Make Good Use of Legal Weapons to Say "No" to Cyberfraud Crimes: Prosecutors Handing Over Excellent Answers on the First Anniversary of the Implementation of the Anti Telecommunications and Network Fraud Law
2023-12-14
Zhang and Li were sentenced to three years in prison and fined 30000 yuan for the crime of infringing on personal information of citizens; The defendants Wang, Sun, Zhang, and Li in the incidental civil public interest lawsuit were sentenced to pay 14500 yuan in compensation, and publicly apologized to the public for infringing on citizens' personal information in national news media... On November 30, 2022, the hammer fell, and Wang and others were sentenced in court for fraud and infringement of citizens' personal information. In this case, Wang and others illegally obtained citizen mailing information and collected a payment on delivery (COD) of 69 yuan for a foot bath bag worth only two yuan. They also blindly sent over 170000 packages to unspecified recipients nationwide, defrauding a total of more than 300000 yuan. The People's Procuratorate of Haidian District, Beijing, together with the criminal prosecution, filed an incidental civil public interest lawsuit, issued prosecutorial suggestions to the logistics company involved, urged the improvement of personal information protection measures for citizens, and eliminated security risks of information leakage. This is one of the typical cases recently released by the Supreme People's Procuratorate on how procuratorial organs punish telecommunications network fraud and related crimes in accordance with the law, and it is also a vivid footnote for procuratorial organs to make full use of legal weapons to combat electronic fraud crimes. The Anti Telecommunications Network Fraud Law of the People's Republic of China shall come into effect on December 1, 2022. Over the past year, the national procuratorial organs have adhered to the principle of putting the people at the center, adhering to a systematic concept and rule of law thinking, implementing both punishment and prevention, fully fulfilling the functions of the "four major procuratorates", resolutely curbing the high incidence of telecommunications and network fraud crimes in accordance with the law, and effectively safeguarding the legitimate rights and interests of the people and social harmony and stability. The number of prosecutions for related crimes is on the rise. Recently, the Supreme People's Procuratorate released the "Work Situation of Prosecutors in Combating and Managing Telecommunications Network Fraud and Related Crimes (2023)" (hereinafter referred to as the "Work Situation"), which revealed that with the increasing efforts in cracking down on and managing telecommunications network fraud, especially overseas arrests, from January to October this year, the procuratorial organs prosecuted more than 34000 telecommunications network fraud crimes, an increase of nearly 52% year-on-year. According to the relevant person in charge of the Fourth Procuratorate of the Supreme People's Procuratorate, the main characteristics of current telecommunications network fraud crimes can be summarized in nine words, namely "wide field, new methods, and deep harm". With the recent focus of political and legal authorities on cracking down on cross-border telecommunications network fraud criminal groups, a large number of individuals engaged in fraud activities overseas have been arrested and returned to China. In the coming period, the number of telecommunications network fraud cases prosecuted by procuratorial organs will continue to rise. ——The number of prosecutions for aiding information network criminal activities remains high, but the increase is gradually slowing down. From January to October this year, the procuratorial organs prosecuted more than 115000 people for the crime of aiding in trust, a year-on-year increase of nearly 13%, and a year-on-year decrease of 2.2 percentage points. ——The number of prosecutions for concealing and concealing criminal proceeds, as well as the proceeds of crime, has surged, making it the second largest telecommunications network fraud related crime after the crime of aiding in trust. From January to October this year, the procuratorial organs prosecuted more than 104000 people for the crime of concealment, a year-on-year increase of nearly 80%. ——The number of prosecutions for crimes that obstruct border management is rapidly increasing. From January to October this year, the procuratorial organs prosecuted more than 17000 people for illegally crossing national (border) borders, a year-on-year increase of 5.3%; prosecute
Edit:Wangchen Responsible editor:Jia Jia
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