A lot of people in their lives experience such a terrible thing: the money to be transferred is not returned, the promises made by the other party are not kept, or even directly connected. Most of the first reaction was to go to the police, but after many had fled the police station, the response was not a criminal case but a civil dispute。
One does not understand why a case could not be filed for arrest because the amount of money he had been deceived was not small. There were also doubts as to how much money would constitute fraud, and whether it would be possible to meet the target would lead to criminal liability。
In accordance with the provisions of the law in force in 2026 and the standards for the handling of cases by public security organs, the criminal establishment of a fraud case is never solely based on the amount of money. The amount only affects subsequent sentencing and does not determine the characterization of the case. It is the four statutory conditions that really determine whether the police are filing a case, distinguishing between criminal fraud and civil disputes. In the absence of one, even if it is larger, it can be resolved only through civil means, such as consultation, mediation and prosecution。
In this paper, the criteria for the filing of a case, the demarcation of boundaries, the fixing of evidence and the defence of rights are set out in plain and plain language, so that, in the event of a property dispute, everyone is able to make a precise judgement and make less detour and defend their rights and interests in accordance with the law。
I. Get out of the error zone first: the amount is not a decisive condition for the filing of a case
For a long time, there has been a well-established perception that fraud can be established as long as the amount defrauded reaches a certain number, and that failure to do so can only be self-defeating. This view is not consistent with the actual rules of enforcement。
The core of fraud cases is whether the nature of the act constitutes a criminal offence, not the amount involved, in accordance with the supreme law, the supreme public prosecutor's office and the latest guidance of the ministry of public security in 2026. The legal effect of the amount is to determine whether or not the standard of recourse has been met and the range of sentences imposed, which cannot be used separately to determine whether a case can be instituted。
The same amount of money, because of the different purposes of the conduct of the other party, would vary completely. If, from the outset, the other party uses false information to enable you to transfer the money on your own initiative and to meet all the legal requirements, even if the amount does not meet the ordinary fraud criteria, the public security organ must also file a case in cases of fraud by the telecommunications network, fraud directed at specific groups, etc。
If the other party is unable to comply with the agreement simply because of financial liquidity difficulties, changes in operating conditions and objective reasons, and does not intend to illegally take possession of your money, even if hundreds of thousands and millions are involved, it is a civil dispute and the police cannot intervene in criminal cases。
In short, the nature of criminal fraud is deceptive for the purpose of illegal possession, and civil disputes are essentially breaches or failures of performance in normal dealings, with clear lines and completely different approaches。
Ii. Four conditions are necessary for a fraud case to be opened, and none of them can open a criminal case
When examining whether or not to open a case, the public security organs will strictly follow the elements of the legal order, and criminal proceedings will be initiated only if the following four conditions are met simultaneously, or will be dealt with in civil disputes。
(i) subjective necessity of unlawful possession
This is the core criterion for distinguishing between fraud and common disputes. The so-called illegal occupation is that from the outset the other party has not intended to honour its commitments, return the money or provide the corresponding value, simply seeking to appropriate your belongings in a variety of ways and without any plans for their restitution。
In actual identification, the police focus on these acts: quickly squandering the money when it is received, being used for gambling or other illegal activities; changing the contact details immediately upon receipt of the money and hiding behind them; moving, concealing and deliberately avoiding the return of the property in advance; deliberately exaggerating trust without any capacity to do so; first using a small part of the performance to create a false image; then stealing large sums of money。
In civil lending, contractual transactions, the party in arrears or late performance usually has no intention of permanently taking possession of the other's property, mostly because of objective difficulties that temporarily fail to fulfil their commitments, are willing to communicate and are not deliberately avoiding responsibility, and there are no subjective conditions for criminal fraud。
(ii) imposing facts and concealing them objectively
It constitutes fraud and requires that the other party must actively use deception. Fiction of facts, including identity creation, occupation, project, qualification, performance, etc.; concealment of the truth, including concealment of their true financial position, concealment of the actual use of money, concealment of the inability to perform。
The following are common: false investment projects promise to stabilize returns; falsely build the trust of the staff of the agencies concerned; borrowing in order to conceal their large liabilities; making emergency cases for fraudulent transfers; and using false propaganda to induce transactions and transfer funds。
There may also be cases of minor overstatement and incomplete presentation in civil activities, which do not amount to fraud in the criminal sense, with the aim of facilitating a normal flow of business rather than a direct appropriation of property and therefore cannot be considered fraud。
(iii) direct causal link between the victim's false knowledge of the delivery of the property
This condition emphasizes that the transfer, payment and delivery of goods must be done on the initiative of the other party, whose fraudulent behaviour gives rise to a misjudgement. Moreover, there is a direct and clear causal link between the deceptive behaviour of the other party and the loss of your property。
