[Commentary] Recently, China’s visiting student Li Mo was deceived by Weibo to buy a return flight ticket on Weibo, which was reported by the China News Service. The scammed student Li Mo said that after the incident, she contacted the US police for the first time.

　　[Telephone recording] Police in the country of residence abroad

　　Because the person who committed the fraud is in another country, I have no law enforcement power in that country, and I cannot go to China to arrest him. I also have no right to let the Chinese police arrest him.

　　[Commentary] The local police said that because both banks are in China, the Chinese police should be involved in the investigation. Subsequently, Li Mo called the police in Huaian City, Jiangsu Province, where the fraudulent account opening bank was located.

　　【Phone recording】Huai'an Police, Jiangsu Province, China

　　Help you transfer to our anti-fraud center, they can see if they can help you freeze the other party's account. If you must call Huai'an to call the police, you need to come to Huai'an and go directly to the bank where the other bank opens. , And then call 110 to call the police. We will arrange for people to come to the police. Then we will see if our case is handled by our Huaian police according to your situation.

　　[Commentary] The reporter's investigation found that the company that opened the account for the fraudulent bank account was Huaian Benqi Network Technology Co., Ltd. According to the business inquiry platform of the enterprise, the enterprise was established on May 9, 2020 with a registered capital of 5 million yuan. The registered place is located in Qingjiangpu District, Huai'an City, Jiangsu Province. Its business scope mainly involves network technical services, Internet sales, wholesale of clothing and daily necessities, and wholesale of electronic components. Among them, there is no ticket ticket agency service.

　　[Commentary] In recent years, transnational telecommunications fraud cases have occurred frequently. Since the case involves two or more countries and regions, and there are multiple jurisdictions in the jurisdiction, it is easy to blame each other in the case filing process, which makes it difficult for the victim to file a case.

　　[Same period] Li Na, Partner Lawyer of Beijing Yingke Law Firm

　　In such cases, the country where the student resides and the Chinese police station or public security organ have jurisdiction. International students can report the case in the country of residence, or they can report it to the Chinese public security organ. According to Articles 6, 7 and 8 of the Criminal Law of the People's Republic of China, as long as it is a crime committed within China, or a Chinese citizen commits a crime against other Chinese citizens abroad, or a foreigner commits a crime outside of China Chinese citizens commit crimes, and China has jurisdiction.

　　[Commentary] The lawyer stated that according to the "Procedures for Public Security Organs to Handle Criminal Cases", criminal cases are under the jurisdiction of the public security organs in the place of crime. So how to define the "crime place"?

　　[Same period] Li Na, Partner Lawyer of Beijing Yingke Law Firm

　　The place of crime includes the place where the criminal act occurred and the result of the crime. The place where the criminal act occurred mainly includes the place where the criminal act was carried out, the place where it started, the place where it started, the place where it passed, and the place where it ended. The place where the result of the crime occurred mainly includes the place where the criminal object was infringed, the place where the proceeds of the crime were actually obtained, the place of hiding, the place of transfer, the place of use, and the place of sale. It includes the place where the criminal's household registration and the place where the household registration leaves last last lived continuously for more than one year.

　　[Explanation] Therefore, for cases involving cross-border telecommunications fraud, lawyers suggest that victims can go to the public security organ where the suspected fraudster is located to report the case.

　　[Same period] Li Na, Partner Lawyer of Beijing Yingke Law Firm

　　In order to facilitate the efforts to bring criminals to justice at an early date, you can choose to go to the public security organ where the bank account provided by the criminal is opened, where the company is registered, or where the business is actually operated, and where you register. If the corresponding public security organ refuses to file a case, it may apply for administrative reconsideration and review of the decision not to file a case, or apply to the local procuratorate at the same level for filing supervision. If the victim has evidence to prove that the defendant’s violation of the victim’s personal and property rights should be investigated for criminal responsibility according to law, and the public security organ or the People’s Procuratorate will not pursue the defendant’s criminal responsibility, he may directly sue the people’s court with jurisdiction.

　　Reporter Fan Siyi reports from Beijing

Editor in charge: [Ji Xiang]