Joke Collection Website - Public benefit messages - Can’t the victim be convicted if he doesn’t admit that he was cheated?
Can’t the victim be convicted if he doesn’t admit that he was cheated?
The victim can be convicted if he does not admit that he was cheated.
As long as the evidence is solid, you can be convicted.
The elements that constitute fraud include the following three aspects:
1. Deceptive means: Fraud crimes must use deceptive means, that is, by fabricating facts, concealing the truth, promising future actions, etc. , causing the victim to believe false statements or behaviors, thereby obtaining his/her property;
2. Property: Property refers to items with economic value, including currency, securities, valuables, etc. In the crime of fraud, there must be a transfer of property or a transfer of custody rights;
3. Loss: The victim must have actual economic losses after suffering fraud. Whether it is direct economic loss or indirect economic loss, as long as the loss is caused by fraud, it can constitute the crime of fraud.
The following are several tips to prevent fraud:
1. Stay vigilant: Stay vigilant and do not easily trust strangers or information from unknown sources;
2 . Protect personal information: Do not easily disclose sensitive personal information to strangers, such as ID number, bank account number, password, etc.;
3. Do not click on links at will: Do not click on links or downloads from unknown sources at will. Attachments to avoid falling into fraud traps such as phishing and Trojan horses;
4. Verify information through multiple channels: Verify the authenticity of the information through multiple channels, such as phone calls, text messages, emails, etc.;
5. Learn anti-fraud knowledge: Pay more attention to anti-fraud knowledge and improve your awareness and ability to prevent fraud;
6. Call the police in a timely manner: If you find that you have been defrauded, you should call the police in time and retain relevant evidence.
In summary, victims who have been defrauded of property should report to the police in a timely manner. After the public security organs accept the case, they will file the case if there are indeed criminal facts and meet the conditions for filing the case, and conduct timely investigations to collect comprehensive and objective information. , Obtain relevant evidence materials. After the case is solved, all property illegally obtained by criminals shall be recovered or ordered to be returned as compensation; the legitimate property of the victim shall be returned promptly.
Legal basis:
Article 266 of the Criminal Law of the People's Republic of China
The crime of fraud involves defrauding public and private property, with a relatively large amount 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 and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other special If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.
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