Chinanews.com, March 2. According to the WeChat official account of the Supreme People's Procuratorate, at present, telecommunications and network fraud crimes are on the rise, and the related network black production crimes are growing and spreading, seriously destroying the cyberspace environment, affecting social harmony and stability, and the people. The crowd reacted strongly.
Procuratorial organs adhere to the integration of combat, prevention, management and control, severely punish telecommunications network fraud and related crimes in accordance with the law, and coordinate to promote comprehensive network governance.
In 2021, procuratorial organs across the country will prosecute a total of 40,000 telecommunication and network fraud crimes.
Regarding the basic situation of telecommunications network fraud and related crimes, there are mainly the following three categories:
First, judging from the number of incidents, the crime of telecommunication and network fraud has declined, and the related crime of cyber criminals has risen rapidly.
From 2019 to 2021, procuratorial organs prosecuted 39,000, 50,000, and 40,000 people for telecom and network fraud crimes respectively.
In 2021, although the number of prosecutions for telecommunications and network fraud crimes has dropped, it is still running at a high level in general.
At the same time, the related cyber crimes have grown rapidly, mainly involving crimes of helping information and cyber crimes, covering up and concealing criminal proceeds and proceeds of crime, infringing on citizens’ personal information, obstructing credit card management, and buying and selling official documents of state organs. , certificate, seal crime, illegally crossing the country (border) crime, illegal use of information network crime, etc.
Among them, nearly 130,000 people were prosecuted for crimes of helping information and network crimes last year, an increase of more than 8 times year-on-year, ranking third in all types of criminal crimes (the first two were dangerous driving crimes and theft crimes), becoming a crime of telecommunication network fraud The number one crime in the chain; in addition, the crime of concealing the proceeds of crime and the proceeds of crime for the transfer of fraudulent funds for predicate criminals, and the crime of smuggling across the country (border) by organizing personnel to go abroad to participate in telecommunication and network fraud crimes, etc., The crime of infringing on citizens' personal information has also grown rapidly, with the number of indictments increasing by 104%, 281%, and 64% respectively year-on-year.
Second, from the perspective of the persons involved, the "three lows" phenomenon of young age, low education and low income are more prominent.
Among the telecommunications and network fraud crimes and related crimes prosecuted, 85% are under the age of 35, of which there are more than 2,200 minors, accounting for about 2%, a year-on-year increase of 18%; 70% have junior high school education and below; no fixed occupation accounted for 94%.
Third, from the perspective of fraud forms, "pretences" are varied and deceptive.
Telecom and Internet fraud involves many areas of daily life, and 50% of them commit fraud under the "pretence" of investment and wealth management, emotional friendship, online shopping, etc. Among them, investment and wealth management fraud ranks first, accounting for 26%.
Traditional fraudulent methods are being renovated, new types of fraudulent methods are constantly emerging, and various fraudulent methods are intertwined, which are highly confusing and harmful.
Combined with judicial case handling, the procuratorial organs found that there are four prominent problems in social governance, especially network governance, which should be paid close attention to.
First, young people, especially school students, are particularly involved in the case.
The investigation found that many young people were addicted to selling phone cards and bank cards, helping fraudsters transfer the money brought by the material returns, and even doing it as a business, and fell into the quagmire of crime.
Once young people, especially school students, have a bad criminal record, it will not only seriously affect their personal study and life, but also make it difficult to integrate into society, and also bring "sequelae" to social governance.
Second, there are frequent cases of minors and the elderly being deceived, and the fields involved are relatively concentrated.
Due to the lack of social experience of minors and the unfamiliarity of the elderly with network operations, in recent years, cases of these two groups of people have continued to be deceived.
From the perspective of the deceived field, minors are mainly concentrated in live broadcast rewards, online games, online shopping, etc.; the elderly are mainly concentrated in pension investment, health care, and emotional friendships for the elderly living alone.
Third, the leakage of citizens' personal information is more prominent, and the industry's "insiders" should be vigilant.
In 2021, procuratorial organs will prosecute more than 9,800 people for crimes against citizens' personal information, a year-on-year increase of 64%.
The leakage of citizens' personal information has become the source of telecommunication and network fraud crimes.
Criminals use illegally obtained personal information of citizens to register mobile phone cards and bank cards as a basic tool for fraud crimes; or use this information to "portrait" the target of fraud to carry out precise fraud.
