi fraud". Generally speaking, it refers to getting rich quickly through false propaganda on the Internet. The organization uses people without Internet work experience to use online advertising and other means as a gimmick to collect membership fees and commit fraud.

2. The composition of the crime of Internet fraud

(1) Object elements

The object of this crime is the ownership of public and private property. Although some criminal activities also use certain deceptive methods and even pursue certain illegal economic interests, the objects they infringe are not or are not limited to public and private property ownership. Therefore, it does not constitute a crime of fraud. For example: abducting and trafficking women and children is a crime of infringement of personal rights.

The crime of fraud only targets national, collective or individual property, rather than defrauding other illegal benefits. Its objects should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in Article 193.

(2) Objective elements

This crime objectively manifests itself as using fraudulent methods to defraud large amounts of public and private property. First of all, the perpetrator committed a fraudulent act. Formally speaking, the fraudulent act includes two categories: one is fabricating facts and the other is concealing the truth; in essence, it is an act that causes the victim to fall into a wrong understanding. The content of a fraudulent act is to create a misunderstanding in the victim under specific circumstances and make the property disposition desired by the perpetrator. Therefore, whether it is fabrication or concealment of facts, as long as it has the above content, it is a fraudulent act. If the fraudulent content does not enable them to make property dispositions, it is not a fraud crime. Fraudulent behavior must reach the level that ordinary people can have misunderstandings. If the goods sold are exaggerated and do not exceed the tolerance of society, it is not fraudulent behavior.

(3) Subject Requirements

The subject of this crime is a general subject. Any natural person who has reached the legal age of criminal responsibility and has the ability to commit criminal responsibility can commit this crime.

(4) Subjective elements

The subjective aspect of this crime is direct intention and the purpose of illegally possessing public and private property.

3. Penalty for Internet Fraud

l. Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined;

2. 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;

3. If the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to not less than ten years in prison. Fixed-term imprisonment or life imprisonment, and a fine or confiscation of property.

According to the provisions of Article 1 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud" (effective from April 8, 2011): Fraudulent public and private property values ??are three Amounts ranging from 1,000 yuan to 10,000 yuan, 30,000 yuan to 100,000 yuan or more, and 500,000 yuan or more shall be deemed as “larger amounts”, “huge amounts” and “huge amounts” as stipulated in Article 266 of the Criminal Law respectively. The amount is extremely huge." The higher people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, based on the economic and social development conditions of their respective regions, jointly study and determine the specific amount standard for implementation in their respective regions within the amount range specified in the preceding paragraph, and report it to the Supreme People's Court and the Supreme People's Procuratorate. Procuratorate filing.

If multiple telecom network frauds are committed within two years without being dealt with, and the cumulative amount of the fraud constitutes a crime, the offender shall be convicted and punished in accordance with the law.

Whoever commits the crime of telecommunications and network fraud, reaches the corresponding amount standard, and falls under any of the following circumstances shall be severely punished as appropriate:

1. Causing suicide, death or mental disorder of the victim or his close relatives and other serious consequences;

2. Impersonating staff of judicial organs and other state agencies to commit fraud;

3. Organizing and directing telecommunications network fraud criminal gangs;

< p>4. Those who commit telecommunications network fraud overseas;

5. Those who have received criminal punishment for telecommunications network fraud or have received administrative penalties for telecommunications network fraud within two years;

6. Defrauding the property of disabled people, the elderly, minors, school students, and people who have lost the ability to work, or defrauding seriously ill patients and their relatives;

7. Defrauding disaster relief, emergency rescue, flood prevention, Financial assistance, poverty alleviation, immigration, relief, medical care, etc.;

8. Fraud in the name of social welfare and charity such as disaster relief and fundraising;

9. Pursuing phone calls System and other technical means that seriously interfere with the work of public security organs and other departments;

10. Use "phishing website" links, "Trojan horse" program links, network penetration and other covert technical means to commit fraud.

Any person who commits the crime of telecommunications network fraud, and the amount of fraud is close to the standards of "huge amount" or "particularly huge amount", and falls under any of the circumstances specified in Article (2) above, shall be deemed to be a criminal offender under the second category of the Criminal Law respectively. "Other serious circumstances" and "other particularly serious circumstances" stipulated in Article 166.