Internet fraud refers to the fraud committed by means of communication such as the Internet. In China, online fraud needs to meet three conditions, that is, it constitutes a crime and infringes on citizens' personal property rights and interests, and it has been implemented and has a clear subject. First of all, constituting a crime is one of the necessary conditions for online fraud. If online fraud does not constitute a crime, criminal responsibility cannot be investigated. According to the provisions of China's criminal law, the alleged charges of online fraud mainly include fraud, contract fraud, embezzlement and so on. Secondly, infringing citizens' personal property rights is also a necessary condition for online fraud. The direct consequence of the implementation of online fraud is the violation of citizens' personal property rights, so this condition must be met when filing a case. If online fraud does not cause actual losses to citizens' property rights and interests, it cannot constitute an act of infringing citizens' personal property rights and interests. Finally, if it has been implemented and has a clear subject, it is also one of the necessary conditions for online fraud. Online fraud must be completed and have a clear subject before it can be identified as a criminal act, otherwise it cannot be investigated for criminal responsibility. In addition, we should also pay attention to distinguish between false transactions, false propaganda and online fraud.
If the victim of online fraud is an enterprise or institution, can I file a case? If an enterprise or institution is harmed by online fraud, it can also file a case. China's Contract Law stipulates the legal application of contracts concluded between enterprises, institutions, other legal persons and other organizations and individuals for economic affairs. Therefore, if an enterprise or institution encounters online fraud during the signing process, it can be investigated for corresponding criminal responsibility according to law.
Internet fraud is a serious crime, which has caused huge property losses and psychological harm to the victims. Internet fraud must meet three conditions, that is, it constitutes a crime, infringes on citizens' personal property rights and interests, has been implemented and has a clear subject. To protect your own property, we must strengthen our understanding and prevention of online fraud.
Legal basis:
Article 261 of the Criminal Law of People's Republic of China (PRC) uses computer information networks, communication tools or other technical means to commit false fraud for the purpose of illegal possession. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, 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 five years and shall also be fined or confiscated.