Resolutely deter and curb electronic fraud crimes with heavy punches and heavy handed actions
2024-07-25
It is said that northern Myanmar can make a lot of money, so Li illegally entered Myanmar through a "snakehead" and rented a venue from others to carry out telecommunications fraud activities. Recently, the Intermediate People's Court of Longyan City, Fujian Province, made a final ruling to uphold the original verdict, and the dust of this large-scale cross-border telecommunications network fraud case involving northern Myanmar has been settled. The criminal group has expanded its "business" to Laos, Nepal and other places, committing various types of telecommunications network fraud such as "pig killing schemes", false investment and financial management, and "brushing orders for rebates" against Chinese citizens. As of the time of the incident, there have been over 700 victims of fraud in China, with a total amount of nearly 100 million yuan involved. "Since last year, the political and legal authorities have achieved remarkable results in combating cross-border telecommunications network fraud related to northern Myanmar. A large number of suspect of wire fraud have been arrested and brought to justice. This year, a large number of cases will be prosecuted to the courts." Chen Hongxiang, the chief judge of the Third Criminal Trial Division of the Supreme People's Court, introduced that the people's court adheres to strict punishment according to law for telecommunications and network fraud crimes, continues to increase efforts to recover stolen goods and recover losses, and resolutely deter and curb crimes. Efforts should be made to lawfully handle the rampant use of "effective clearing of stock" telecommunications network fraud methods, which are increasingly showing characteristics of group, specialization, and cross-border crimes, causing huge property losses to the people and seriously damaging social integrity. The Central Political and Legal Work Conference held in January this year identified "deepening the crackdown on telecommunications and network fraud crimes" as one of the key tasks in the political and legal field in 2024. The Party Group of the Supreme People's Court attaches great importance to this work, conducts special research, and deploys and implements measures. The people's courts will resolutely punish such crimes in accordance with the law Chen Hongxiang said that the Third Criminal Court of the Supreme People's Court organized a meeting to promote the key work of cracking down on telecommunications and network fraud, analyzed the situation and tasks, further emphasized the need to actively take responsibility, "use heavy punches and heavy hands", adhere to strict laws and regulations, focus on the trial work of telecommunications and network fraud cases, especially those involving northern Myanmar, comprehensively improve the quality and efficiency of trials, and ensure solid results in the fight against and governance work. It is understood that, especially for cases involving telecommunications network fraud in northern Myanmar, the Third Criminal Court has strengthened organizational deployment, issued multiple notices, clarified task requirements, and conducted in-depth research in key provinces to strengthen trial guidance, ensuring the organic unity of the "three effects" of case trials - first, requiring courts at all levels to adhere to the principles of strict punishment, comprehensive punishment, accurate punishment, and full recovery of stolen goods and losses in accordance with the law, accurately apply the law, and fully implement the criminal policy of balancing leniency and severity. The second requirement is to strictly crack down on the organizers, commanders, ringleaders, and key members of criminal groups in accordance with the law, and to strictly crack down on the behind the scenes "financiers", recidivists, habitual offenders, and "snake heads" who illegally cross the national (border) border, as well as those who use special groups such as minors, students, the elderly, and people with disabilities to commit crimes. Thirdly, low-level personnel who play a secondary or auxiliary role in criminal groups, those who are lured or coerced into committing crimes, first-time or occasional offenders, those who voluntarily surrender, and those who actively cooperate in arresting the ringleaders and recovering fraudulent funds shall be given lenient treatment in accordance with the law. Since the beginning of this year, people's courts in various regions have further improved the legal trial of cases in accordance with the requirements of the Supreme People's Court to "effectively clear the stock", continued to "actively perform duties" to "effectively curb the increase", and strictly handled a large number of cross-border telecommunications network fraud cases involving northern Myanmar and other areas that were prosecuted to the court in accordance with the law, implemented the criminal policy of balancing leniency and severity, continuously increased efforts to recover stolen goods and losses, and made every effort to recover the economic losses of the victims. Especially for some ordinary people, their medical expenses, pension funds, school fees, etc. have been recovered, safeguarding the legitimate rights and interests of the people and maintaining social stability and harmony. Effectively implementing the principle of "catching the front end and preventing the disease", telecom network fraud is usually committed by groups or gangs, with complex personnel composition, varying degrees of malignancy, and different roles and positions. Especially in recent years, some minors, current students, and recent college graduates have been lured or deceived by criminal groups to participate, not only plunging themselves into the abyss of illegal activities, but also causing great losses to society and families. Chen Hongxiang stated that on the one hand, the people's courts adhere to the principles of education, persuasion, and rescue, implement the criminal policy of balancing leniency and