What evidence is needed for fraud?

Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. Objectively, this crime is manifested in the use of fraud to defraud a large number of public and private property. Formally speaking, fraud includes two kinds, one is to fabricate facts, the other is to conceal the truth, both of which are essentially behaviors that make victims fall into wrong cognition. Secondly, fraud makes the other party have a wrong understanding. The misunderstanding of the other party is caused by the fraud of the perpetrator. Even if the other party has some misjudgments, it does not prevent the fraud from being established. Between fraud and the disposition of property by the other party, we must intervene in the misunderstanding of the other party. Thirdly, the establishment of the crime of fraud requires the victim to dispose of his property after falling into a wrong understanding. Finally, after the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property. If you encounter fraud, you should call the police in time regardless of the amount. Regarding the evidence, the police will tell you what evidence you should provide.

For the crime of fraud, in judicial practice, we should focus on collecting evidence to prove that the perpetrator fabricated facts or concealed them. If the court wants to find the crime of fraud, people must have physical evidence, and if the evidence is insufficient, they will be convicted casually.

legal ground

Paragraph 2 of Article 48 of the Criminal Procedure Law

There are seven kinds of evidence:

(1) Physical evidence and documentary evidence: such as transfer records, chat screenshots, tools used by the other party to commit crimes, etc.

(2) Testimony of witnesses: such as oral testimony of relevant witnesses;

(3) Victim's statement: the victim truthfully stated;

(4) confessions and excuses of criminal suspects and defendants;

(5) Appraisal conclusion: such as forensic medicine appraisal, forensic psychiatry appraisal, handwriting appraisal, trace appraisal, chemical appraisal, accounting appraisal and technical appraisal.

(6) Records of inquests and inspections: such as records made during the investigation and inspection of places, articles, traces and corpses related to crimes;

(7) Audio-visual materials: such as information stored in audio and video recordings, computers or other high-tech equipment, to prove the true situation of the case.

Article 266 of the Criminal Law of People's Republic of China (PRC)

Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall 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.