The amount of money defrauded can be filed

If you are deceived, you can file a case.

Regardless of the value of an online fraud case, as long as it meets the requirements for filing a case, it can be filed. Police officer Cheng Shengkai said that under normal circumstances, according to the amount of online fraud committed by the perpetrator, they are sentenced to fixed-term imprisonment of less than 3 years, fixed-term imprisonment of more than 3 years and not less than 10 years, fixed-term imprisonment of more than 10 years, and life imprisonment.

If you have been defrauded of more than 3,000 yuan, you can file a case and deal with it, and the relevant judicial interpretations stipulate that 3,000 yuan is a relatively large amount, and criminal responsibility can be pursued in accordance with the provisions of the law, and in specific circumstances, it can be determined according to the actual fraud and the consequences caused.

1. How much money can be filed if you have been cheated?

If you have been defrauded of more than 3,000 yuan, you can file a case and deal with it, and the standard for filing a case for the crime of fraud is "a relatively large amount", that is, if the amount of public or private property defrauded is relatively large, it constitutes the crime of fraud. Where public or private property is defrauded with a value of 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be "a relatively large amount", "a huge amount", or "an especially huge amount" as provided for in article 266 of the Criminal Law. The high people's courts and people's procuratorates of all provinces, autonomous regions, and directly governed municipalities may, in consideration of the economic and social development situation in that region, jointly research and determine the specific monetary standards for enforcement in that region within the range of amounts provided for in the preceding paragraph, and report to the Supreme People's Court and Supreme People's Procuratorate for filing.

II. Requirements for Determining the Crime of Fraud.

First, the perpetrator committed fraud. Fraud includes two types of formal acts, one is the fabrication of facts, and the other is the concealment of the truth, both of which are essentially acts that cause the victim to fall into a false understanding. The content of the fraudulent act is to cause the victim to misunderstand the victim in a specific situation and to dispose of the property as desired by the perpetrator.

Therefore, whether it is fabrication or concealment of past facts, present facts and future facts, as long as it has the above content, it is a kind of fraud.

Second, fraud creates a false perception on the other side. The other party's misunderstanding is caused by the actor's fraudulent acts, and even if the other party has a certain error in judgment, it does not prevent the establishment of the fraudulent acts. Between the fraud and the disposition of property by the other party, it is necessary to intervene in the misunderstanding of the other party.

If the other party disposes of the property without misunderstanding due to fraud, the crime of fraud is not established. The counterparty to the fraud only requires that the person who has the authority or status to dispose of the property be the owner or possessor of the property.

Finally, when the fraud causes the victim to dispose of the property, the perpetrator acquires the property, thereby causing damage to the victim's property. According to article 266 of the Penal Code, it is a crime to defraud public or private property only if the amount is relatively large.

If the handling of the relevant circumstances is unclear, a lawyer may be consulted to make a legal definition, and as long as the standards for filing a case are met, it is necessary to pursue the relevant criminal responsibility.

Legal basisArticle 266 of the Criminal Law of the People's Republic of China [Crime of Fraud] Whoever defrauds public or private property, and the amount is relatively large, 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; 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: fraud must reach an amount of more than 3,000 yuan before a case can be filed. Case filing refers to a litigation activity in which public security, judicial organs, and other administrative law enforcement organs decide to investigate or try materials such as reports, accusations, reports, voluntary surrenders, and private prosecutors' prosecutions in accordance with their respective jurisdictions.

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.

If you are deceived, you can file a case.

No matter how valuable an online fraud case is, as long as it meets the requirements for filing a case, it can be filed and discussed for loss. Police officer Cheng Shengkai said that under normal circumstances, according to the amount of the perpetrator's online fraud, they are sentenced to up to 3 years in prison, 3 years to 10 years in prison, more than 10 years in prison, and life imprisonment. Leakage.

According to the relevant provisions of China's criminal law, a case can be filed if you are defrauded of more than 3,000 yuan. The crime of fraud refers to the use of fictitious facts or methods to conceal the truth for the purpose of illegal possession to defraud a relatively large amount of public or private property. The minimum amount for the crime of fraud is that the amount is relatively large.

In accordance with article 1 of the "Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud", "where public or private property is defrauded with a value of 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be a "relatively large amount", "huge amount", or "especially huge amount" as provided for in article 266 of the Criminal Law. Provincial-level high people's courts and people's procuratorates may consider the region's economic and social development to research and determine the specific amount standards for enforcement in that region. Therefore, if an individual is defrauded of 3,000 yuan to 10,000 yuan of public or private property, it is a "relatively large amount", and the specific standard for filing a case has been met.

"Interpretation of the Supreme People's Court and the Supreme People's Court on Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud".

Article 1: Where public or private property is defrauded with a value of 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be 'relatively large amounts', 'huge amounts', or 'especially huge amounts' as provided for in Criminal Law article 266.

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. Where this Law provides otherwise, follow those provisions.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Legal Analysis: Where public or private property is valued at 3,000 RMB or more, a corresponding penalty may be given based on the specific circumstances, with specific ranges ranging from 3,000 RMB to 10,000 RMB, 30,000 RMB to 100,000 RMB, and 500,000 RMB. For Li Qishu to use telecommunications network technology to commit fraud, defrauding public or private property worth more than 3,000 yuan may be sentenced, meeting the standards for filing a case with a high degree of failure.

Legal basis: Article 1 of the "Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud".

Where public or private property is defrauded with a value of 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be "a relatively large amount", "a huge amount", or "an especially huge amount" as provided for in article 266 of the Criminal Law.

The high people's courts and people's procuratorates of all provinces, autonomous regions, and directly governed municipalities may, in consideration of the economic and social development situation of that region, and within the range of amounts provided for in the preceding paragraph, jointly research and determine the specific amount standards for the number of enforcement in that region, and report it to the Supreme People's Court and Supreme People's Procuratorate for filing.