During the case, it was found that there were many "internal ghosts" in the industry who leaked personal information.
In 2021, the procuratorial organs will prosecute more than 500 "inner ghosts" who leaked citizens' personal information, involving communications, banking insurance, real estate, hotels, property, logistics and other industries.
Most of the defendants are lower-level staff members, and some have left their jobs. The leaked personal information of citizens is of various types and quantities, some of which are sensitive personal information.
Fourth, the use of network technology for crimes deviates from the purpose of technology for good, and lowers the "threshold" of crimes.
In order to evade supervision or evade investigation, criminal gangs strengthen criminal "technical confrontation" by means of technology outsourcing and purchasing technical services.
Some technology companies and technicians violated industry norms and professional standards, did not discriminate between service objects and projects, illegally provided technical support, and allowed harmful results to occur.
Through the intervention and blessing of technology, the "threshold" of criminal implementation has been greatly reduced.
In response to the trends reflected in the handling of cases, procuratorial organs across the country adhered to the thinking of "full chain crackdown, precise prevention, and integrated governance", stepped up efforts to crack down on telecommunication network fraud and related crimes in accordance with the law, and actively created a "world without fraud, all people" Anti-fraud" good social environment.
First, adhere to strict laws and regulations, strengthen the entire chain of punishment, and resolutely curb the high incidence of telecommunication and network fraud crimes.
Focus on key areas, new methods, and special objects, and intensify efforts to crack down on fraud, live broadcast, online games, virtual currency investment fraud, and fraud against the elderly and minors.
Together with the public security organs, we will make every effort to crack down on cross-border telecommunications and network fraud criminal groups.
Punish according to the law all kinds of cyber criminals that "transfuse blood and provide food" for fraud crimes, carry out in-depth "broken card" operations, and severely punish "inner ghosts" in the industry for illegally leaking personal information and using virtual currency to "launder money" for fraudsters. .
Together with the Supreme Court and the Ministry of Public Security, we issued the "Opinions on Several Issues Concerning the Application of Law in Handling Telecom and Internet Fraud and Other Criminal Cases (2)", and further tightened the crackdown on prevention and legal net.
The second is to pay attention to the grasp of policies, distinguish between leniency and strictness, and ensure the effect of case handling.
Based on the system concept and the rule of law thinking, we insist on focusing punishment on criminal groups, organizers, planners, commanders and key elements of criminal gangs, card-trafficking gangs, professional "card dealers", and "inner ghosts" in the industry.
In view of the situation that young people, especially school students, become criminal "tools" and accomplices in fraud crimes, adhere to the principle of education, rescue, punishment and warning, implement the criminal justice policy of fewer arrests, prudent prosecution and prudent detention, and jointly formulated and issued by the Ministry of Education. Typical cases, guide to enhance the ability to distinguish and prevent awareness.
The third is to strengthen the governance of complaint sources, adhere to data empowerment, and actively promote comprehensive governance in the network field.
Combined with judicial case handling, the procuratorial organs in Shanghai, Zhejiang, Jiangxi, Gansu and other places have issued procuratorial suggestions, risk reminder letters, signed memorandums, etc. , urge the strengthening of comprehensive management.
Pay attention to the two-way synergy between criminal prosecution and public interest litigation prosecution, actively explore the establishment of a case-handling linkage mechanism in the fields of personal information protection and network governance, and strengthen comprehensive protection of cyberspace.
Adhering to big data thinking, Zhejiang and other places actively explore, promote the establishment of an integrated and intelligent public data platform for telecommunication network crimes, strengthen data integration analysis and judgment, realize the transformation from case-based supervision to case-based supervision, and timely discover network Governance "dead corners" and "blind spots", and strive to promote the formation of governance synergy.
Fourth, based on prevention first, strengthen the interpretation of the law by case, and create a good social atmosphere of "anti-fraud by all".
Conscientiously implement the legal popularization responsibility system of "who enforces the law, popularizes the law", actively cooperates with local education departments to organize and carry out the "anti-fraud entering campus" activities, and walks into more than 7,000 colleges and universities to teach the rule of law courses and build campus network security together line of defense.
The "Anti-fraud In Progress" column was set up on the Supreme Prosecutor's Weibo, and anti-fraud propaganda works were published every week.
Focusing on the combination of procuratorial hearings, simultaneous interpretation of the law by case, strengthening the education of the persons involved and their family members, and raising the public's awareness of the rule of law on the Internet.