□ Our reporter Wang Ying
Selling a bank card can make a profit of hundreds of yuan, how can such a "good thing" be easily missed.
But it was this small bank card that could bring him prison.
In April 2020, Zhu Mou (handled separately) found his friend Chen Mou for help, saying that someone bought a bank card to use for online gambling, and asked Chen Mou to sell him a few bank cards as well.
Chen Zhengchou had no financial resources, so he sold a bank card to Zhu, making a profit of 500 yuan.
After the bank card was acquired, it provided more than 2.2 million yuan in transfer funds for telecom fraud in just two months.
After a public prosecution by the People's Procuratorate of Qingliu County, Fujian Province, Chen was sentenced to seven months in prison and fined 5,000 yuan by the court for the crime of helping information network criminal activities.
The crime of aiding information network criminal activities (hereinafter referred to as the crime of aiding credit) is a new crime in the Criminal Law Amendment (IX) that came into effect in November 2015. It is an important accomplice to telecommunication cybercrime by providing technical support such as access, server hosting, network storage, communication transmission, or providing assistance in advertising promotion, payment and settlement, etc.
Recently, a set of case-handling data disclosed by the Supreme People's Procuratorate shows that in the first half of 2022, procuratorial organs across the country prosecuted 64,000 people for letter-aiding crimes. After dangerous driving and theft.
So, what are the salient features of such a high incidence of facilitation crimes?
What social governance problems are hidden behind such crimes?
How can we effectively promote the crackdown and governance of the source of telecommunication cybercrime?
The problem of "double low" of criminal suspects is prominent
"In life, the most common form of the crime of helping credit is to help criminal gangs illegally buy and sell mobile phone cards and bank cards (hereinafter referred to as "two cards"), and then provide services such as transfer and cash withdrawal. This is undoubtedly helping Internet criminal gangs obtain illegal transactions. Profits and evasion of legal responsibility." Liu Zifei, a lawyer at Beijing Huidu Law Firm, told the "Rules of Law Daily" reporter.
In November 2019, the Supreme People's Procuratorate and the Supreme People's Court formulated and issued the Interpretation on Several Issues Concerning the Application of Law in Criminal Cases of Illegal Utilization of Information Networks and Helping Information Network Criminal Activities, which clarified the conviction and sentencing standards for the crime of aiding trust and related judicial determination issues. .
"The upstream telecommunications cybercrime helped by the crime of trusting is mainly concentrated in two types of crimes, one is online fraud, and the other is online gambling crime." Liu Zifei analyzed.
In addition to illegally buying and selling "two cards", the conduct of the crime of aiding trust also includes providing professional technical support, software tools, such as GOIP equipment, batch registration software, etc., to improve crime efficiency and reduce crime costs.
In addition, there are black-produced software tools specially developed for crime, such as instant dialing IP, etc., to evade supervision or evade investigation.
In the first half of 2022, the people prosecuted by the procuratorial organs for the crime of aiding credit will involve all provinces in the country, especially in key areas with high incidence of telecommunication network fraud, and the number of prosecutions for the crime of helping credit is relatively large.
The data shows that the phenomenon of young age of the crime suspects is prominent, with 64.8% under the age of 30, and 23.7% between the ages of 18 and 22; the majority of low-educated and low-income groups, 66.3% with junior high school education and no fixed occupation. accounted for 52.4%.
The reporter learned that the crime of helping trust is mostly carried out in the form of criminal gangs, such as the organizational model of "Canon-Kashang-Katou", with a relatively clear division of labor, which is convenient for continuous and large-scale support for predicate crimes.
Different from traditional criminal gangs, different levels and members of letter-aiding criminal gangs often do not meet each other. Usually, they mainly communicate through the Internet by means of code names and secret words. It seems that the connection is loose, but the cooperation is close, and different levels and different members often work at the same time. Multiple predicate criminal groups help, and the harm is even greater.
Internet traps target school students
Tu Mou, a student of a certain university, has been buying other people's bank cards on and off campus for a long time and providing them to criminals. At the same time, he instigated his girlfriend Wan Mou, who is also a student, to buy 8 sets of bank cards from his classmates and sell them.
