How to recover the elderly who have been deceived in their investment

Legal analysis: If the investment is defrauded, you need to go to the public security bureau to report the case, and the case can be filed if the amount involved exceeds 2,000 yuan; Go to the industrial and commercial bureau to complain: call 12345 mayor ** to complain; Go to the China Litigation Network to report and protect your rights; Go directly to the court to file a lawsuit; Defend your rights with other victims.

Legal basis: Civil Code of the People's Republic of China

Article 148:Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request that the people's court or arbitration institution revoke it.

Article 149:Where a third party commits fraudulent conduct, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know of the fraudulent conduct, the defrauded party has the right to request that the people's court or arbitration body revoke it.

Article 150:Where one party or a third party uses coercion to cause the other party to carry out civil juristic acts contrary to their true intentions, the coerced party has the right to request that the people's court or arbitration body revoke it.

Criminal Law of the People's Republic of China

Article 192:Where fraudulent methods are used to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of 7 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

<> when facing fraud, we must maintain a calm state, listen to each other slowly, and find a way to get out of this predicament, and should not let the other party confuse themselves. When encountering fraudsters, you can help yourself through legal channels and protect your rights and interests, so that you can get a good protection. It is also possible to get the money back.

Legal analysis: The old man was deceived and immediately called the police. After being defrauded of property, regardless of whether the defrauded property can be successfully recovered, the police should be reported to the police as soon as possible to protect legitimate rights and interests.

The victim should try his best to provide ** with more clues related to the case to facilitate the detection of the case and facilitate the smooth recovery of the defrauded property. **After the case is detected and the suspect is caught, and the fact of fraud is determined, the stolen money involved in the case will be returned in accordance with the law. If the stolen money has been squandered, the criminal suspect may be required to make restitution in accordance with the law.

Legal basis: Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

Where defrauding public or private property constitutes the crime of fraud, the sentencing standards are as follows:

1. The National Unified Recovery Center, route 113, 4204, 198, the number is connected together on the Q reed.

2. Where public or private property is defrauded of 3,000 to 10,000 RMB or more, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine;

3. Where public or private property is defrauded of 30,000 to 100,000 RMB, where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given;

4. Where public or private property is defrauded of 500,000 yuan or more, and the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property.

Report to the nearest public security bureau and police station for the record!! It's better to be able to provide clues and evidence to the police to solve the case!!

Alarm, see the specific situation analysis.

After the elderly are deceived, they can directly call 110** or go to the public security organ where the crime occurred to report to the police. Where the amount defrauded of an elderly person reaches 3,000 RMB, the other party constitutes the crime of fraud and is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given;

[Legal basis].Article 266 of the Criminal Law.

where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

Legal Analysis: Recoverable Parts. The circumstances of each case are different, and the circumstances of the recovery of stolen goods are also different.

Legal basis: "Opinions of the Supreme People's Court, Supreme People's Procuratorate, and Ministry of Public Security on Several Issues Concerning the Application of Law in Handling Criminal Cases of Illegal Fundraising" Article 5: Funds illegally absorbed from the public are unlawful gains. Returns such as interest and dividends paid to fundraising participants with the absorbed funds, as well as fees such as fees, benefit fees, rebate fees, commissions, and commissions paid to those who help absorb funds, shall be recovered in accordance with law.

If the principal of the fundraising participant has not been returned, the return paid can be deducted from the principal. In any of the following circumstances, illegally absorbed funds and their converted property are used to pay off debts or transferred to others, they shall be recovered in accordance with law:

1) Others clearly know that the above-mentioned funds and property are received, (2) others obtain the above-mentioned funds and property free of charge, (3) others obtain the above-mentioned funds and property at a significantly lower than market level, (4) the other person obtains the above-mentioned funds and property because of illegal debts or illegal and criminal activities, and (5) other circumstances that shall be recovered in accordance with law.

Assets involved in the case that are sealed, seized, or frozen that are prone to depreciation and have relatively high storage or maintenance costs may be sold or auctioned in accordance with relevant provisions before the conclusion of the litigation. The proceeds are to be kept by the sealing, seizure, or freezing organs, and are to be disposed of together after the conclusion of the litigation.

