How can I get my money back if I've been scammed?

If it constitutes a crime, it can be reported to the police. If it does not constitute a crime, a civil lawsuit can be filed; if it meets the local standards for filing a fraud case, a case will be filed. After the investigation is completed, the case will be transferred to the People's Procuratorate, which will file a public prosecution with the People's Court and investigate the criminal liability of the suspect in accordance with the law. During the criminal proceedings, the victim may file an incidental civil lawsuit and demand civil liability for compensation.

1. How can you recover money if you are cheated? If it constitutes a crime, you can report it to the police. If a crime is not committed, a civil lawsuit can be filed. Those who have been defrauded should report it to the public security organs. The public security organs will investigate and try their best to recover the defrauded money. Those who meet the local standards for filing fraud crimes will be filed for processing. After the investigation is completed, the case will be transferred to the People's Procuratorate, which will file a public prosecution with the People's Court and investigate the criminal liability of the suspect in accordance with the law. During the criminal proceedings, the victim may file an incidental civil lawsuit and demand civil liability for compensation.

2. Legal basis: Article 99 of the "Criminal Procedure Law" stipulates: "If the victim suffers material losses due to the defendant's criminal behavior, he has the right to file an incidental civil lawsuit during the criminal proceedings. . If the victim dies or becomes incapacitated, the victim’s legal representative and close relatives have the right to file an incidental civil lawsuit. If state property or collective property is damaged, the People’s Procuratorate may initiate an incidental civil lawsuit when filing a public prosecution.” Article 64 of the "Criminal Law" stipulates that all property illegally obtained by criminals must be recovered or ordered to be returned as compensation, and the legitimate property of the victim must be returned in a timely manner. At the same time, Article 5, paragraph 1, of the Supreme People's Court's "Regulations on the Scope of Civil Litigation Accompanying Criminal Actions" (hereinafter referred to as the Interpretation of Civil Litigation Accompanying Criminal Actions) stipulates that if criminals illegally occupy and dispose of the victim's property and cause the victim to suffer material losses, the people's court shall The court shall recover or order refund of compensation in accordance with the law. Recovering or ordering repayment of compensation is a criminal treatment method stipulated by law for criminals' illegal gains or illegal possession and disposal of victims' property. Therefore, in criminal judgments, the People's Court will recover criminals' illegal gains or order criminals to repay compensation. as part of a criminal sentence. When criminals cannot proactively fulfill this obligation, they can recover or order compensation ex officio, and the victim can also apply to the court for enforcement based on the content of this judgment.

3. The "Criminal Law" and judicial interpretations stipulate the amount constituting the crime of fraud: Article 266 of the "Criminal Law" stipulates that whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to not more than three years. Fixed-term imprisonment, criminal detention or surveillance, and concurrently or solely with a fine; if the amount is huge or there are other serious circumstances, the sentence is to be not less than three years but not more than 10 years of fixed-term imprisonment and a fine; if the amount is particularly huge or there are other particularly serious circumstances, the sentence is to be 10 years or more. shall be sentenced to fixed-term imprisonment of not less than 1 year or life imprisonment, and shall also be fined or have property confiscated. "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" Article 1 Fraud of public and private property worth 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, and more than 500,000 yuan shall be determined as "relatively large amount", "huge amount" and "especially 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, 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. Article 5 Anyone who attempts fraud, targets a huge amount of property, or has other serious circumstances shall be convicted and punished.

Lawyer Wu Dingya reminded that using telecommunication technology means such as sending text messages, making phone calls, and the Internet to defraud an unspecified majority of people. The amount of the fraud is difficult to verify, but if one of the following circumstances occurs, it should be deemed as stipulated in Article 266 of the Criminal Law. "Other serious circumstances" will result in conviction and punishment for fraud (attempted): (1) Sending more than 5,000 fraudulent messages; (2) Making more than 500 fraudulent calls; (3) Fraudulent means and serious harm. Lawyer Wu Dingya reminds that those who commit the acts specified in the preceding paragraph and the quantity reaches more than ten times the standards specified in items (1) and (2) of the preceding paragraph, or the fraud means are particularly egregious and the harm is particularly serious, shall be deemed to be under Article 260 of the Criminal Law. "Other particularly serious circumstances" stipulated in Article 6 shall be convicted and punished as fraud (attempted). Based on what has been said above, if you are defrauded of money, you can directly call the police, or you can directly sue the court to recover your losses, and the criminals will be punished according to the amount of money defrauded, so when you know After you have been defrauded, you must use normal legal channels to solve the problem, so that you can recover your losses faster.