Can telecom fraud be recovered?

Whether telecom fraud can be recovered depends on the situation.

According to the relevant regulations of our country, all the illegal and criminal gains will be recovered, and the telecom fraud losses will be recovered by the public security organs during the investigation. Telecom fraud cases are not all criminal cases. When telecom fraud constitutes a criminal offence, the public security organ will file a case according to the criminal case. Fraud through SMS, radio and television for many times constitutes fraud, and is generally punished with fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Fraud of public or private property reaches the prescribed amount standard, and under any of the following circumstances, a heavier punishment may be imposed as appropriate in accordance with the relevant provisions:

1, publishing false information through text messages, phone calls, or through the Internet, radio and television, newspapers and magazines. , fraud is not specific to most people;

2, defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials;

3. Fraud in the name of disaster relief fundraising;

4. defrauding the disabled, the elderly or the disabled;

5. Causing the victim to commit suicide, mental disorder or other serious consequences.

Knowing that others commit fraud, provide them with credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, fee settlement, etc. , should be punished for * * *. Whoever impersonates a staff member of a state organ to commit fraud and at the same time constitutes a crime of fraud and swindling and cheating shall be convicted and punished in accordance with the provisions of heavier punishment. If the ownership of fraudulent property and its fruits that have been sealed up, detained or frozen after the incident is clear, it shall be returned to the victim; If the ownership is unclear, the victim may be returned according to the proportion of the defrauded money and goods to the total amount of property and fruits seized, detained or frozen in this case, but the compensation already returned shall be deducted.

legal ground

Criminal law of the people's Republic of China

Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall 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.