Call the police first or sue first if you are cheated.

Call the police first, because fraud violates the Law on Public Security Administration Punishment even if it does not constitute a crime, which belongs to public security administrative cases.

First, rely on public security organs to recover.

When you realize that you have been cheated, you should keep relevant evidence and call the police for help at the first time. It's best to leave professional things to professional people. After all, the police are good at catching liars, right? They can use the right of investigation to freeze the account of the swindler, or they can investigate the whereabouts of the cheated money. After being arrested, it is best to freeze the cheated money in the bank card or collect the stolen money. Now liars are also studying law, and they often engage in some small frauds, all of which cost 10,000 to 20,000 yuan. The value of a single case is not enough to meet the standard of criminal filing, and the local police handled it according to public security cases, so they did not emphasize criminal filing. Some deceived friends think that their losses are small, they are afraid of losing face, and there is little possibility of recovery, so they are unwilling to report the case, which gives some scammers an opportunity and becomes a bit rampant.

Second, in order to be given a lighter punishment, the liar will also take the initiative to refund the victim.

After the swindler is caught, in order to get leniency, he will also take the initiative to refund the compensation to the deceived person. If they return the compensation and get the understanding of being cheated, the court can punish them lightly. In this case, the cheated money can be recovered, provided that the liar is willing to return and has the money to return. If the money has been squandered, it will be difficult. However, sometimes relatives of swindlers will make compensation for them.

Third, being cheated into a lawsuit

If the police don't confiscate the stolen money, the swindler won't pay it back after being caught. The deceived person can bring a lawsuit to the court to demand compensation from the swindler, or bring an incidental civil lawsuit while the judicial organ investigates his criminal responsibility. After the court's judgment, if the swindler still fails to perform the court's judgment, the deceived person may apply to the court for enforcement. If the court finds that the swindler has no executable property after investigation, it can suspend execution first and resume execution when the swindler has executable property. As long as the liar doesn't die, he can't escape this liability for compensation.

1. Individuals or families who encounter fraud should actively cooperate with the public security organs to investigate and collect evidence. The best way is to report the case directly to the public security organ.

For those online fraud cases, if the victim's report can directly lead to the end of the case investigation, then when the public security organ files a case for investigation, the victim can also go directly to the police station to receive the report receipt. However, it should be noted that for some types of fraud cases, the victim must provide a small amount of money he cheated, and there is corresponding evidence to prove that the suspect has obtained the consent of the victim or the application entrusted by the victim's family before filing the case. If it is an economic crime, it is necessary to provide evidence such as written proof that the victim and his family demand to return the defrauded money or pursue civil liability. If the amount of fraud is large or has constituted a criminal offence, it is necessary to actively cooperate with the public security organs in criminal investigation of the victims.

2. If you have been defrauded and are suspected of other frauds or other crimes, you should also report the case to the public security organ in time.

In our country, the law protects citizens' personal rights and property rights. And if you say that you have been suspected of fraud and other crimes, then you should report the case to the public security organ in time. Because you may have committed fraud or other crimes, you should report the case to the public security organ in time so that the public security organ can investigate you, thus protecting your rights and interests and recovering your losses.

3. If the money is defrauded by other family members, but there is no related criminal act, you can also directly sue in the local court and ask them to return it.

This is because if the fraud is caught and the victim has not committed a crime, then the victim can directly file a lawsuit with the local people's court, which is what we usually call a civil lawsuit, asking the other party to return the money. Although I usually find a professional lawyer when defending my rights, I always don't know what to do. You can also find some non-governmental rights protection organizations to protect rights together. For example, as a civil rights organization, I can contact the victims, understand their experiences, collect evidence, negotiate and seek legal help.

4. You can also file a lawsuit for criminal incidental civil compensation with the local people's court and ask the public security organ to make compensation and dispose of the property involved.

For the lawsuit of criminal incidental civil compensation, we should first apply to the public security organ to obtain the evidence of the victim, and then bring a lawsuit to the court.

legal ground

Criminal law of the people's Republic of China

Article 266 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 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.

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 2 Whoever cheats public or private property to the amount specified in Article 1 of this Interpretation, under any of the following circumstances, may be given a heavier punishment according to the provisions of Article 266 of the Criminal Law:

(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;

(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;

(three) fraud in the name of disaster relief fund-raising;

(four) defrauding the disabled, the elderly or the disabled;

(5) Causing the victim to commit suicide, mental disorder or other serious consequences.

If the amount of fraud is close to the standards of "huge amount" and "extremely huge amount" as stipulated in Article 1 of this Interpretation, and it falls into one of the circumstances as stipulated in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.

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.

Article 4 Whoever defrauds the property of a close relative and the close relative knows it may generally not be treated as a crime.

If it is really necessary to pursue criminal responsibility by defrauding the property of close relatives, the specific treatment should also be lenient as appropriate.