If you continue to deliver the goods out of human and speculative spirit, knowing that the information of the other party is false, the ensuing losses are not fraud. The same cannot be said to be criminal fraud if the loss arises from market fluctuations, miscalculation, third-party reasons and is not directly related to the behaviour of the other party。
When filing a case, the police strictly clarify the liability relationship and do not equate normal investment risk with business risk。
(iv) complying with the criteria for recourse and falling within the jurisdiction of public security organs
On the basis of the fulfilment of the first three characterization conditions, the case also has to meet the standard of statutory recourse and meet jurisdictional requirements. The national standard for 2026 is that the starting point for ordinary frauds is between $3,000 and $10,000 and that the standard for filing a case for fraud by a telecommunications network is uniform at $3,000。
At the same time, in exceptional cases, even if the amounts do not meet the above-mentioned criteria, cases should be opened, such as networks for an unspecified majority, telecommunications fraud; fraud of groups such as older persons, persons with disabilities, minors; fraud of special funds such as disaster relief, medical care, poverty alleviation; repeated fraud; and other serious consequences。
Only if all the above conditions are met will the public security organs be able to establish criminal cases in accordance with the law, without which no criminal case can be opened。
Iii. These common situations, fraud or civil disputes
In order to facilitate a quick comparison, a clear distinction is made between borders, taking into account common property movements in 2026。
If the loan is made for a prolonged period of time and the money is used for a false purpose and the financial position of the other party is concealed and the money is squandered and lost, fraud is deemed; if it is actually used for life or business, it is simply temporarily unpayable, it is willing to communicate and develop a repayment plan, which is a civil loan dispute。
There were losses in investment projects, which would amount to fraud if the project was completely fictional and material was falsified and the other party's funds were missing; if the project was real, the loss was due to market conditions, business problems, and the other party was not defrauded or usurped, it was a civil investment dispute。
Transfers occur during cyberlove and are fraudulent if the other party fails to establish a false identity and obtains money with emotion; voluntary gifts in normal relationships, co-consumption expenditures, disputes after break-up, civil disputes。
Failure to comply with the cooperation in the transaction is recognized as fraud if the counterparty refuses to deliver the goods, does not refund the money and fails to link it; disputes arise over logistics, quality, duration of work, etc., and are civil contract disputes。
As can be seen from these circumstances, the core of the judgement is always centred on four statutory conditions rather than on the size of the sum。
Iv. How to fix and correct evidence after damage to property defence
Whether ultimately characterized as criminal or civil, complete and genuine evidence is the basis for the defence of rights. In 2026, the rules of evidence were fully applied by the judiciary, and the lack of evidence could directly lead to the failure of the case or to unfavourable proceedings。
First, you need to keep the full chat records, phone records, text messages, without deleting or modifying them. Maintenance of money transfer vouchers, bank flow, micro-credit and payment of valuable bills, recording of receipt account information. (b) written or electronic documents such as retention contracts, debits, receipts, publicity materials, project descriptions, etc. As far as possible, the other party's true identity information, address, contact information, social accounts, etc. Where possible, witness information and relevant circumstantial material can be collected。
When evidence is ready, the corresponding channel is selected according to the nature of the act. If the conditions for filing a criminal case are met, the materials are brought to the public security authorities of the place where the crime was committed, and the case is referred back to them for review. The police will inform them whether a case has been opened within the statutory period。
If a civil dispute is found, a civil action may be brought before a competent people's court for restitution of property, compensation for damages, and, if necessary, for preservation of property, to prevent the transfer of property by the other party。
If there is an objection to the decision of the public security organs not to open a case, the court may, in accordance with the law, apply for review, review, supervision of the case by the public prosecutor's office, or a statement of the situation through the legal channels。
V. Routine precautionary recommendations to reduce property losses from source
Pre-emptive protection is more important than ex post facto defence of rights. In relation to the type of high risk in 2026, the following recommendations may be consulted。
It does not believe in calls from strangers, text messages and web links, and does not reveal to others at will important content such as id numbers, bank card information, sms codes, etc. Not to engage in activities that are clearly contrary to market rules, such as cash returns, risk-free high-return investments, etc. Before a large transfer is made, it is essential that the identity of the other party and the authenticity of the project be verified by multiple parties and that oral commitments not be blindly believed. Important financial transactions are involved, and every effort is made to enter into written agreements specifying the rights and obligations of the parties, the period of implementation and the liability for non-compliance. Groups such as the elderly, minors and others, when dealing with large amounts of property, should communicate fully with their families and avoid taking decisions alone。
Increased risk awareness and familiarity with common risk patterns can largely avoid unnecessary property disputes。
The law sets clear and rigorous criteria for the identification of fraud, neither fornicating real offences nor for escalating civil disputes into criminal cases. The conditions for the establishment of a case, the availability of fixed evidence and the choice of a rights-based path are necessary to respond to problems and to rely genuinely on the law to protect their property。
In everyday life, whether or not people have access to loans, investments, transactions, etc., and whether or not they have encountered a failure by the other party to comply with the agreement, and in what way the problem is resolved。
