Recently, Jiang Yi (pseudonym), a student from Hunan University, received a call from a stranger who claimed to be a staff member of the UnionPay Headquarters and asked him to click on the network link to immediately transfer money to a bank account. In order to gain Jiang Yi's trust, the other party first transferred 3,100 yuan to Jiang Yi's Alipay, and asked her to transfer the remaining part to the other party's account. However, Jiang Yi suspected it was a telecommunications fraud and did not transfer the money in time. The other party immediately threatened Jiang Yi upon learning about it and said that she would sue her and put her in jail.
After the matter was fermented on the Internet, it immediately sparked heated discussion among netizens. Regarding Jiang Yi's behavior, as well as anti-liars after being deceived, whether the behavior of recovering damaged property is illegal has become the focus of discussion. To this end, the Red Star News reporter consulted multiple lawyers for interpretation.
"Cheating" the liar's property is self-relief and does not constitute a fraud
Attorney Zhao Jianli from Beijing Zhongming Law Firm told Red Star News that according to the current information on the case, Jiang Yi did not know whether the other party was a liar beforehand, but after the other party sent the money to him, he suspected that the other party was a liar and refused to refund. The scammer remits money. She has no intention of defrauding others' money and has not carried out the act of defrauding others' property, but she refuses to refund after knowing the fraud of the scammer.
Lawyer Zhao Jianli said, “From the provisions of the Criminal Law, before or after realizing that the other party may be a liar, Jiang Yi did not “use fictional facts or conceal the truth for the purpose of illegal possession” to defraud the other party’s property. They also actively consulted the bank afterwards whether they were illegal, and the bank staff reported to the public security organs for public relief. Their behavior was essentially a self-relief, and it did not conform to the criminal composition of the crime of fraud in the Criminal Law. Other provisions concerning property crimes in the Criminal Law."
Attorney Shang Manqing of Guangdong Dana (Wuhan) Law Firm stated that in a criminal case involving excess assets, in addition to the right to call the police and other external assistance, the victim can also take rescue or relief measures he deems necessary. "In property crimes, if the victim can'recover' the loss'on the spot', I think it can be recovered, and this recovery does not require the victim to clearly recognize the recovered property Must be commensurate with the loss."
Jiang Yi's behavior of "cheating money from a liar" is strictly unjust enrichment
Attorney Zhao Jianli stated that according to Article 985 of the Civil Code, "the profitable person has no legal basis to obtain improper benefits" is an unjust enrichment. Therefore, although the behavior carried out by the scammer is suspected of being illegal, Jiang Yi’s profit-making behavior of'frauding the scammer’s money' has no legal basis. "The law does not authorize the deceived to obtain the swindler’s wealth, which is essentially improper gain "The scammer can file a civil lawsuit for unjust enrichment, request the gainer to return the gains, and seek the law to protect their rights and interests.
In addition, attorney Zhao Jianli also said that if the purpose of illegal possession is to falsify facts or conceal the truth, defrauding the property of scammers is suspected of committing a crime. "In this case, Jiang Yi himself did not use illegal possession as the purpose, nor did he use methods to fabricate facts or conceal the truth to obtain scammers' property." Attorney Zhao Jianli told the Red Star News reporter that in daily life, some victims often occur. The person was first defrauded of the property, and then through his own means to "defraud" the property back from the scammer, "this requires a comprehensive judgment of the victim's intention, method and amount of deception."
Attorney Zhao Jianli said that if the victim knows that the other party is a liar and adopts the method of fabricating facts or concealing the truth, "defrauding" the liar to obtain his own equivalent or less property, it is self-relief and does not constitute an illegal crime in the criminal law. However, if the victim uses the method of fabricating facts or concealing the truth for the purpose of illegal possession, defrauding a certain amount of money in excess of the amount defrauded, he is suspected of fraud."
"In Jiang Yi's case, 3,100 yuan belonged to the liar's'bait', which is a tool for illegal crimes, and the public security organs can pursue it." Law commentator Tan Mintao told the Red Star News reporter that if the victim does have property losses after being deceived, The victim can get back his own equivalent property of the amount "scammed" back, and the extra part of the stolen money should be handed in. If the amount returned by the "cheated" is lower than the value of the loss, the victim can request the swindler to return it. "If the swindler is unable to repay it and it is a criminal offence, then the victim cannot get compensation and can only be aggravated in the sentence of the swindler."