Joke Collection Website - Blessing messages - Will you bear legal responsibility for refusing to sign and bear the freight when you encounter telephone fraud and promote cash on delivery?

Will you bear legal responsibility for refusing to sign and bear the freight when you encounter telephone fraud and promote cash on delivery?

You can't. You can refuse, don't answer the phone or ask the courier to return it directly, and you won't bear any legal responsibility.

It is recommended to record in time and keep the evidence. At present, many mobile phones have the function of total recall. Once you find that the other person's speech or language is different, try to press the recording button to record the other person's voice as strong evidence, and then call the police in time to recover the economic loss to the maximum extent.

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Related cases:

Recently, Mr. Tian of Hunan received a "cash on delivery" courier marked "important documents", thinking that it was sent by the company and didn't think much. When he opened the parcel, he found that these "goods" were actually pieces of waste paper.

Coincidentally, Ms. Zhao from Beijing had a similar experience. Without online shopping, she received a courier marked "cosmetics", which was found to be inferior goods after signing; She asked the sender for a statement, but the other party's phone was busy all the time. "Isn't this a fraud?" Zhao Nvshi said angrily.

Since May last year, many netizens have encountered similar scams. According to netizens, most of these couriers are shampoo, perfume and first jewelry. The cost is only a few dollars, sometimes it is simply waste paper, but the price of cash on delivery is tens of dollars.

A case handler of the public security department told the reporter that there are two main types of express fraud: one is a "fake courier" who directly defrauds the victim of the payment; The other is that fraudsters send emails. After obtaining consumers' personal information, we used some loopholes of express delivery companies to send some worthless goods to express delivery company payment collection.

Investigators said that after the implementation of the real-name registration system, most of the fraud cases of "express delivery" were the first type. This new type of fraud has attracted the attention of many policemen.

Provisions on fraud in the laws of China;

Criminal law of the people's Republic of China

Article 266 stipulates that the crime of fraud refers to the act of fabricating facts or concealing the truth for the purpose of illegal possession, and defrauding a large amount of public or private property. The object of the crime of fraud is not to defraud other illegal interests.

Explanations 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;

Those who defraud public or private property in an amount of 3,000 yuan to 10,000 yuan, 30,000 yuan to 100,000 yuan to 500,000 yuan shall be deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.

Whoever defrauds public or private property to reach the above-mentioned amount standard in 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 above-mentioned standards of "huge amount" and "especially huge amount", and it belongs to one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.

References:

Baidu encyclopedia-fraud