Is it illegal to be cheated of money?

It is illegal to be cheated out of money.

The money cheated online can be recovered, provided that the stolen money is not squandered or the actor has the ability to pay. If the amount of defrauding public or private property reaches the filing standard, the public security organ shall file a case for investigation with the perpetrator suspected of fraud.

Cases of swindling public and private property are as follows:

1, publishing false information through text messages, phone calls, or through the Internet, radio and television, newspapers and magazines. , fraud is not specific to most people;

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

3. Fraud in the name of disaster relief fundraising;

4. defrauding the disabled, the elderly or the disabled;

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

The process of submitting fraud cases is as follows:

1. The public security organ accepts citizens' reports, inquires about the case and makes a record;

2, the police station to review the case, there are criminal facts that want to be investigated for criminal responsibility and belong to its jurisdiction, to be placed on file;

3. Inform the complainant of the filing result within the prescribed time limit after filing the case.

To sum up, according to the requirements of the relevant criminal law, the crime of fraud requires the purpose of illegal possession. Getting the cheated money back through fraud does not have the purpose of illegal possession, because you have legal possession of your own property, and your legal possession takes precedence over the illegal possession of your property by a liar. So it's not illegal to get money back from a liar. But at the same time, you should also pay attention to the fact that you can't exceed the limit of the swindler cheating you, otherwise you will illegally occupy the swindler's money and constitute fraud.

Legal basis:

Forty-ninth "People's Republic of China (PRC) Public Security Administration Punishment Law"

Theft, fraud, looting, looting, extortion or intentional damage to public or private property shall be detained for more than 5 days 10 days, and a fine of less than 500 yuan may be imposed; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.

Article 266 of the Criminal Law of People's Republic of China (PRC)

If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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.

Article 264 of the Criminal Law of People's Republic of China (PRC)

Theft: Whoever steals public or private property in a relatively large amount, or commits theft, burglary, theft with a weapon or pickpocketing for many times, 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.

Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases.

Although the theft of public or private property has reached the starting point of "a large amount", if the circumstances are minor and there are any of the following circumstances, it may not be treated as a crime:

1, minors over 16 but under 18 commit crimes;

2. All stolen goods shall be returned and refunded;

3. Take the initiative to surrender;

4, coerced to participate in theft activities, not stolen or less stolen;

5. Other circumstances are minor and not serious.

Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases.

Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.

The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.

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Fraud of public or private property reaches the amount standard stipulated in Article 1 of this Interpretation, and under any of the following circumstances, a heavier punishment may be imposed as appropriate in accordance with 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.

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Fraud of public or private property reaches the standard of "large amount" as stipulated in Article 1 of this Interpretation, but under any of the following circumstances, if the perpetrator pleads guilty or repents, he may not be prosecuted or be exempted from criminal punishment in accordance with 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.

Article 5 of the Provisions of the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security and Ministry of National Security on Several Issues Concerning Bail Pending Trial.

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