Cut off the criminal chain of telecommunications network fraud (Jintai sharp comment)

  A few days ago, the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security jointly issued the "Opinions on Several Issues Concerning the Application of Laws in the Handling of Telecommunications Network Fraud and Other Criminal Cases (2)". Clarify the specific applicable legal basis, and implement a full chain and all-round crackdown on telecommunication network fraud crimes.

  Telecommunications network fraud has become a criminal crime that seriously damages the interests of the people. In 2020 alone, the national telecommunications network fraud cases involving property losses amounted to 35.37 billion yuan.

From the perspective of law enforcement and case handling by political and legal agencies, illegally opening and selling phone cards and bank cards (hereinafter referred to as "two cards") is one of the important causes of the continued high incidence of telecommunications network fraud. Criminals mostly use phone cards and bank cards illegally collected and sold. Collecting and transferring stolen money and evading investigation by the public security organs have led to the rapid circulation, dismantling, and confusion of fraudulent funds, which greatly increases the difficulty of fighting crime and recovering stolen goods.

  To effectively punish telecommunications network fraud crimes, we must target key links.

Strictly cracking down on illegal crimes involving the "two cards" in accordance with the law is a key link in cutting off the help chain of telecommunications network fraud crimes, curbing the high incidence of telecommunications network fraud crimes, and strengthening source governance.

Beginning in October last year, the national public security organs, together with the prosecutors, courts, communications, and financial departments, have jointly launched a "broken card" operation to cut off the information flow and capital chain of telecommunications network fraud and crime, and try their best to curb telecommunications network fraud from the source. The high incidence of crime has achieved positive results.

The "Opinions (2)" stipulates that on the basis of summarizing the experience of the "broken card" operation, the acquisition, sale, or lease of credit cards, bank accounts, other people's mobile phone cards, data cards, etc., for others using the information network to commit crimes can be determined For the "help" behavior stipulated in the criminal law, the legal basis for cracking down on the "two card" crimes has been further improved, and the legal standards have become more comprehensive.

  As criminals of telecommunications network fraud continue to change forms and use a variety of technical means, which increase the difficulty of investigation and traceability, this requires relevant departments to earnestly perform their main responsibilities, strengthen source governance and industry governance, and continuously increase supervision efforts.

At present, while the relevant departments are focusing on clearing and rectifying fraudulent calling cards and fraudulent bank accounts, they continue to strengthen technical countermeasures, intercept fraudulent calls and fraudulent text messages, block fraudulent websites, forcefully eliminate fraudulent black and gray industrial chains, and eradicate fraud crimes. soil.

Some places are also exploring the implementation of credit punishments for untrustworthy users of mobile phone cards and bank cards. For example, in terms of communications, users who have only kept one phone card within 5 years and cannot add mobile phone service functions are imposed on untrustworthy users, and the network ecological space is purified through industry governance. , Formed a comprehensive governance force.

  Telecommunications network fraud is a preventable crime. Only by adhering to both combat and prevention, and prevention first, can we minimize the number of crimes and avoid losses for the masses to the greatest extent.

Issuing early warning instructions and strengthening the emergency interception of defrauded funds are all powerful measures to prevent telecommunications network fraud.

It is worth noting that in judicial practice, it has been found that some students in school are easily attracted and lured by card trafficking gangs when they are looking for internship opportunities and part-time jobs in society.

This also reminds us that the fight against telecommunication network fraud requires not only the heavy blows of government departments, but also the joint efforts of network platforms and the whole society.

Only by combining combat and prevention, taking multiple measures, and comprehensively managing, can we curb the high incidence of telecommunications network fraud and protect the money bags of the broad masses of people.

  Wei Zhezhe