Research on practical issues of entrustment-type fraud cases under Chinese Criminal Law

Entrustment-type fraud, a criminal act wherein the entrustor seeks to achieve a specific objective by commissioning another party to handle matters, and the entrusted party, with the intent to illegally possess property, deceives the entrustor through fabricated facts or concealment of the truth, inducing the entrustor to dispose of property. In practice, such fraud often involves the entrusted party fabricating social connections, capabilities, progress of matters, or intended use of funds to defraud property. Judicial determination focuses on whether the entrusted party harbors the intent to illegally possess. Where evidence is insufficient, facts are unclear, or there is no intent to possess others property, even if false, exaggerated, or fraudulent conduct exists, it may not constitute this offense. Regarding post-incident property recovery, the legal nature of the defrauded property as non-loss property complicates recovery through criminal incidental civil procedures; while civil litigation is feasible, it carries significant risks. In criminal confiscation and restitution processes, the support for restitution claims and the scope of property compensation depend on factors such as the purpose of the entrustment and the manner of fund disposition.