Summary. Hello. Legal Analysis:

What should the elderly do if they are deceived into investing and do not listen to persuasion: (1) If they are deceived of money, they must first collect and retain relevant information and evidence, and then call the police after collecting as much evidence as possible; (2) After calling the police, actively cooperate with the police to understand the case and wait patiently for the police to deal with it; (3) If the amount defrauded is not large and does not constitute a crime, you can also file a civil lawsuit; (4) If the amount defrauded is relatively large and meets the local standards for filing a case of fraud, you can file a lawsuit with the court.

Hello. Legal analysis: what should I do if the elderly are deceived into investing and do not listen to persuasion:

1) If you have been cheated of money, you must first collect and retain relevant information and evidence, and you can call the police after collecting as much evidence as possible; (2) After calling the police, you should actively cooperate with the police to solve the case and wait patiently for the police to deal with it; (3) If the amount defrauded is not large and does not constitute a crime, you can also file a civil lawsuit; (4) If the amount defrauded is relatively large and meets the local standards for filing a case of fraud, you can file a lawsuit with the court.

Legal basis: Article 266 of the Criminal Law of the People's Republic of China [Crime of Fraud] Where the amount of fraud against public or private property is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

II. How to punish those suspected of the crime of fraud 1. Where the amount of fraud is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; 2. Where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; 3. Where the amount is especially huge or there are other especially serious affections, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property.

1. The elderly can choose to report to the Internet police or the local police station, complain to the consumer protection association, report to the industrial and commercial department, ask for help, directly sue the people's court or apply to the arbitration commission for arbitration.

2. The elderly can report to the food and drug supervision department if they are deceived by buying things, use meetings and networks to illegally market health food, change the packaging of food and health care products, and change the production date to be shoddy, once consumers find these illegal acts, they can call 12331** to report.

3. The elderly can claim compensation according to law if they are deceived by buying things.

If a consumer suffers damage due to food that does not meet food safety standards, he or she may claim compensation from the operator or the producer. Producers and operators who receive consumer compensation requests shall implement a first-bear responsibility system, pay compensation first, and must not pass the buck; If it is the responsibility of the producer, the operator has the right to recover from the producer after compensation; If it is the responsibility of the operator, the producer has the right to recover from the operator after compensation. Where proprietors commit fraud in providing goods or services, they shall increase compensation for the losses they have suffered in accordance with consumers' requests, and the amount of increased compensation is three times the price of the goods purchased by the consumers or the cost of receiving services; Where the amount of increased compensation is less than 500 RMB, it is 500 RMB.

What should the elderly do if they are deceived into buying health care products?

1. You can strengthen negotiation with the merchant and request the return of the purchased products and money.

After the children find out that the elderly have been deceived, they should keep the purchase receipts and products, find the health care product company in time, and ask for the return of the products and money.

2. You can report to the Health Bureau, the Food and Drug Administration and the Industrial and Commercial Bureau to request the recovery of the defrauded money.

3. Collect and fix relevant evidence, sue the merchant in the people's court, and also list the merchant and the health care product salesman as co-defendants.

If the negotiation or reporting fails, the consumer may file a lawsuit with the people's court. Under normal circumstances, it is the health product salesman who comes to the door, and the health product salesman can also be listed as a co-defendant.

4. You can report the case to the public security organ and investigate the legal responsibility of the merchant in accordance with the law.

If the merchant exaggerates the facts, falsely publicizes, fabricates or disseminates false food safety information, it may violate the administration of public security, and consumers can report to the public security organs.

[Legal basis].

Criminal Law of the People's Republic of China

Article 266:Where public or private property is defrauded and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

Legal Analysis: Yes, the public security organs shall file a case for investigation in accordance with law, and if the perpetrator is suspected of committing the crime of fraud, the perpetrator shall be promptly investigated for criminal responsibility.

Legal basis: Article 266 of the Criminal Law of the People's Republic of China [Crime of Fraud] Where the amount of fraud against public or private property is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.