What to Do After a Fraud: A Step-by-Step Guide to Filing a Police Report in China
The moments following the discovery of a fraud are critical. Whether it is an investment scam, a high-tech telecommunications fraud, or a business deal gone wrong, your primary goal is to convince the police that a crime has been committed.
At Zhang&Partners, we assist clients in distinguishing between criminal fraud and ordinary civil commercial disputes. Here is the professional workflow for filing a report. See also dispute resolution in China and property preservation.
1. Where to Report? (Determining Jurisdiction)
Don't just run to the nearest police station. To avoid being rejected based on jurisdiction, report to the public security bureau (PSB) in one of these locations:
- Place of the crime: This is the most common. It includes where you were when you were scammed, where you made the money transfer, or where your bank account is located.
- Suspect's residence: The suspect's registered household or regular residence.
Practical tip: Call 110 first. Briefly state your location, the amount lost, and the method of transfer. The 110 center will direct your case to the correct station, saving you a wasted trip.
2. Essential Documentation
Evidence is the lifeblood of a criminal case. You must prepare:
- Identity documents: Your passport and its Chinese translation.
- Statement of facts: A clear, chronological timeline of events.
- Communication logs: WeChat history, emails, or phone recordings. Do not delete the original data! Screenshots are secondary; police need to see the original device to verify authenticity.
- Financial records: Bank statements or transaction records from Alipay or WeChat Pay. Highlight every transfer associated with the fraud.
3. The Civil vs. Criminal Test
This is where most victims fail. If the police perceive your case as a contract dispute (for example, you bought something and the quality was poor, or you lent money and they won't pay it back), they will tell you to file a civil lawsuit instead.
To secure formal criminal case filing, your statement must focus on two elements:
- Fabrication of facts: The suspect lied about their identity, their project, or their intent from the very beginning.
- Illegal possession: The suspect had no intention of fulfilling a contract or repaying money and instead spent it on personal luxuries or disappeared.
Key distinction:
- Civil (contract dispute): “We had a deal, but he failed to deliver the goods as promised.”
- Criminal (fraud): “He never had the goods, used a fake company name to lure me into paying, and immediately blocked me after receiving the money.”
4. The Filing Process
- Case acceptance: The police give you a receipt of acceptance. This means they have recorded your report.
- Review: The police have a set period (usually 3 to 7 days, extending to 30 days for complex cases) to decide whether to officially file the case.
- Formal case filing: If they find evidence of a crime, they will issue a notice of case filing. This officially triggers the criminal investigation and potential arrest of the suspect.
If the police refuse to file your case, claiming it is a civil matter, we can help you file for administrative reconsideration or assist in preparing a civil lawsuit to freeze the suspect's assets through the court system.
If you've been defrauded, speed is essential. The sooner the police are involved, the higher the chance of freezing the funds before they are laundered or moved abroad.
This article is general information only, not legal advice. Case filing standards vary by locality and amount. Consult PRC criminal and dispute counsel.