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Does the Interpol Brigade manage fraud?
1. Is fraud under investigation or criminal investigation?
Fraud belongs to investigating crimes.
1, object element
(1) The object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights.
(2) The object of the crime of fraud is limited to the property of the state, the collective or the individual, not to defraud other illegal interests. Its goal should also exclude loans from financial institutions. Because article 193 of the criminal law has specifically stipulated the crime of loan fraud.
2. Objective factors
(1) Objectively, this crime is characterized by using fraudulent methods to defraud a large number of public and private property.
First, the perpetrator committed fraud. Formally speaking, fraud includes two kinds, one is to fabricate facts, the other is to conceal the truth, both of which are essentially behaviors that make victims fall into wrong understanding.
According to the provisions of Article 300 of the Criminal Law, anyone who organizes or uses religious sects or cult organizations or uses superstition to defraud property shall be punished as fraud.
Secondly, fraud makes the other party have a wrong understanding. The misunderstanding of the other party is caused by the fraud of the perpetrator. Even if the other party has some misjudgments, it does not hinder the establishment of fraud. Finally, after the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property.
Is fraud an investigation or a criminal investigation?
Second, the difference between criminal investigation and economic investigation?
Criminal investigation and economic investigation are the division of cases within the public security organs. Criminal investigation generally deals with crimes that endanger public safety, such as arson, water inrush and explosion. Smuggling crimes such as guns and ammunition, nuclear materials, cultural relics, precious metals, precious animals and precious animal products infringe on citizens' personal rights. Cases of democratic rights such as intentional homicide, negligent death, intentional injury, negligent serious injury, rape, compulsory indecency, insulting women, indecent children, illegal detention (except crimes committed by state functionaries), kidnapping, abduction and trafficking of women and children, and cases of property infringement such as robbery, theft, fraud and looting.
Economic investigation mainly deals with economic-related cases, such as crimes of disrupting market order (such as contract fraud, collusive bidding, illegal business operation, etc.). ), the crime of infringing intellectual property rights, the crime of endangering tax collection and management (such as falsely issuing VAT invoices, tax evasion, etc.). ), financial fraud (such as fund-raising fraud, loan fraud, bill fraud, letter of credit fraud, etc. ), and crimes of disrupting financial order (such as counterfeiting money, holding and using counterfeit money, etc.). ).
Third, what is fraud?
Fraud refers to the act of defrauding a large amount of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession.
On 20021July 14, the anti-fraud warning short message 1238 1 was officially launched, which realized the real-time short message warning for potential fraud victims for the first time. The system can automatically analyze and find potential victims by using big data, artificial intelligence and other technologies according to the numbers involved provided by public security organs! If you receive the message of 1238 1, please be on high alert!
The above is the relevant answer about whether fraud is under investigation or criminal investigation. To sum up, after the victim disposed of the property by fraud, the actor obtained the property, thus damaging the victim's property. If you have other legal questions to consult, you can contact our professional lawyers on the French Open platform to provide you with quality legal services.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 64 of the Criminal Law.
All property illegally acquired by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.
Article 3 of the Criminal Procedure Law
Public security organs are responsible for the investigation, detention, execution of arrest and preliminary examination of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers.
In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.
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