The highest method accurately focuses on the "urgent difficulties and expectations" of the masses

2021-09-24

On September 22, the "national training course on the trial of telecommunications network fraud cases by courts" jointly organized by the third criminal division of the Supreme People's court and the National College of judges opened in Beijing. More than 400 backbone judges from the national middle and high courts concentrated on learning and discussing new provisions and new spirit such as the new judicial guidance on combating telecom network fraud, so as to enhance the ability to handle cases and safeguard the legitimate rights and interests of the people. This is an important measure for the third criminal court to further promote the education and rectification of the team and the study and education of party history, and earnestly carry out the activity of "I do practical things for the masses". Telecom network fraud has caused huge property losses to people and enterprises. In particular, the living expenses, medical treatment money and tuition fees of some ordinary people have been defrauded, resulting in serious material and spiritual damage. In order to adapt to the development of the new situation and the needs of the actual struggle and further clarify the legal standards, in late June, the supreme law and other three departments issued the opinions on Several Issues concerning the application of law in handling criminal cases such as telecommunications network fraud (II) (hereinafter referred to as opinion II). On the basis of the principle of "strict punishment, comprehensive punishment, accurate punishment and full recovery of stolen goods and losses" established in the opinions on Several Issues concerning the application of law in handling criminal cases such as telecommunications network fraud issued at the end of 2016, the second opinion accurately focuses on the "urgent difficulties and anxieties" of the victims, such as the difficulty in identifying overseas electric fraud crimes and the difficulty in recovering stolen goods and losses, When handling a criminal case of telecommunications network fraud, the seized funds in the accounts involved shall be returned to the victims in priority. The relevant person in charge of the third Supreme Court of justice and punishment told reporters that the defendant's active return of stolen goods and compensation can be fully considered as the circumstances of sentencing. On the contrary, we should strictly grasp the scale not only in sentencing, but also in commutation and parole, reflecting the spirit of strictness. Over the past few months, many victims have taken back the cheated funds and felt the justice and warmth of justice. For example, on July 27, Kunming, Yunnan Province held a fund return ceremony to return the frozen stop payment funds of 5.647 million yuan to the victims of telecom network fraud. It is reported that at present, a large number of fraud dens have been transferred abroad, and more than 60% of overseas dens have committed crimes. It is very difficult to obtain evidence overseas through police cooperation or judicial cooperation. The victims hope that the judiciary will make a breakthrough in solving this problem. Opinion 2 stipulates that if there is evidence to prove that the perpetrator participates in an overseas fraud criminal group or criminal gang and commits telecommunications network fraud against domestic residents abroad, the amount of fraud is difficult to verify, but if he leaves the country for a fraud dens for more than 30 days or many times within one year, he shall be recognized as "other serious circumstances" stipulated in Article 266 of the criminal law , criminal responsibility shall be investigated according to law for the crime of fraud. This provision has solved the legal problems encountered in handling cases, and once again shows that the judicial organs have a clear and firm attitude to severely punish such crimes. The person in charge of the third criminal court said that this year, typical cases of handling electric fraud cases will be released in due time, and full coverage rotation training will be conducted for grass-roots judges engaged in relevant trial work, so as to give full play to the power of more accurate attack and more effective protection, and fully protect the legitimate rights and interests of the people. (reporter Wang Lili) (outlook new era)

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