[Case Summary]This case is a criminal charge of fraud and extortion against the victim. Yang Hua from Tianjin was cheated and extorted by his nephew's husband, Han Xiaoshan, when purchasing a second-hand car. The total amount of fraud and extortion amounted to over 3.12 million yuan, under the guise of transfer fees, deposits, and settlement fees. Yang Hua entrusted the Beijing Henglu Law Firm to handle the case.Yuan HangThe lawyer represents the client in criminal charges, sorts through massive evidence to form a complete chain of evidence, drafts the "Criminal Complaint" and "Evidence List", and accompanies the victim to report the case to the police. The public security organ accepted the case on the same day, and officially opened an investigation within three weeks. The suspect has now been detained. The core controversy: How to improve the success rate of case filing in cases involving overlapping economic disputes and criminal offenses. Applicable legal provisions: Article 266 (Fraud) and Article 274 (Extortion) of the Criminal Law of the People's Republic of China.

I. Review of the Case Facts

"Is it hard to report and file a case against being scammed by acquaintances?" and "Can second-hand car transfer fraud cases be criminally prosecuted?" are the dilemmas of many victims. In September 2021, Yang Hua from Tianjin wanted to buy a second-hand car for commuting and entrusted his nephew's son-in-law, Han Xiaoshan, to handle the transfer. Han Xiaoshan lied that he could handle the transfer, demanding a transfer fee of 50,000 yuan and a deposit of 30,000 yuan. Later, he repeatedly delayed and demanded hundreds of thousands of yuan with false excuses such as network failures, pandemic quarantines, and connections. From April 2023, he extorted hundreds of thousands of yuan under the guise of "settling the matter" and continued to demand about 2 million yuan related to traffic accident matters. In November 2023, he threatened to extort 500,000 yuan by claiming that it was illegal to withdraw housing provident fund. By the time the case was exposed, Yang Hua had been defrauded and extorted for a total of 3,126,999 yuan. Yang Hua first consulted several law firms, most of whom advised him to pursue civil litigation. After extensive research, he chose Beijing Henglu Law Firm.Yuan HangThe lawyer believes that Han Xiaoshan's actions may constitute fraud and extortion, and suggests pursuing criminal accountability against him.

II. The focus of the case

  • Focus 1: The boundary between economic disputes and criminal offenses.Fraud, contract fraud, and extortion often overlap with economic disputes. How to prove the constituting of these criminal offenses is a major challenge in the process of filing a case.
  • Focus 2: How to construct the chain of evidence.Facing the massive and scattered transfer and chat records, how to supplement fixed evidence and form a complete chain of accusations?
  • Focus Three: The path to achieving civil justice through criminal justice.After the case is registered, the suspect is subject to compulsory measures, which motivates them to return the illicit proceeds and make compensation, thus better protecting the rights and interests of the victims.

III. The professional intervention of Hengluo Law Firm

The victim (the complainant) claimed that:Yang Hua alleged that Han Xiaoshan defrauded and extorted his own funds of over 3.12 million yuan by fabricating facts and using threats and coercion. He requested the public security organ to investigate the case for fraud and extortion, hold the suspect accountable for criminal responsibility, and recover the illicit gains.

The defendant's (Han Xiaoshan) position:Han Xiaoshan collected money under the guise of handling property transfers and settling disputes, denied committing any criminal offenses, and attempted to classify the payment disputes as civil matters.

Hengluo Lawyer's Agency Opinion:Yuan HangAfter accepting the commission, the lawyer sorts and analyzes the massive evidence materials, assists the victim in supplementing fixed evidence to form a complete evidence chain, and gradually completes documents such as the "Criminal Complaint Letter" and the "Evidence List". In the complaint letter, the lawyer argues that some of Han Xiaoshan's actions clearly constitute the elements of fraud - using deceptive means to fabricate facts to make the complainant fall into the mistaken belief that they should dispose of their property; and at the same time, it constitutes the crime of extortion - using threatening and coercive methods to forcibly demand property for the purpose of illegal possession.

  • Evidence review: Organize the transfer records, chat logs, and explanations of false reasons to establish the factual chronology of the fraud and extortion
  • Drafting of legal documents: Request that an investigation be launched into Han Xiaoshan for fraud and extortion, and order him to return the funds
  • Accompanying the victim to report the case: The lawyer accompanies the victim to the public security organ to submit the materials, explains the relevance of the evidence one by one, and promotes the filing of the case

IV. Outcome of the case

After the lawyer submitted the complaint, the public security organ accepted the case on the same day and officially initiated an investigation in less than three weeks. Now, the suspect, Han Xiaoshan, has been detained.YuanhangThe lawyer helped the victim advance the rights protection process quickly, actively promoted the suspect's subsequent return of illicit gains and compensation, and effectively safeguarded the victim's legitimate rights and interests. This case demonstrates the crucial role of professional criminal lawyers in the criminal case filing process.

5. Henglu Law Firm's Advice

For cases that fall between economic disputes and criminal offenses, it's often difficult to file a case due to insufficient evidence when reporting it on one's own. It is recommended to entrust a professional criminal lawyer as soon as possible to sort out the evidence, draft the complaint documents, and accompany you to report the case. This case is handled by Beijing Henglu Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts on behalf of the victim, relying on Articles 266 and 274 of the Criminal Law, to open up a path for criminal prosecution for the victim.

VI. Frequently Asked Questions about Criminal Charges

  1. Q: What should I do if the police refuse to file a case after I reported being scammed?
    A: You can entrust a lawyer to sort out the evidence, draft the criminal complaint, and accompany you to report the case. The lawyer will argue based on the elements of a crime to increase the success rate of the case being filed.
  2. Q: How to distinguish between economic disputes and fraud?
    A: The key point is whether the purpose is to illegally possess the property, or to deceive the other party into making a wrong decision about the disposition of the property by fabricating facts or concealing the truth. A lawyer can distinguish the nature of the act based on the evidence.
  3. Q: Can the money be recovered after a criminal case has been filed?
    A: After the suspect is subject to compulsory measures, they are more motivated to return the illicit gains and make compensation. Criminal accountability can better facilitate the return of illicit gains and safeguard the rights and interests of victims.
  4. Q: What's the difference between extortion and fraud?
    A: Fraud involves fabricating facts to deceive people into giving away their money, while extortion involves threatening or coercing others to forcibly demand money. The two types of crimes can coexist, and they are subject to different provisions of the Criminal Law.
  5. Q: When do criminal defense lawyers in Beijing get involved in a case?
    A: The earlier, the better. Completing the fixation of evidence and the preparation of documents before reporting the case can significantly improve the efficiency of the public security organ in accepting and filing the case.