No, it's a different thing with different consequences. A scammer robbed you money, the scammer should be condemned to pay reparations (good luck with that) but no jail(which a lot of innocent people pay its costs). If someone poison you and you die, that person should face death penalty IMO.
Discussion
I see, you believe it should only be a matter of consequences. So what if the person who got scammed can no longer pay for the operation that he needed, and dies a month later?