1. Can I apply for damages after being cheated?
After being defrauded, causing property losses, the victim can call the police, and after the criminal suspect is arrested, the victim can claim civil compensation. After recovering the proceeds of crime, the public security organ may also make restitution to the victim.
Criminal Procedure Law of the People's Republic of China
Article 101 If the victim suffers material losses due to the criminal act of the defendant, he has the right to bring an incidental civil action in criminal proceedings. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to file an incidental civil action.
If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution.
Criminal law of the people's Republic of China
Article 64 Disposal of criminal articles All property illegally acquired by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.
Second, what are the conditions that constitute the crime of fraud?
1. The object of the crime of fraud is public and private property, not other illegal interests. In a word, the purpose of fraud is to cheat money. However, we should know that some crimes also require fraud, such as abducting and selling women and children and defrauding bank loans, which does not belong to the crime of fraud in the criminal law. These crimes have corresponding charges in criminal law, such as loan fraud.
2. The crime of fraud has objectively implemented fraud and defrauded a large number of public and private property. Fraud is usually manifested in two forms, one is to fabricate facts, the other is to conceal the truth, both of which are aimed at making victims fall into wrong understanding and make wrong property disposal. For example, Zhang San lied that there was a batch of wood for sale, and through a series of deception, Li Si believed and paid the "payment for goods", so it can be considered that Zhang San committed fraud and had the criminal fact of fraud.
3. The subject of the crime of fraud is the general subject, and any natural person who reaches the legal age of criminal responsibility and has criminal responsibility ability can constitute the crime of fraud. Generally speaking, as long as a normal person is over 16 years old, it can constitute the crime of fraud.
4, the perpetrator is intentional fraud, and it is for the purpose of illegal possession, otherwise it should not be considered as fraud. For example, A sold a used car to B, saying that it was inspected last year, but B later found that the vehicle had potential safety hazards, and generally it could not be considered that A constituted fraud. Disputes between Party A and Party B shall be handled as civil disputes, and both parties can settle them through court proceedings.
From the above analysis, we know that according to the provisions of the Criminal Procedure Law, if the victim suffers material losses due to the defendant's criminal behavior, he can claim compensation. Therefore, if the victim suffers from fraud and causes property losses, he can file a civil lawsuit for compensation, and after the criminal proceeds are recovered, those belonging to the victim will also be returned.