How to prove that you are not aware of fraud?

You can provide relevant physical evidence that you didn't communicate with the fraudster, videos that you weren't there during the fraud and the testimony of relevant personnel to prove this point. Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.

How to constitute the crime of fraud?

The elements that constitute the crime of fraud are as follows:

1, the object of infringement is the ownership of public and private property;

2. Objectively, it is characterized by using fraudulent methods (fictional facts or concealing the truth) to defraud a large amount of public and private property;

3. The subject is a general subject;

4. Subjectively, it has direct intention and the purpose of illegally occupying public and private property.

How to identify fraud?

The authentication method of fraud is as follows:

1, the boundary between fraud and lending. If the borrower fails to repay the money for a long time for some reason, or defrauds the money and materials by fabricating lies or concealing the truth, and cannot repay the money when it is due, as long as there is no illegal purpose of possession, no profligacy, no breach of contract and no fraud, it still belongs to a loan dispute and does not constitute a crime of fraud;

2. The boundary between the crime of fraud and the act of defaulting on payment on behalf of others. In the name of buying goods in short supply on behalf of others, taking the payment without buying anything, misappropriating the payment without authorization, defaulting on repayment, etc., we should focus on its real purpose, the relationship between the two parties, the cause of the incident, the specific behavior of the agent, the circumstances and consequences of breach of contract, and correctly judge whether it has the intention of illegal possession. If you can clearly want to shop for others, but you still want to return the goods, because you can't buy and misappropriate them, you can't be punished as fraud. Cheating in the name of purchase, defrauding a large amount of property, squandering it, having no intention to return it at all, and unable to return it, shall be punished as fraud;

3. The boundary between fraud and fund-raising enterprises concealing debts due to losses. If it is indeed a fund-raising enterprise, but because of poor management, losses and liabilities, and go out to hide debts, it is still a property debt dispute. This is essentially different from the purpose of illegal possession and absconding with money by fraudsters in the name of raising funds to run enterprises.

To sum up, to prove that you don't know about the fraud, you can show your itinerary, mobile phone chat records, videos of your absence during the fraud, testimonies of relevant personnel, etc.

Legal basis:

Article 1 of the Interpretation 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 swindle public or private property in an amount of 3,000 to 10,000 yuan or more, 30,000 to 100,000 yuan or more, and 500,000 yuan or more shall be deemed as "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, in light of the economic and social development of the region, jointly study and determine the specific amount standards to be implemented in the region within the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.

Article 266 of the Criminal Law of People's Republic of China (PRC)

The crime of fraud defrauds public or private property, and if 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.