We will continue to severely punish telecommunications network fraud crimes according to law and effectively safeguard the legitimate rights and interests of the people

2022-09-07

On September 6, the Supreme People's court held a press conference to report the relevant work of the people's court in punishing telecom network fraud crimes according to law, and at the same time released ten typical cases of punishing telecom network fraud crimes and related crimes according to law. Ma Yan, President of the third criminal division of the Supreme People's court, and Chen pan, a senior judge at the third level, attended the press conference and answered reporters' questions. The press conference was presided over by Li Guangyu, spokesman of the Supreme People's court. Q: according to official data, at present, telecom network fraud accounts for as much as 80% of crimes committed abroad. Cross border telecom network fraud brings many difficulties to judicial organs in cracking down on such crimes. What measures has the people's court taken to crack down on cross-border telecom network fraud? A: as you said, with the intensification of the crackdown, a large number of telecom network fraud crime dens have been transferred to overseas to commit crimes, which has brought some difficulties and challenges to our crackdown and governance work, such as difficulties in investigation, evidence collection, identification and recovery of stolen goods. In the work of severely punishing telecom network fraud crimes according to law, the people's courts have made cracking down on cross-border telecom network fraud crimes the top priority of strict punishment. The following measures have been taken: first, strict standards of law application. In 2016 and 2021, the Supreme People's court, together with the Supreme People's Procuratorate and the Ministry of public security, formulated and issued the opinions on Several Issues concerning the application of laws in handling criminal cases such as telecom network fraud and the opinions on Several Issues concerning the application of laws in handling criminal cases such as telecom network fraud (II) (hereinafter referred to as opinions 1 and 2). The first opinion stipulates that those who commit telecommunication network fraud abroad shall be severely punished. The second opinion stipulates that if there is evidence to prove that the perpetrator participates in an overseas fraud criminal group or criminal gang, and carries out telecommunications network fraud against domestic residents abroad, the amount of fraud is difficult to verify, but the accumulated time of leaving the country for overseas fraud dens within one year is more than 30 days or he has left the country for overseas fraud dens for many times, he shall be investigated for criminal responsibility for the crime of fraud. Opinions 1 and 2 also stipulate special clauses that can be used as evidence for overseas evidence materials collected through international and regional police cooperation and judicial assistance, which embody the spirit of severely punishing cross-border telecom network fraud crimes and effectively solve the difficulties in judicial practice. The second is to ensure the trial effect of the case. The Supreme People's Court issued a circular, requiring people's courts at all levels to attach great importance to and effectively strengthen the trial of major, difficult and complex cases, especially cross-border telecom network fraud cases, and to achieve a high degree of unity between legal effects and social effects through trials. In recent years, the relevant courts in Beijing, Zhejiang, Jiangsu, Sichuan, Henan and other provinces and cities have tried a number of extraordinarily large cross-border telecom network fraud cases such as "operation the Great Wall", "10.30", "5.09", "10.18" and "11.20". A large number of criminals have been sentenced to more than 10 years of fixed-term imprisonment, and hundreds of millions of yuan of economic losses have been recovered for the deceived people, which has effectively cracked down on the arrogance of criminals and curbed the high incidence of telecom network fraud crimes. Among them, the "10.18" extraordinarily large cross-border telecom network fraud case heard by the Sichuan court was rated as "promoting the process of rule of law in the new era 2021"

Edit:Wei Li Bin    Responsible editor:Yin Bing

Source:people.com.cn

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