With the development of the Internet, online fraud has also arisen. Because of the virtualization of the network, many crimes can't be discovered and can't be investigated later. So how should victims protect their legitimate rights and interests through legal channels when they encounter online fraud? The amount of online fraud is small and the police will not accept it. What should the police do? Let's learn from the following article with me.
First, the amount of online fraud is very small. What if the police refuse to accept it?
Take the evidence to the police and the police will accept it. One of the reasons why online fraud is rampant is that the deceived people are widely distributed and it is difficult to handle cases. It involves that each person is defrauded in different amounts, and it is difficult for individual police with small amounts to accept it or
The victim feels less and does not choose to call the police, so the police's attention is reduced. In case of online fraud, the best way is to collect the cheated people and the amount first, and then go to the police together. It's just that the amount is large and the number of people cheated is large.
Only when there are more people calling the police will the police pay attention to organizing personnel to handle cases as soon as possible.
Article 266 of the Criminal Law
If the crime of fraud defrauds public or private property, and the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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 three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
Second, the constitutive elements of fraud
(1) object element. The object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights. The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. Its goal should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in article 193.
(2) objective factors. Objectively, this crime is manifested in the use of fraud to defraud a large number of public and private property. First of all, the perpetrator committed fraud, which includes two forms: one is to fabricate facts, the other is to conceal the truth; Essentially, it is an act that makes the victim fall into a wrong understanding. The content of fraud is that under certain circumstances, the victim will have a wrong understanding and make the property disposal that the perpetrator hopes. Therefore, whether it is fiction or concealing facts, as long as there is the above content, it is fraud. If the fraudulent content does not make them dispose of their property, it is not fraudulent fraud. Fraud must reach the point where ordinary people can have a wrong understanding and exaggerate the goods they sell. If it is not beyond the tolerance of society, it is not fraud.
(3) Main elements. The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
(4) Subjective factors. Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.
Third, anti-fraud skills
The 1. link should be secure. Before submitting any sensitive or personal information, especially your credit card number, please ensure that the data is encrypted and transmitted through a secure connection. Your browser and the server of your website should support relevant industry standards, such as SET (Secure Electronic Transaction) and SSL (Secure Sockets Layer).
2. Protect computer security, ensure that computer firewalls and antivirus software are up to date, and prevent all kinds of viruses or Trojans from invading. Before conducting large-scale online transactions, it is best to check whether the computer is poisoned.
According to my introduction, everyone should have a preliminary understanding of the problem of how to deal with the small amount of online fraud and the refusal of the police. Because the amount of fraud is small, it is difficult to recover, and the manpower and material resources consumed are huge, the public security organs are unlikely to accept it, but the victims will defend their rights together. When the amount of fraud is too large, the public security organ will accept it.