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In life, money is being cheated, borrowed or not, and many people want to file a case with the police at the first time, but they are told that they cannot open a criminal case and can only deal with civil disputes. Many have mistakenly assumed that fraud can be established with enough money and that the core logic is completely mistaken。
A fraud case is never a mere matter of money, and the amount is only one of the thresholds for filing a case, and it is more critical that four legal conditions be met simultaneously, either of which, even if the amount involved is higher, can only be classified as a civil loan dispute and that the police have no authority to open a criminal case。
The definition of fraud cases in the latest judicial practice and public security standards of 2026 is extremely clear, so as to distinguish between “fraud for the purpose of illegal occupation” and “lending that is simply unpayable”, avoiding blind alarms and deviants and giving greater direction to the defence of rights. Today, the four core conditions for the establishment of fraud, the distinction between civil disputes and criminal fraud, the filing process, the preparation of evidence, and the absence of professional terminology are used to make a judgement and assert rights。
I. Prelimination: 90 per cent of people confuse two concepts
Many people refer directly to fraud as the “unpayable loan” — the most common area of error. At the legal level, criminal fraud and civil-lending disputes are two distinct categories, with varying approaches and legal consequences。
Civil-lending disputes: the relationship between the parties is normal, one party lends money to the other out of trust, the borrower initially has the will to repay it, only for objective reasons such as loss of business, unemployment, family change, etc., and is temporarily unable to repay it, even if there is delay, failure of connection, is a breach of the law, is civil and can only be resolved through court action and mediation, without the police intervening。
Criminal fraud: from the outset, the perpetrator did not intend to pay back the money, but by deception, the victim was misinformed and voluntarily handed over the money, which was in essence a criminal offence, and the police immediately opened an investigation and held the other party criminally responsible, provided that the conditions for filing a case were met。
In short, whether or not there is a lie or a desire to pay back is central to the distinction between the two, and the amount is a reference item and is not the only criterion. Don't ever think that enough money is fraud and waste time and energy。
Ii. Four conditions are required for a fraud case to be opened
In accordance with article 266 of the criminal code, the latest regulation of the ministry of public security on the establishment of fraud cases, the following four conditions must be met in order for the police to open a case on fraud, none of which can be established on a criminal basis and can only be dealt with in civil disputes。
Condition 1: the perpetrator has a subjective “unlawful possession purpose” (core core)
This is the first key to distinguishing between fraud and civil disputes and the first point of verification of police cases. The so-called “illegal occupation purpose” is that from the moment the other side approached you and asked for money, it was not the intention of the other party to pay back the money and to take your money as its own。
In everyday life, these acts can be regarded as having an illegal occupation purpose:
Being aware that they do not have any capacity to pay, do not have a stable income, are heavily indebted, are already classified as untrustworthy and are deliberately borrowing and demanding money
2. When money is received, it is not used for the purposes for which it was promised, but rather for gambling, waste, the purchase of luxury goods, the transfer to others, the repayment of old debts, without any consideration for repayment
3. Immediately after the receipt of the money, blackening, missing links, changing mobile phone numbers and addresses, deliberately avoiding recovery, without any indication of repayment
Falsifying false repayment plans, promises and delays, essentially in order to retain possession of money
5. The use of borrowed funds for criminal offences is completely unplanned。
Conversely, if the counterparty is able to borrow money with stable income, repayment capacity, it is only the objective circumstances of subsequent accidents, business failures and the resulting inability to pay, and even if it is delayed and occasionally lost, it does not have an illegal occupation purpose and is not a fraud。
Condition two: the perpetrator committed a deceptive act of “fiction of facts, concealment of the truth”
Only subjective ideas are not frauds, and there must be actual deceptive moves, which we often call “false”. This is manifested in the deliberate fabrication of non-existent facts or the concealment of critical facts, which leads you to misjudgement。
These are common frauds:
1. Forgery of false grounds: false claims of serious illness of family members, turnover of business, investment in works, school attendance of children, crossing of the bridge of funds, purchase of a home, etc., which are in fact all false
2. Falsification of false identities/assets: impersonating the boss, executive, public officials, successful persons, forgery of property certificates, vehicle permits, bank flow, operating licences, engineering contracts, pretending to be capable and credible
3. False promises: promises of high interest, return on investment, profit-sharing, virtually no equivalent items, which cannot be realized
4. Concealing the key truth: concealing the fact that you are heavily indebted, untrustworthy and unemployed, and making you mistakenly believe that the other party is capable of paying off
5. False guarantees: false collateral, guarantors, deception of your trust。
If there is no deception on the part of the other party, and you are informed of the purpose of the loan, of your own circumstances, and you are willing to lend it, and you are not following it, then there is no deception, and it is not fraud。
Condition iii: voluntary delivery of property by victims based on false knowledge
This condition is based on the first two conditions, which mean that you give money to each other only because you believe in the other's lies and give false knowledge, so you transfer it voluntarily, deliver it, not for other reasons。
Two examples to understand:
It's a fraud: you think it's true that your mother is in need of money because she's seriously ill, and you waste money when you get it out of compassion — you're being tricked to pay, and you qualify。
