After the actor bears criminal responsibility, he also needs to bear civil responsibility. The statutory criminal responsibility is to defraud 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; Other statutory sentencing circumstances. If the victim is defrauded and the criminal takes his own money, generally speaking, there are two ways to recover the loss:
1. Criminal recovery: Through criminal proceedings, after the criminal suspect is convicted, the court can order him to return the money you were cheated. This is a way to recover losses through criminal procedures. However, it should be noted that the suspect may be unable or unwilling to repay, so there is no guarantee that the loss will be fully recovered;
2. Civil litigation: You can bring a lawsuit to the court through civil litigation procedures and demand compensation from the criminal suspect. In civil litigation, you need to provide evidence to prove the facts of fraud and the amount of loss, and ask the court to judge the criminal suspect to compensate you for your loss. If the court decides the criminal suspect to pay compensation, you can recover some or all of the cheated money.
The trial process of fraud crime generally includes the following steps:
1. File a case: When the police or relevant authorities receive a fraud report, they will file an investigation. They will collect the testimony of the victims and collect relevant physical evidence. , and conduct a preliminary investigation;
2. Investigation stage: In the investigation stage, the police or relevant authorities will conduct more in-depth investigations and collect more evidence, including obtaining evidence, investigating the people involved, tracking the flow of funds, and sealing up the inquest;
3. Initiate public prosecution: After the investigation stage, the procuratorial organ will review the case and decide whether to initiate public prosecution. If the suspect is found guilty, the procuratorate will file a public prosecution with the court;
4. Trial in court: Once the case is accepted by the court, it will be heard in court. During the trial, the plaintiff, defendant and their defense lawyers will present evidence, state their opinions, and conduct cross-examination and debate. The court will judge according to the legal provisions and the sufficiency of evidence;
5. Judgment: After the trial, the court will make a judgment. The court will judge whether the defendant is guilty of fraud according to the evidence and legal provisions, and make corresponding judgments according to the circumstances and relevant legal provisions.
To sum up, it is not always easy to recover the cheated money, and the result depends on the financial situation of the suspect and other factors. Before criminal recovery or civil litigation, you should consult your local lawyer to understand the relevant legal procedures and the possibility of your recovery. In addition, some regions have set up special compensation funds to help fraud victims get compensation. You can consult your local legal institution or lawyer to find out whether there is any relevant compensation mechanism available for application.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC)
If the crime of fraud defrauds public or private property, and 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.