These bank cards were used to carry out the crime of telecommunication network fraud, and 21 victims transferred more than 2.07 million yuan of defrauded funds into the bank cards.
With the surge in the crime of helping letters, the procuratorial organs found in the handling of the case that the social governance, especially the network governance, reflected behind it was more prominent, including the problem of school students involved in the case.
Some students in the school are bewitched by fellow villagers and lawbreakers around the campus, selling and renting "two cards" and becoming "tool people".
There are also students on campus to recruit classmates to buy "two cards" and develop into "card merchants".
During the handling of the case, the procuratorial organ also found that the problems involved in the case of recruitment, internship, and part-time jobs that are closely related to students are also more prominent.
Some online recruitment platforms lack strict review and management of the qualifications of recruiting companies and the release of job information, which has led to applicants falling into the traps designed by criminals and ultimately committing the crime of aiding trust.
Some schools do not provide adequate guidance on students' employment and lax review of internship units, resulting in some students being deceived and participating in illegal and criminal activities on telecommunications networks during part-time internships.
In addition, the "industry" involved in the case is also more prominent.
One is the employees of technology companies, who hold the idea of "making quick money" and use "technical neutrality" as a shield, but actually become "technical assistance" for crimes; the other is the insiders in the communication, finance and other industries.
They violated the "real-name system" regulations and handled a large number of "two cards" and illegally sold and provided them, becoming the main tool delivery channel for telecommunication cybercrime.
For example, an agent of a communication company in a campus network of a certain university uses the student information who applied for a mobile phone card to privately handle more than 500 campus broadband accounts, and sell them to upstream buyers at a price of 200 yuan per account, some of which are used for Telecommunication network fraud crime.
Combining fight and prevention is necessary to punish crimes of helping and believing
In response to the characteristics of the crime of helping trust and the problems of social governance and network supervision, Chen Ying, member of the Procuratorial Committee of the Fujian Provincial People's Procuratorate and director of the Fourth Procuratorate Department, believes that it is necessary to adhere to the combination of punishment and prevention, and punish the crime of trust in the whole chain according to law. At the same time, strengthen the supervision of similar cases, promote the governance of the source of the lawsuit, deepen the interpretation of the law by the case, and build a social defense line for helping the crime.
First of all, it is necessary to highlight the key points of combat, and resolutely curb the breeding and spread of the crime of helping letters.
Focus on cracking down on organizers, leaders, backbones, principals of companies involved, and industry "insiders" who commit crimes of helping letters.
At the same time, conscientiously implement the criminal justice policy of combining leniency with strictness. For cases involving a large number of persons, focus on distinguishing status, role, classification and tiered handling, and strengthen the two-way connection between administrative law enforcement and criminal justice to ensure good case handling results.
Secondly, it is necessary to unify the judicial standards and improve the quality and efficiency of the handling of credit cases.
On the basis of in-depth research and extensive solicitation of opinions, the Fujian Provincial Procuratorate, together with the Provincial Public Security Department and the Provincial Court, further clarified issues such as the application of laws and policies for the crime of aiding credit, unified judicial case handling standards, and formed a joint effort to combat and control telecommunication and network fraud crimes.
At the same time, establish and improve the communication and information reporting system in conjunction with relevant departments, strengthen joint research on difficult and complex issues found in case handling, fully build consensus, and ensure the unification of the "three effects" of case handling.
Third, it is necessary to strengthen the supervision of similar cases and jointly promote the governance of online litigation sources.
Adhere to the active performance of duties in accordance with the law, and promote the transformation of case supervision to the supervision of similar cases. For cases involving "two cards", we put forward "prosecutorial early warning" around the review of new accounts, inspection of existing accounts, and risk control of high-risk accounts to promote the realization of Full process supervision.
In addition, weak awareness of the rule of law is an important reason for most people to commit the crime of aiding trust.
Therefore, it is necessary to adhere to prevention first, focus on high-incidence groups, key industries and areas with prominent problems, strengthen the interpretation of the law by cases, strengthen warning education, and prevent ordinary people from becoming criminal "tools"; "Campus" activities to enhance students' awareness of the rule of law; work with competent authorities and industry associations to strengthen the education of the rule of law for practitioners in the telecommunications, finance, and Internet industries, and improve their professional quality and awareness of the rule of law.