Can the Black Cat complaint platform recover the money that has been defrauded?

It is not always possible to recover the money.

Generally speaking, the money may not be recovered, if the complaint initiated by the black cat passes, the black cat will immediately contact the merchant to deal with it, and under normal circumstances, the merchant will deal with it immediately in order to minimize the loss, and will immediately return the money. However, the black cat complaint is only a platform to provide complaints, and the black cat complaint itself does not have any binding force on the business, in the final analysis, it only plays a role in supervising and regulating the business, and does not have the right to enforce the law, so it is very likely that the complaint in the black cat complaint will not achieve the expected effect.

However, there is a red and black list for black cat complaints, and businesses that refuse to handle complaints will be included in the black list, and businesses that handle well will be selected into the red list. This list will be published online and can be seen by all consumers, so it will have an impact on consumers' consumption behavior.

Precautions for Black Cat Complaints:

Can the black cat complaint platform recover the defrauded money in a few days to complete the review, as long as the content is compliant, it can be approved within 48 hours, and the complaint is successful after passing.

Within two working days, there will be black cat customer service verification, and then feedback to the complained office, about 15 days after the review will have a processing result, if the complaint content does not pass the review will not have a processing result, so when complaining, try to write the specific content of the matter, that is, the person of the complaint object, location, time, etc., to improve the pass rate.

There are also successful cases, but there is no guarantee of recovery.

1. Black Cat Complaint is a consumer service platform under Sina, through which users can complain about irregular behaviors of merchants, and there is also a corporate reputation list to help consumers make consumer behavior decisions. On March 14, 2018, Weibo and Sina.com jointly held the March 15 Forum with the theme of "Building a New Consumption Ecology", and the consumer service platform Black Cat Complaint jointly launched by the two parties was officially launched.

2. If the user has a dispute with the enterprise in the process of consumption, he can submit the corresponding voucher for complaint through BlackCat. On November 6, 2019, the collective complaint function was launched, and after one person initiates a collective complaint, others can quickly participate based on the content filled in by the initiator. This feature simplifies the consumer complaint process and provides a channel and platform for "mutual assistance".

At the same time, the rights defenders involved in collective complaints can share information, form a joint force, expand the influence of complaints, and urge enterprises to resolve complaints more efficiently, so as to better protect their legitimate rights and interests.

3. In order to solve consumer complaints more efficiently and help real high-quality service enterprises stand out, the Black Cat complaint platform has launched the "Red and Black List" of enterprises as an important indicator to measure the quality of customer service of merchants. At the beginning of each month, a number of key factors such as the complaint resolution efficiency of merchants are calculated and ranked, and the complaints handled by each merchant are inventoried, so as to achieve full transparency of the reputation of the merchants. The launch of the "red and black list" of black cat complaints, on the one hand, can provide reference for the majority of consumers, on the other hand, it is also a praise for enterprises that provide high-quality services, and a reward for irresponsible enterprises.

Expand your information; 1. Black Cat and Jindun Network Dispute Mediation Center have reached a strategic cooperation.

On December 11, 2020, the Black Cat Complaint Platform and Jindun Network Dispute Mediation Center announced that they had reached a strategic cooperation to jointly promote the implementation of "dispute mediation between netizens and **", provide better mediation services for disputes between netizens and enterprises through online mediation, effectively resolve online conflicts, and build a harmonious cyberspace.

Second, Black Cat has reached a strategic cooperation with China Quality Miles.

On March 29, 2021, the Organizing Committee of China Quality Improvement Project and Sina Black Cat jointly signed a memorandum of strategic cooperation, and the two sides made use of their respective advantages in policy guidance, resource allocation and service dissemination to carry out comprehensive cooperation in the field of consumer quality services involving the high-quality development trend of enterprises and promoting the upgrading of quality consumption. Assist in the establishment of unified product and service standards in related industries, provide corresponding support for quality improvement projects, and make it easier for consumers to rely on social forces such as industry experts and authorities.

In principle, criminal suspects should be held accountable, and illegal gains should be returned. All property illegally obtained by criminals shall be recovered or ordered to be returned; The victim's lawful property 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.

Here's how to recover the defrauded money:

1. If a citizen is defrauded, he or she should report to the public security organ where the fraud occurred to recover his losses;

3. Keep as much evidence as possible, such as screenshots of payment records or bank transfer documents, screenshots of chat records, call recordings, etc.;

Legal basis: Article 266 of the Criminal Law of the People's Republic of China.

Fraud] Fraud of public or private property, where 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.

What are the constitutive elements of the crime of fraud?

1. The object of infringement of the crime of fraud is the ownership of public or private property;

2. The crime of fraud is objectively manifested in the use of fraudulent methods, fabricating facts or concealing the truth to defraud a relatively large amount of public or private property;

3. The subject of the crime of fraud is a general subject;

4. The crime of fraud is manifested intentionally in the subjective aspect.

Legal analysis: Not necessarily, it needs to be determined in conjunction with the facts of the case. After being deceived by **, you should keep the evidence such as transfers and chat records, and report the case immediately.

If the criteria for filing a case are met, the public security organs will file a case. According to the relevant judicial interpretations, if the amount of fraud reaches more than 3,000 yuan, it can be found to be a crime of fraud. If you want to recover the money, you must have the evidence to do so.

It is advisable to find evidence to prove everything that has been said.

Legal basis: Article 266 of the Criminal Law of the People's Republic of China: 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: Be careful to avoid being fooled twice. It is recommended to report directly to the police and protect their legitimate rights and interests in accordance with the law.

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 has other provisions, follow those provisions.

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