2023-12-07 12:21·With the development of network technology, bank card transfer has become an increasingly common payment method in our lives. However, this convenience also comes with certain security risks, giving criminals the opportunity to use electronic money transfers to commit fraud. So, once we are unfortunate enough to fall victim to this type of scam, is it possible to recover the defrauded funds?
Netizen consultation:
Can a bank card transfer be recovered if it is scammed?
Lawyer answers:
Can a bank card transfer be recovered if it is scammed?
Bank card transfer fraud may not be recovered, but you must choose to report to the police at the first time, and save the evidence and provide relevant evidence to the public security organ at the first time, so that the public security organ can solve the case faster. Only in the case of freezing the transfer account with the bank in a timely manner can there be hope that the money can be recovered in time.
If the public security organs use appropriate methods and take timely measures, it is possible to recover them. If the bank fails to fulfill its security obligations, then the bank is responsible for the deception of the user's transfer. Is the bank responsible for bank transfer scams?It is the responsibility of the bank to discuss the bank on a case-by-case basis. China's law clearly stipulates that if a bank fails to fulfill its security obligations and causes damage to others, it shall bear tort liability. If the bank card transfer is defrauded, you must immediately apply for a bank card loss report, freeze the account, and then report to the police. If the bank is found to have committed negligence in the process, it can recover part of the loss. In addition, ATM transfers can be withdrawn within 24 hours.
[Legal basis].
Criminal Law of the People's Republic of China
Article 266:Where public or private property is defrauded and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine;where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given;where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud
Article 1: Where public or private property is defrauded with a value of 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be 'relatively large amounts', 'huge amounts', or 'especially huge amounts' as provided for in Criminal Law article 266.
Author: Fa Que Consulting.
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