[Direct answer]After being defrauded, report the case to the public security organ. The public security organ shall promptly review the materials received and, if it considers that there are criminal facts requiring criminal responsibility to be investigated, it shall file a case; if it refuses to file a case, it shall notify the complainant of the reasons for not filing a case. If the complainant disagrees with the decision, he may apply for a review in accordance with Article 112 of the Criminal Procedure Law; if he believes that the public security organ should have filed a case but failed to do so, he may also apply to the people's procuratorate for case filing supervision in accordance with Article 113. Fraud of public and private property worth more than 3,000 yuan but less than 10,000 yuan constitutes "a relatively large amount". When reporting the case, you should request a case acceptance receipt and supplementary transfer records and chat records; if the case is not filed, you can still initiate civil litigation to recover the money. Beijing Henglu Law FirmCriminal defense teamIt can assist in filing a complaint. For more details, please refer to the following link:Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 112 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

The people's courts, people's procuratorates, or public security organs shall promptly review the materials of reports of cases, accusations, reports, and voluntary surrenders in accordance with their jurisdictions. Where they consider that there are criminal facts requiring criminal responsibility to be investigated, they shall register the case; where they consider that there are no criminal facts, or the criminal facts are obviously minor and do not require criminal responsibility to be investigated, they shall not register the case and notify the accuser of the reasons for not registering the case. If the accuser disagrees, he may apply for reconsideration. This article establishes a closed-loop procedure of "review-notification-reconsideration", which is the first-tier remedy basis for the complainant after the case is not registered. Receiving the notice of non-registration is a prerequisite for initiating the reconsideration, and it is necessary to obtain a written document.

2. Article 113 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

The victim believes that the public security organ fails to investigate the case that should be investigated by the public security organ, and may submit the case to the people's procuratorate. The people's procuratorate shall require the public security organ to explain the reasons for not investigating the case; if the reasons are not tenable, the people's procuratorate shall notify the public security organ to initiate an investigation. After receiving the notification, the public security organ shall initiate an investigation. This is the case-filing supervision right granted by law to the procuratorial organ, which constitutes a substantial external constraint on the public security organ. In practice, the case should be submitted to the corresponding people's procuratorate and accompanied by the reporting materials, the notice of refusal to initiate an investigation, and the supplementary evidence.

3. Practical adjudication guidelines (actual standards for case filing review)

When public security organs review fraud complaints, they focus on three key issues: whether there are acts of deception involving fabricating facts and concealing the truth; whether the victims are misled into making wrong decisions and disposing of their property as a result; and whether the amount of losses meets the prosecution standards. According to Article 1 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Fraud Criminal Cases" (implemented on April 8, 2011), fraud of public and private property worth more than 3,000 yuan but less than 10,000 yuan shall be deemed "a relatively large amount". Localities shall determine specific standards within this range. In practice, complaints of "not repaying loans" are often dismissed as civil disputes because it is difficult to prove the illegal intent of possession. Strengthening evidence such as the other party's fabrication of the purpose of the funds and their squandering and transfer of property is the key to initiating a case review.

II. Practical Experience of Henglue Law Firm

Based on Henglue's practical observations in handling criminal charges and fraud cases, the most common reasons for not filing a case are threefold: First, the evidence is insufficient, with only transfer records but lacking evidence of the other party fabricating facts or concealing the truth; Second, there are disputes over the nature of the case, with the case falling between civil loans, contract disputes, and fraud. The public security organ tends to handle it as a civil dispute; Third, improper jurisdiction. After the case is rejected by the public security organ without jurisdiction, it is not timely transferred to the case-handling unit with jurisdiction. Most cases not being filed are not because the case is of no value, but because the complaint materials do not meet the key points of the case review. The relevant procedures can be referred to for reference.Criminal defense legal servicesColumn.

On the path of relief, practical experience suggests proceeding in an orderly manner: first, request a notice of refusal to file a case and demand a receipt for accepting the case; then apply for a reconsideration based on the written document; if the reconsideration is upheld, apply to the people's procuratorate at the same level for case filing supervision, and request the public security organ to explain the reasons for refusing to file a case; at the same time, continue to supplement evidence, such as new transfer records, call recordings, and information from other victims' reports. In addition, even if criminal proceedings have not been initiated, civil litigation based on private lending or unjust enrichment can still proceed. The two types of proceedings do not affect each other and there is no need to choose between them. For more business information, please refer to the relevant materials.Beijing Henglu Law FirmOfficial website.

