[Direct answer]Theft of public and private property reaching a "significant amount" should be investigated and prosecuted: 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), the "significant amount" of ordinary fraud is more than 3,000 yuan but less than 10,000 yuan, and each province determines the specific implementation standards within this range; for telecom and online fraud, according to the opinions of the two high courts and the Ministry of Public Security in 2016, the "significant amount" is more than 3,000 yuan. The sentencing is in accordance with Article 266 of the Criminal Law (implemented on October 1, 1997), with the maximum penalty being life imprisonment. After being cheated, victims should immediately save the transfer records and chat records and report the case to the police. For multiple victims or multiple cases, the cases can be filed cumulatively; those under investigation should check the amount of the case as soon as possible and may consult with lawyers first.Criminal defense and legal services for criminal case filingOrBeijing Henglue Law Firm.

I. Problem Background and Typical Scenarios

Telecom network fraud is rampant, and there are two concerns regarding the threshold for initiating a criminal case: victims worry that the amount of money they've lost is too small and the police won't take their reports seriously; defendants fear that even a dispute involving a few thousand yuan could lead to criminal charges. Typical scenarios include: being blocked after making an online payment and losing thousands of yuan, wondering whether it's worth reporting; falling into scams such as fake refunds from刷单 (ghost shopping), fraudulent investment platforms, and impostor customer service refund requests, where individual losses may not be large but the cumulative sum is staggering; one party in an economic dispute accusing the other of "fraud" and reporting the case, while the other party views it as a simple debt dispute; and suspects receiving summonses not knowing whether the amount of money they've received meets the threshold for prosecution. The amount of money involved not only serves as the threshold for initiating a case but also determines the sentencing level, with disputes over this threshold permeating the entire investigation process.

II. Key points of dispute

  • Criteria for determining the amount of the crime: Single and multiple cumulative amounts are calculated separately, completed and attempted crimes are calculated separately, and the amounts of multiple victims are aggregated. For cases close to the threshold of prosecution, the differences in the criteria directly determine whether the case will be filed or not.
  • The standard differences between ordinary fraud and telecom network fraud: Ordinary fraud is determined by each province within a range of 3,000 yuan to 10,000 yuan, while telecom network fraud is uniformly set at 3,000 yuan nationwide. The same amount may lead to different conclusions in different types of cases.
  • The boundary between guilt and non-guilt: Whether there is an illegal possession purpose is the dividing line between criminal fraud and civil fraud. The evidence of fabricating facts, concealing the truth, and the ability to fulfill obligations, as well as the use of funds, determines the outcome of the case.

III. Professional analysis by Henglue Law Firm

Henglue Lawyer's experience in handling disputes over the amount of fraud focuses on three points. Firstly, verifying the nature of the funds transaction by transaction: distinguishing the transaction records involved in the case from normal economic transactions, loans, and payments, and excluding those parts of civil disputes that are mistakenly treated as fraud. Whether there is an illegal possession motive is the dividing line between criminal fraud and civil fraud. Evidence should be organized around the destination of the funds, the performance of the contract, and the attitude after the event. Secondly, calculating the amount of fraud: calculating the amount of completed and attempted fraud separately, cumulatively identifying multiple frauds that have not been dealt with, and collecting the number of victims and the amount of money. For cases where the amount is close to the threshold for filing a case, the difference in calculation methods directly determines whether the act constitutes a crime or not. For the complainant, it is recommended to apply for freezing and stopping payment and to fix the evidence in full as soon as possible. Thirdly, seizing the opportunity for restitution: voluntarily returning the illicit gains and obtaining the victim's forgiveness before or after the case is filed may not only affect the filing of the case and the approval of the arrest, but also serve as an important mitigating circumstance for subsequent sentencing. For the accused party, it is necessary to provide professional opinions on the amount and nature of the case at the investigation stage to avoid waiting passively. If the involved property is sealed up, frozen, or needs to be recovered and returned, it also involves the connection at the execution level, which can be combined with the above-mentioned points.Creditor-debtor relations and enforcement case servicesEvaluate them together.

IV. Practical suggestions and legal basis

Law-based perspective: Article 266 of the Criminal Law (effective October 1, 1997) stipulates that anyone who fraudulently appropriates public or private property on a large scale shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control, and may also be fined or given a separate punishment; if the amount is huge or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and be fined; if the amount is particularly huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and be fined or have their property confiscated. 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" (effective April 8, 2011) defines "large amount" as more than 3,000 yuan but not more than 10,000 yuan, "huge amount" as more than 30,000 yuan but not more than 100,000 yuan, and "particularly huge amount" as more than 500,000 yuan. Provinces shall determine specific standards within these ranges. The "Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on the Application of Law in Handling Telecom and Online Fraud and Other Criminal Cases" (effective December 20, 2016) unifies telecom and online fraud into "large amount" of more than 3,000 yuan, "huge amount" of more than 30,000 yuan, and "particularly huge amount" of more than 500,000 yuan. Procedurally, according to Article 112 of the Criminal Procedure Law (amended and effective October 26, 2018), the public security organ shall, after reviewing the materials of the report, decide to initiate a case if it believes that there are criminal facts requiring criminal responsibility to be investigated. Practical suggestions: Victims should report the case to the police and apply for a freeze on payments as soon as possible; the accused party should check the transaction records and distinguish between civil and criminal aspects as soon as possible.

