Multi-party work together to build a strong line of defense to curb crimes involving electronic fraud
Telecom fraud cases show the trend of younger criminal subjects and younger victims, expert advice
□ Our reporter Zhao Jie
Not long 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)", which mentioned minors and school students many times.
In reality, telecommunication fraud cases show a trend of younger criminal subjects and younger age groups of victims, and many cases often involve such groups.
What are the characteristics of such cases?
How was the case formed?
How should it be prevented?
A reporter from the Rule of Law Daily conducted an interview on these issues recently.
Teenagers are bewitched to use
In September 2020, one morning in the new semester, Xiao Zhe, captain of the third criminal investigation team of the Wuqing Branch of Tianjin Public Security Bureau, received the report. It is notified that 20 parents have already transferred red envelopes.
Upon verification by the student’s parents, the head of the “class teacher” was fraudulently used.
Xiao Zhe immediately launched an online investigation and found that a student shared the QR code of the parent group in order to get QQ game equipment for free.
Xiao Zhe led a team to a vocational secondary school in Dianbai District, Maoming City, Guangdong Province and found 15-year-old He Xiaofeng (a pseudonym).
At this time, He Xiaofeng had already sold the crime phone and transferred the stolen money to someone else's bank card.
According to the investigation, He Xiaofeng also used the same method to deceive the parents of students in Yunnan, Sichuan, Shandong and other places, with the amount of two to three thousand yuan.
The He Xiaofeng case is a case in which a minor committed fraud. In the following case, the minor became the victim of an online fraud case.
From April to May 2020, the suspect Chen Moumou and others posted messages on the QQ group such as "star thank fans", "receive task", "net celebrity birthday feedback" and other news to 17 people across the country by means of recharge and cashback. After committing fraud, withdrawing and transferring funds in many places after being successful, the amount involved was more than 200,000 yuan.
In the case of telecommunications network fraud, many students at school were deceived and used to provide criminals with personal mobile phone cards and bank cards, and became "tools" for criminal activities of telecommunications network fraud.
Geng, who was born in 2000, saw the released information on the acquisition of mobile phone cards in the WeChat part-time job group, and used his ID card to send 9 cards to the criminal gang’s Guo. He made a profit of 450 yuan, and one of the mobile phone cards was used. In the crime of telecommunications network fraud, a victim in Jingxing County, Hebei Province was defrauded of more than 350,000 yuan.
According to statistics from the Supreme People’s Procuratorate, in the prosecution of juvenile crimes in the first half of 2021, 1,594 people used the Internet to commit crimes in 945 cases, and 1,114 people used telecommunications to commit crimes in 577 cases.
From this set of data, it is not difficult to see that there is a trend of frequent occurrence of telecommunications network fraud cases involving minors.
Multiple factors add to each other
"I also learned how other people deceive people, specifically looking for younger students, because they are easy to deceive." He Xiaofeng was arrested and revealed his criminal psychology.
However, the causes of telecommunications network fraud cases involving minors are far more than this.
According to an analysis by the Supreme People’s Procuratorate, minors now belong to the “indigenous people” of the Internet age. Sixteen or seventeen is the age when they are more curious about new things. They have been exposed to the Internet for a longer time and a wider range, but Due to the characteristics of inexperience in the world, immature mind, and weak discriminating ability, it is not strong against the evils of online information that are difficult to distinguish between true and false, and the good and the bad are uneven. When encountering various problems such as poverty, violence, study weariness, neglect, etc., it is easy to interact with network factors. Overlay, induce the implementation of cyber crimes or be deceived by criminal gangs to participate in crimes.
"A large amount of information about minors is improperly collected and used by network applications, and even pushed to criminals; minors indulge in online games, high rewards, high recharges, excessive consumption and other problems are more common, and they are also minors. Human crimes plant major hidden dangers.” Na Yanfang, director of the Ninth Prosecutors Office of the Supreme People’s Procuratorate, said that in the process of handling the case, the procuratorial organs found obvious loopholes and even defects in the website supervision system, and the supervision level lags behind the technological development level.
In addition, the technical "threshold" for the implementation of cyber crimes is low, technology has been alienated into "scams", and skills have frequently become criminal tools.
In addition, some adults who commit telecommunications network fraud crimes have used the law's special policy of lightening minors and mitigating penalties to coerce, instigate, and induce minors to participate in and commit telecommunications network fraud crimes. It is also the case that minors are involved in such crimes. One of the reasons for the frequent occurrence of cases.
How to curb the frequent occurrence of telecommunications network fraud cases involving minors?
Some people in the political and legal departments gave their opinions.
"Guardians of minors should pay attention to the words, deeds and daily life of minors, take good care of their mobile phones and related account information, and do not inform minors of their payment passwords at will, and do not allow minors to use their bank accounts at will and find abnormalities. The situation must be intervened in time and seek rights relief in accordance with the law.” Na Yanfang said that for minors involved in crimes, family education and guidance should be further strengthened, and their parents should be urged to perform guardianship duties in accordance with the law, to help improve guardianship capabilities, improve parent-child relationships, and improve correctional education. Effect.
Na Yanfang suggested that technical research and application of technology should be strengthened, the level of supervision technology should be improved, and the laws and regulations of network supervision should be improved.
It is stipulated that network service providers shall not have the obligation to push or disseminate harmful information to minor users. Network administrators must increase their sensitivity to fraudulent language and routines, strengthen anti-fraud review of network information, and increase the screening rate of fraudulent information. The blocking rate, related content should be deleted in time when it is discovered, and when it is discovered that there are illegal persons who teach criminal skills and other bad information to minors, they have the obligation to take active measures and report the crime.
Strictly pursue accountability for those who fail to fulfill their responsibilities, further regulate online information push, online transactions, online social networking, etc., clarify the boundaries of rights and responsibility systems for cyberspace behaviors, maintain the security of minors' personal information, and curb the occurrence of illegal crimes on telecommunications networks.
"The procuratorial organs and education departments in all regions should strengthen communication and cooperation, and take into account the situation of the case, in-depth comprehensive management of the acquisition of "two cards" by illegal organizations around and on campus." The highest prosecutor has been engaged in the prosecution of minors for many years. The prosecutor said that in response to the problem of “selling bank cards” of school students and participating in telecommunications network fraud discovered in the handling of the case, it is necessary to find out the lack of supervision of relevant departments and other issues, promptly issue procuratorial recommendations, urge the competent departments to perform their duties in accordance with the law, and launch campuses in a timely manner. Special rectification and systematic management of environmental safety ensure the safety and purity of the campus.
Xiao Zhe suggested that political and legal agencies, relevant government departments, and families should work together to build a solid line of defense. In particular, schools and parents should be as seamless as possible to supervise students and correctly guide minors and families. School students form correct values.
Public security, cybersecurity and informatization departments should work together from top to bottom to promote system governance, continuously improve industry governance, and purify the network ecology.