Is there a good chance that the money will be recovered?

Legal Analysis: The probability depends on the length of time it takes to solve the case, and the longer the case is solved, the less funds will be recovered. The facts of the crime of telecommunications network fraud are clear, although the number of victims is large but relatively scattered, so the attention is not enough, and many people do not report the case for various reasons.

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.

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. Where this Law provides otherwise, follow those provisions.

In fact, if you are defrauded, it is difficult to recover the money, but what you can do is to keep the evidence and report it to the police in time.

Legal Analysis: The success rate of clawback is less than 30%. There are two ways to return it:

1. When the transfer is selected, it is real-time arrival, in which case the bank cannot recover it, and it can be reported to the police as soon as possible.

Legal basis: "Criminal Law of the People's Republic of China" Article 266: Where the amount of fraud against public or private property is relatively large, a sentence of 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 is to be given. Where this Law provides otherwise, follow those provisions.

1. Internet fraud cases are generally difficult to solve, it is inconvenient to investigate and collect evidence, and the time to solve the case will be relatively long, which is not conducive to recovering the victim's losses;

2. As a victim, take the initiative to contact **, provide as much and detailed information as possible to help solve the case, which is conducive to catching the criminal as soon as possible and recovering losses.

3. After the case is solved, if the stolen money is recovered, it may be returned to you, and if the stolen money and goods cannot be recovered, there is no place to make up for your losses;

4. Whether the defrauded money can be recovered depends on whether the case can be solved and whether the stolen money stolen by the suspect can be wasted, if the case is not solved or the stolen goods are wasted, it cannot be recovered, or the victim can be returned.

[Legal basis].

Article 49 of the Law of the People's Republic of China on Public Security Administration Punishments: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally damages public or private property is to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB. Article 51: Those who impersonate employees of state organs or use other false identities to deceive are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

Those who pretend to be military or police personnel to swindle and deceive are to be given a heavier punishment. Article 77: Public security organs shall promptly accept and register cases of violations of the administration of public security transferred by persons who report, accuse, report, or violate the administration of public security, as well as cases of violations of the administration of public security transferred by other administrative departments or judicial organs. Article 78: Where public security organs find that a case is a violation of the administration of public security after receiving a report, accusation, report, or surrender, they shall immediately conduct an investigation; Where it is found that it is not a violation of the administration of public security, the person making the report, the accuser, the informant, or the person who surrenders shall be notified, and the reasons shall be explained.

Legal analysis: The money may not be recovered after being deceived and reported, but you can call the police and the police will help deal with it, but the amount does not meet the standard for filing a case. If the cumulative amount of fraud exceeds 2,000 yuan, the criminal responsibility for the crime of fraud can be investigated, that is, the case can be filed.

However, if it is more than 3,000 yuan to 10,000 yuan, the amount is relatively large, and then criminal responsibility will be investigated. If the amount is less than 2000, you may be punished by the public security. The police may detain criminals for not less than 5 days but not more than 10 days and impose a fine of not more than 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days and/or a fine.

Legal basis: Article 49 of the "Public Security Administration Punishment Law of the People's Republic of China" Anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

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.

After the offender has been dealt with in accordance with the law, the property can be recovered. If the public security organ files a case for investigation, the procuratorate transfers the case for review and prosecution, and after the court hears and makes a ruling, the perpetrator of the fraud is convicted in accordance with law, then all property illegally obtained by the public security organ shall be recovered or ordered to be returned. The lawful property of the victim shall be promptly returned.

However, if the offender is not brought to justice, or if he is brought to justice but has no property, then it may be difficult to recover the victim's losses. If the criminal suspect actively returns the stolen goods and makes restitution before initiating a public prosecution, reducing the occurrence of harms, the punishment may be mitigated or commuted.

[Legal basis].

Criminal Law of the People's Republic of China》 Article 64: All property illegally obtained by criminals shall be recovered or ordered to be returned; The lawful property of the victim shall be promptly returned. Contraband and personal property used in the crime shall be confiscated. All confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of on their own.

Legal analysis: If you are deceived and you should choose to call the police as soon as possible, the probability that the money can be recovered is very high, if the case is cracked and the suspect is caught, the defrauded property will be recovered. Conversely, if the police are not called, the probability of recovery is zero.

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.

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.