5. Henglu Law Firm's Advice

The amount standard is just one of the thresholds for filing a case. Whether there are criminal facts and whether the purpose of illegal possession can be proven are also crucial. Conversely, fraudulent schemes that do not meet the criminal standard may also face public security penalties and civil liability. It is always necessary to report the case to the police. For those involved in the case, the dispute over the determination of the amount and the qualification of the crime offers the most room for action in the investigation stage. How to collect the funds, which payments should be excluded, and how to arrange for the return of the money all require professional accounting. Regardless of one's position, it is recommended to resolve the dispute as soon as possible through legal means.Criminal defense and legal services for criminal case filingEvaluate the case, or throughBeijing Henglue Law FirmMake an appointment for the interview and prepare the evidence and talking points in advance.

Q1: Can I file a case if I've been scammed for 3,000 yuan?

Yes. According to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Fraud Criminal Cases" (effective April 8, 2011), the threshold for ordinary fraud is between 3,000 yuan and 10,000 yuan, and each province sets its own local standard within this range; for telecom and online fraud, the threshold is unified by the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security in 2016 as more than 3,000 yuan. If the amount meets the threshold and there are criminal facts, the public security organ shall file a case. If the amount is slightly lower than the local standard, the victim can report the case together with other victims, and if the total amount meets the threshold, a case will also be filed. Even if the amount is very small, the police should still record it to facilitate joint handling and public security punishment.

Q2: If multiple people are scammed, can the total amount of the fraud be calculated cumulatively?

Yes. If the perpetrator commits fraud multiple times without being dealt with, the total amount of fraud shall be calculated; for fraud committed against multiple victims, all the amounts of fraud shall be included in the crime amount, and the act of defrauding multiple people also reflects the subjective malice and affects the sentencing. Victims of telecom and online fraud cases are often scattered across different regions, and public security organs in all regions can accept the cases. After that, the cases will be handled by the jurisdiction of the main crime scene or the suspect's residence. Victims should keep the transfer certificates, chat records, and order screenshots, and specify the time, amount, and method when reporting the case, so as to facilitate the case-handling organs to collect and identify the evidence. If the total amount exceeds a certain threshold, the sentencing level will be raised accordingly.

Q3: What will happen if the amount involved is below the standard for filing a case, or if the fraud attempt fails?

For cases where the amount involved does not meet the criminal prosecution threshold, it does not mean there will be no consequences. The public security organ may, in accordance with the Public Security Administration Punishment Law (effective January 1, 2026), impose administrative detention and fines on the fraudster, and the victim may also seek restitution through civil litigation. For attempted fraud, the perpetrator may be given a lighter or mitigated punishment in comparison with those who have actually committed the crime. Even attempted fraud involving a huge amount of money may still be prosecuted. For the accused party, whether the amount involved meets the threshold and the distinction between attempted and actual fraud directly determine whether the crime will be charged or not. It is advisable to hire a lawyer as soon as possible to verify the transaction records and the victim's statements, in order to strive for the case not being prosecuted, the case being withdrawn, or obtaining lenient treatment during the prosecution stage.

Q4: What is the maximum sentence for fraud crimes?

According to Article 266 of the Criminal Law (implemented on October 1, 1997), anyone who fraudulently appropriates public and private property on a large scale shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control, and may also be fined or given a single fine; 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 be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and be fined or have his property confiscated. Taking telecom and online fraud as an example, the amounts of 3,000 yuan, 30,000 yuan, and 500,000 yuan respectively correspond to the three levels of fraudulent amounts. Returning the illicit gains and obtaining the victim's forgiveness are key factors in obtaining a light sentence, and these matters should be arranged as soon as possible under the guidance of a lawyer.

Q5: After being scammed, what materials do I need to prepare to report the case to the police?

The key preparations include four categories: 1. Identity and transaction materials: personal ID card, contracts, orders, and platform pages. 2. Funds evidence: bank transfer records, payment platform transaction histories, and receiving account information. 3. Communication evidence: chat records, call recordings, text messages, and emails. 4. Counterparty information: account numbers, usernames, links, APP names, and screenshots. When reporting the case, clearly state the time of the incident, the process of being cheated, and the total amount involved. Try to provide a complete timeline of events. After being cheated, report the case to the police immediately and apply for a freeze on payments. The golden time for recovery is usually measured in hours—the earlier you report the case, the higher the chances of recovery. After reporting the case, you can continuously follow up on the progress with the investigating authorities.

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 Henglu Law Firm