severity, and make full use of the leniency system for confession and punishment. Those who should be lenient will be lenient according to law, and the policy will be maximally reflected within the legal framework, demonstrating the judicial warmth. On the other hand, we should focus on extending the judicial function, implement the release of typical cases, legal publicity and education, empower litigation source governance and social governance, actively form a joint governance force with relevant departments, and effectively practice the principle of "grasping the front end and preventing diseases". In order to fully utilize the guiding, warning, and educational role of typical cases, the Supreme People's Court has focused on key areas and combined them with social hot topics to launch a series of 10 promotional videos titled "Anti Fraud and Anti Gambling People's Courts in Action". Through vivid and popular forms of case explanation, the videos have been read over 4.85 million times online and over 19.25 million times on Weibo topics, achieving good social results. Before this year's Spring Festival, the Supreme People's Court released 8 typical cases of cross-border telecommunications network fraud and related crimes, emphasizing the policy stance of the people's courts to strictly crack down on cross-border telecommunications network fraud crimes in accordance with the law, reminding the public to take the case as a lesson and not to step into the quagmire of crime, becoming an "accomplice" to telecommunications network fraud crimes, which has attracted widespread attention from society. During this year's Two Sessions, relevant officials in charge of the Supreme People's Court and relevant business units were interviewed by the media, sending a strong signal to the society to severely punish telecommunications and network fraud crimes in accordance with the law, warning the public to enhance anti fraud awareness and improve anti fraud capabilities. Across the country, people's courts adhere to the normalization of anti fraud legal publicity, through activities such as "Bringing Law to Schools," "Court Open Days," and "Summer Camps for Junior Judges," combined with relevant cases, adopting easy to understand and enjoyable methods to guide the public to enhance their awareness of fraud prevention and help them improve their legal awareness, identify fraud, and refuse to participate in fraud. Adhere to a problem oriented approach and strengthen legal support. Focus on addressing prominent issues in the judicial governance of the crime of aiding and abetting cybercrime (hereinafter referred to as "aiding and abetting"), conduct in-depth investigations and research, and strive to promote the transformation of research results. Over the past year, the Supreme People's Court has actively promoted the issuance of relevant normative legal documents and continuously strengthened legal support. In response to the new situation and characteristics of current telecommunications network fraud crimes, especially cross-border telecommunications network fraud crimes, the working team of the Supreme People's Court and Criminal Court has conducted research and supervision in key provinces such as Yunnan, Sichuan, Jiangsu, Henan, Guangdong, and Fujian, comprehensively sorting out and studying the common problems and legal difficulties in cross-border telecommunications fraud cases. In response to new situations and problems arising in judicial practice, the Third Criminal Court, together with the Supreme People's Procuratorate and relevant departments of the Ministry of Public Security, has jointly studied and drafted normative legal documents on cross-border telecommunications and network fraud cases, further clarifying the legal basis, unifying the scale of judgment, and ensuring that cross-border telecommunications and network fraud crimes are punished severely in accordance with the law. This document is expected to be released soon. Currently, the number of cases of aiding and abetting crimes remains high, and a large number of young people are involved in them. Chen Hongxiang stated that many minors and school students, due to lack of social experience and weak legal awareness, are unable to resist temptation and enticement, and have fallen into the quagmire of crime. According to research, the vast majority of people in this group are "card farmers" who sell and rent "two cards" (mobile phone cards, bank cards), acting as "tools" for upstream crimes such as telecommunications fraud. Therefore, in response to the high number of cases, numerous cases involving "two cards", and prominent involvement of special groups such as students in the judicial practice of aiding and abetting crimes, the Third Criminal Division of the Supreme People's Court has conducted in-depth research on the judicial governance of aiding and abetting crimes, and has formed a research report on the judicial governance of aiding and abetting crimes, actively promoting the transformation of research results. Chen Hongxiang pointed out that based on a comprehensive review of existing legal provisions, the Third Criminal Court has taken the lead in drafting a normative legal document on the crime of aiding and abetting (which is expected to be issued in the near future), setting reasonable standards for criminalization. While strictly handling cases in accordance with the law, we will deeply implement the criminal policy of balancing leniency and strictness, adhere to the equal emphasis on "punishing crimes" and "governance", actively promote the application of administrative penalties in accordance with the law, promote the organic connection between administrative law enforcement and criminal justice, and make every effort to promote the prosecution source governance of the crime of aiding and abetting, fundamentally prevent and reduce such crimes, and ensure the full chain crackdown and governance of telecommunications network fraud crimes. (New Society)
Edit：Lubaikang Responsible editor：Chenze
Source：rmfyb.chinacourt.org
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