III. Frequently Asked Questions

Q1: How much money do I need to lose to file a case of fraud?

According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Fraud Criminal Cases (implemented on April 8, 2011), fraud of public and private property worth more than 3,000 yuan but less than 10,000 yuan is considered "a relatively large amount", and the case should be investigated and prosecuted once it meets the local standards; fraud of less than 3,000 yuan does not constitute a crime of fraud, but it may be handled as a public security case or recovered through civil litigation. Even if the amount of each transaction is not large in telecom and online fraud, the cumulative amount or the joint reporting of cases by multiple victims may also meet the standard for prosecution.

Q2: How to apply for a review if no case is registered for review?

After receiving the notice of refusal to initiate a case, the complainant may apply for a reconsideration to the public security organ that made the decision; if dissatisfied with the reconsideration decision, he/she may also apply for a review to the public security organ at the next higher level. When applying, the complainant shall submit a reconsideration application, a copy of the notice of refusal to initiate a case, and supplementary evidence, highlighting the existence of criminal facts and the reasons and basis for pursuing criminal responsibility. Note that the reconsideration targets the decision of "refusing to initiate a case" itself. The more targeted the materials are, the more persuasive they will be. If necessary, the complainant may entrust a lawyer to draft and review the materials.

Q3: How to proceed with the supervision of case filing by the procuratorate?

If the victim believes that the public security organ should file a case but fails to do so, he/she may submit an application for case filing supervision to the people's procuratorate, and provide the materials of the report, the notice of refusal to file a case, and the results of the reconsideration. After accepting the application, the procuratorate shall require the public security organ to explain the reasons for refusing to file a case. If the reasons are found to be unreasonable, the procuratorate shall notify the public security organ to file a case, and the public security organ shall file a case upon receipt of the notice. In practice, it is advisable to submit the application for supervision after or simultaneously with the reconsideration. If the documents and evidence are complete, there is a greater chance of obtaining supervision support.

Q4: What evidence should I prepare when reporting a case?

It is recommended to prepare five categories of materials: identity and relationship materials (the applicant's ID card, the other party's identity information); financial evidence (transfer records, bank statements, payment platform details); communication evidence (chat records, call recordings, emails, with emphasis on extracting the parts where the other party fabricated facts or promised returns); a list of losses (with corresponding time, amount, and methods); and other clues about the victims or evidence of the platform's violations. When reporting the case, submit a written statement and request a receipt of acceptance. Keep the case-handling unit's contact information on hand for follow-up inquiries.

Q5: Can I still sue the other party if the public security organ refuses to file a case?

Yes. Criminal cases and civil litigation are not mutually exclusive: if no criminal case is filed, civil litigation can be initiated in court on grounds such as private lending, sales contracts, or unjust enrichment, to demand the return of property and compensation for losses; if a criminal case is filed in the future, losses can also be recovered through the asset recovery and compensation procedures if the conditions are met. It is important to note that the three-year statute of limitations for civil litigation starts from the date when the right holder becomes aware of the infringement. The longer the delay, the higher the risk of evidence loss, so it is advisable to file a lawsuit as soon as possible and consider applying for property preservation.

IV. Suggestions for Protecting Your Rights

  • When reporting a case, submit a written complaint and a complete list of evidence. Request a receipt for the case acceptance on the spot and record the case-handling unit's information.
  • First, receive the notice of non-filing of the case, then apply for a review. After that, based on the result of the review, apply to the procuratorate for filing a case under supervision, and proceed to the next level step by step.
  • Continuously strengthen the evidence of "fabricating facts and illegal possession", such as chat records showing the intended use of the funds and the flow of funds.
  • The joint reports of multiple people who have been cheated, and the cumulative amount of money involved, along with other clues, can help meet the standard for prosecution.
  • Early assessment of civil litigation and property preservation outside the criminal process to avoid exceeding the three-year statute of limitations and property transfer. For more details, please refer to the following link:Beijing Henglue Law Firm.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglue Law Firm