Under normal circumstances, there is no need to file a civil lawsuit attached to a criminal case, because the court will order restitution. However, in special circumstances, if the restitution does not compensate for one's losses, a separate civil lawsuit can still be filed.
Next, let's talk about compensation from the perspective of the victim of the fraud case.
In fact, for the victim, the main purpose is not to let the fraudster go to jail, because he can't get his money back after going to jail, which doesn't make much sense.
The main purpose is, of course, to hope that the money you have been cheated out of will be returned, even if it is only the principal!
Therefore, when the victim went to the public security organ to report the case, it was also a helpless move taken because the money was not returned.
If all the money comes back, who wants to report it?After all, the filing of criminal cases, especially fraud cases, is not so easy.
And in the whole process, no matter when, as long as the fraudster pays back the money, he will be punished leniently, or even exempted from punishment, or not investigated for criminal responsibility.
1.Before going to the public security organ to report the case, the victim will generally ask the fraudster for the arrears many times, and only when the fraudster refuses to repay, or even evades or hides, will he choose to report the case.
After reporting the case, the public security organs did not immediately file a criminal case, but went through a process of preliminary verification.
If the other party returns the money during this initial verification period, then in practice, the public security organs will generally not open a fraud case again.
2.If the initial verification is true and the fraudster does not repay the money, then the public security organ will file a case.
When the fraudster is arrested, the public security authorities will also ask him if he can repay the money.
If the money is returned immediately and the amount of the crime is not particularly large, the compulsory measure of release on bail pending trial will be directly taken and criminal detention will not be given. At the very least, a suspended sentence will be imposed in the end.
Of course, if it is found that the suspicion does not constitute a crime, then the public security organ will withdraw the case.
If the money is not returned, then criminal detention is carried out and the prosecution is requested to approve the arrest.
In this case, unless the evidence is not good, the procuratorate will generally approve the arrest, except for those who have repaid the money.
3.After the case reaches the court, if the money has not been spent, the court will hear and make a judgment at this time, and then it will involve the issue of whether to file an attached civil lawsuit.
According to Article 64 of the Criminal Law of the People's Republic of China, all property illegally obtained by criminals shall be recovered or ordered to be returned;The victim's lawful property shall be promptly returned to ......
It can be seen that there are two ways for the victim: the first way is to file an attached civil lawsuit, and the second way is to order restitution.
Fraud cases clearly fall into the latter category. In the end, the court will sentence the fraudster to the victim and order him to make restitution for the victim's losses.
In fact, this also saves the victim the trouble of filing an attached civil lawsuit, but ordering restitution also has its inconvenience, that is, he will only refund the actual losses of the victim, but will not refund the interest.
At this time, if the victim has previously agreed with the other party on the interest of the repayment, or even needs to bear the lawyer's fees and other related expenses, if the restitution is still not satisfied after being ordered to make restitution, he can file a separate civil lawsuit to claim his rights.
In this regard, the practice of local courts is not very consistent, and many courts will accept and adjudicate, but even if the judgment is made, the other party will basically not repay the loan.
After all, if he had the ability, the case would not have been able to reach the point of sentencing.
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