It's not a fraud: you know that the other party has no ability to pay, and you know that the other party's borrowing money is for gambling, obstructing the situation, or lending money, and then you don't pay it — you don't pay money on the basis of false knowledge, you don't meet the conditions, you're a civil dispute。
For example, the other party expressly informed you of the investment and the risk that your voluntary investment would not be a fraud, but the other party concealed the investment risk and made up a lie that could not be compensated and that you would be a fraud。
Condition 4: the amount involved meets the statutory filing criteria
This is the last threshold, after all three conditions have been met. There are two types of cases, based on the 2026 national standard for the amount of money to be charged in fraud cases:
1. Telecommunications network fraud: fraud committed by means of wire-based means such as twitter, qqq, shivering, telephone and web platforms, amounting to $3,000, for which the police are required to file a case, provided that it reaches $3,000
2. Common under-line fraud: face-to-face, acquaintance-to-face fraud, with a standard of $5,000 in most parts of the country and $4,000 in parts of the less economically developed regions, depending on local public security publicity。
Special cases: fraud against the elderly, persons with disabilities, minors, persons suffering from serious illnesses, or fraud of special funds such as disaster relief, medical care, poverty alleviation, school assistance, etc., regardless of the amount of money, the police have opened a case without a threshold。
Here again, it is important to stress that cases are not opened for the full amount of money, and that if the first three conditions are not met, even if 100,000 or 200,000 are in civil disputes, the police will not file a case of fraud。
Iii. One minute self-determination: is your case a criminal fraud or a civil dispute
A simple self-measure has been prepared, so we can see from a glance:
Has the other party lied and concealed the truth? No. = civil
Did the other party not plan to pay back the money from the outset? No. = civil
Have you been tricked to pay voluntarily? No. = civil
4. Do the amounts meet local filing criteria? No. = civil
Only the full answer is “yes”, which is a criminal fraud and which can be reported to the police; if there is one “no”, it is a civil dispute and goes through the court proceedings。
Four, five common situations. Don't report fraud blindly
In conjunction with the most frequently consulted cases on a daily basis, it was made clear that they were not frauds and that the police could not initiate a criminal case
1. Non-payment of debits or debts: where there is a written certificate of loan, the counterparty is not deceptive, simply unable to pay, is a civil loan and goes directly to court。
2. Investment, post-partnership losses: the counterparty has no fictional projects, conceals risks, ordinary operating losses are commercial risks and civil economic disputes。
3. Arrears of wages, goods: labour disputes, contractual disputes, labour inspection, court action, not fraud。
4. Recovery of money and bride price after break-up: civil property disputes that cannot be settled through negotiation, not fraud。
5. The other party's delay in repayment, its bad attitude but its lack of connection, its lack of deception: it is a breach of contract, its absence of unlawful occupation, and it is a civil dispute。
Identification of fraud and correct procedures for filing a case
If four conditions are met by self-measurement, it is essential that the correct procedure be followed to alert the police and to increase the success rate in filing a case:
1. Preparation of complete evidence: all chat records (do not delete, delete), transfer records (banks, tweets, complete flow of payment), evidence of fraud against you (falsified documents, contracts, chat stops), loss of contact of the other party (la-black intercepts, call records), identity information of the other party (name, mobile phone number, address, micro-mail/payment account)
2. Selection of the right place to call the police: to the police station where you transfer the money, where you are defrauded, where you are domiciled/place of residence of the other party, and not to run in the wrong place
3. A clear statement of the facts: a factual account of the facts, focusing on the deceptive acts of the other party, the process by which you were deceived, the willingness of the other party to pay back, and not to exaggerate or conceal them
4. Request for a written certificate: after the police report, the civilian police will be allowed to make a written statement, verify the authenticity of the document and sign it with a handprint, and request a reply to the case; if the conditions for filing a case are met, the police will issue a notice of filing within seven days
5. Remedies for non-inclusion: if the police do not open a case, it is important to request a " notice of non-registration " , to apply for review within seven days, or to apply to the public prosecutor's office for case supervision and to urge the police to file a case。
Vi. Civil disputes, steps for the correct defence of rights
If the conditions for the filing of a fraud are not met, the civil dispute will be upheld and the money will be recovered in one step:
1. Fixed evidence: maintenance of debit notes, debt notes, chat records, transfer records, reminder records
2. Consultative reminder: first communicate with the counterparty, leaving evidence of the reminder and specifying the time for repayment
3. On-line prosecution: the filing of indictments and evidence through the people's court online service mini-procedure is sufficient to enable the filing of a case, and the cost of proceedings up to $10,000 is only $50
4. Application for enforcement: the other party has not returned after the court decision, has applied for enforcement, freezing of the other party's bank cards, micro-trusts, payment of treasures, inclusion in the blacklist of missing persons and restriction of high consumption
5. Consequences of non-enforcement: failure to enforce a sentence, a sentence of up to seven years ' imprisonment, may be prosecuted for failure to execute a sentence of imprisonment and a refusal to pay。
Vii. Those those those territories have to be leaved
1. Mistake i: disconnection, lakhe is fraud
Disconnection is only a manifestation of evasion of debt and is not the only basis for finding fraud, but must be combined with a comprehensive determination of whether there has been fraud or illegal possession。
2. Zone two: the larger the amount, the easier it is to open a case
The amount is only the last condition, and the first three core conditions are not met and the amount is no longer valid。
3. Misdirection iii: police failure to file a case means inaction
The police have clear criteria for filing cases, and it is the law that does not interfere with civil economic disputes, not the inaction, and the search for quasi-judicial channels is crucial。
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