China Naming Network - Weather knowledge - You can file a case for as much money as you can get.

You can file a case for as much money as you can get.

Fraud of more than 3,000 yuan can be filed.

According to the law, if the amount of defrauding public or private property is more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but less than 100,000 yuan and more than 500,000 yuan, it shall be deemed as huge and especially huge. Therefore, defrauding public and private property worth 3,000 yuan constitutes a crime of fraud.

Treatment after being cheated:

1, collect evidence. It mainly involves fraudulent activities, such as physical evidence, documentary evidence and electronic data, such as transfer records and chat records.

2. Report the case to the public security organ. After collecting evidence, the victim immediately called the police and asked the public security organ to intervene in the investigation. The public security organ will try to recover the cheated money.

3. sue for damages. If all the cheated money cannot be recovered, the victim can file a civil lawsuit with the court and sue the fraudster for compensation.

To sum up, if a swindler swindles property, the victim should calm down at the first time, pay attention to collecting evidence of fraud, and then call the police immediately. If the case cannot be fully recovered after investigation, the victim may bring a lawsuit to the court and demand compensation for the loss.

The constitutive elements of fraud are as follows:

1, object elements, the object of the crime of fraud is the ownership of public and private property, and it is limited to the property of the state, the collective or the individual. Other illegal interests, such as personal interests, are not the objective elements of fraud;

2. objective factors. The objective element of the crime of fraud is to defraud a large amount of public and private property by fraud. Fraud methods specifically include fabricating facts or concealing the truth. The fraud of the crime of fraud must make the victim have a wrong understanding, fall into a wrong understanding and then make the meaning and behavior of property disposal;

3. The main elements: the subject of fraud is the general subject, as long as it is a natural person who has reached the legal age of criminal responsibility 16 years old and has criminal responsibility ability, it can constitute the crime of fraud;

4. Subjective elements: Generally speaking, the crime of fraud is directly intentional, and the actor must have the direct purpose of illegally possessing public or private property.

In summary, individuals who defraud public or private property of more than 3,000 yuan should be placed on file. Anyone who is suspected of defrauding public or private property with a large amount of more than 3,000 yuan constitutes a crime of fraud and is sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and concurrently or solely fined.

Legal basis:

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 110 of the Criminal Procedure Law of People's Republic of China (PRC)

Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court. Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.