Can the Alipay password red envelope be recovered?

Usually, Alipay password red envelopes require you to enter the password set by the sender before you can receive the red envelope amount. After the user sends the password red envelope, as long as he does not tell other people the password, the amount of the red envelope cannot be collected. was collected. The validity period of the red envelope is generally 12 hours. If no one claims it within 12 hours, the red envelope amount will be automatically refunded. If someone else knows the password, the red envelope cannot be recovered after being collected. But if the situation is consistent with fraud, it is different and can be solved through legal channels. Fraud is a criminal crime, and the perpetrator must be held criminally responsible. The illegal gains must be recovered and compensated. The victim has the right to file a criminal incidental civil lawsuit in court to require the other party to return the fraudulent property.

Legal basis: Article 266 of the "Criminal Law of the People's Republic of China" Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also be sentenced to or If the fine amount alone 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 if the fine amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined or Confiscation of property.

"Interpretation 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 or private property worth 3,000 yuan to more than 10,000 yuan, 30,000 yuan to 100,000 yuan If the amount exceeds 500,000 yuan, it shall be deemed as "relatively large amount", "huge amount" or "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 the region, jointly study and determine the specific amount standards to be implemented in the region within the amount range specified in the preceding paragraph. Report to the Supreme People's Court and the Supreme People's Procuratorate for filing.

"Interpretation 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 5 If the fraud is attempted, a huge amount of property is used as the target of the fraud, or there are other serious circumstances, Should be convicted and punished. Using telecommunications 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 shall be deemed as "other serious circumstances" stipulated in Article 266 of the Criminal Law. ”, punished for attempted fraud: 1. Sending more than 5,000 fraudulent messages; 2. Making more than 500 fraudulent calls; 3. The fraud means are bad and the harm is serious. 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 those whose fraud methods are particularly egregious and the harm is particularly serious, shall be deemed as "other particularly serious crimes" as stipulated in Article 266 of the Criminal Law. "Circumstances", he was convicted and punished for attempted fraud.

Article 64 of the "Criminal Law of the People's Republic of China" 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 in a timely manner; contraband and Personal property used for committing crimes shall be confiscated. All confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by oneself.

Article 99 of the "Criminal Procedure Law of the People's Republic of China" 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 state or collective property suffers losses, the People's Procuratorate may initiate an incidental civil lawsuit when filing a public prosecution. When necessary, the people's court may seal up or detain the defendant's property.