China News Service, July 26. According to the Supreme Procuratorate website, in the first half of this year, procuratorial organs across the country prosecuted 58,101 people for fraud, a year-on-year increase of 35%. Among them, 32,463 people were prosecuted for fraud crimes committed by means of telecommunication networks, a year-on-year increase of 77.1%. Especially in crimes that hinder the prevention and control of the epidemic, fraud crimes occur frequently, and the number of prosecutors for fraud crimes accounted for 43.4% of all crimes that hinder the prevention and control of the epidemic. The Supreme People's Procuratorate has carried out targeted guidance. Among the ten batches of typical cases involving epidemic prevention and control that have been released so far, there are 9 cases involving fraud.
The picture shows the Shanghai Huangpu Public Security Police arrested the suspect of telecommunications network fraud in Guangdong on May 14. Photo by China News Agency reporter Yin Liqin
Trends and characteristics of fraud crimes in the first half of the year
The first is that it involves a wide range of social life fields, multiple levels, and great social harm. Judging from the case handling by the procuratorial organs in the first half of the year, there are many names involved in fraud crimes, ranging from national macro policies to people’s clothing, food, housing and transportation, including epidemic-related fraud, “medical care” fraud, “health care product” fraud, “admissions agency” fraud, The “routine loan” fraud, the fraudulent state subsidy fraud, the national asset unfreezing fraud, etc., continue to “innovate”, covering education, medical care, employment, pension, social security, land acquisition and demolition, targeted poverty alleviation, financial credit and other fields. The victims caused economic losses and also seriously affected economic and social development. In particular, some telecommunication network frauds break through the restrictions of national boundaries, regions and personnel, and have the characteristics of stakeholder, cross-border, remote, electronic payment, etc., and there are many unspecified victim groups and great harm.
Second, the characteristics of corporate, professional, and professional fraud crimes are obvious. Of the fraud crime cases handled by the procuratorial organs, nearly seven have become joint crimes. The form of criminal organization has changed from "simple partnership" to "corporatization". Fraud gangs are well organized, with clear division of labor, each performing their duties, hierarchical management, and a self-contained system. , Showing an increasingly obvious trend of specialization. For example, some established specialized companies, rented high-end office buildings, set up multiple departments or positions, used legal network platforms for publicity and recruitment, conducted training and assessment of recruiters, adopted corporate operation mode management, dressed in "legal cloak", confused Stronger sex. At the same time, this corporatized, professional, and professional fraud method has also given birth to a black and gray industrial chain that provides help and profit from criminals.
Third, criminal methods are becoming increasingly intelligent. With the popularity of the Internet, fraud crimes began to shift to the Internet. New technologies such as artificial intelligence, machine learning, and big data analysis are used in all aspects of the implementation of fraud. Criminals fabricate facts, conceal identities, and use various agents, anonymity and other technical means to commit crimes in virtual spaces. Criminal methods have gradually changed from the traditional cash delivery method to using online banking and payment platforms to transfer money.
The fourth is to give birth to other implicated crimes, forming a crime "industry chain." Since the implementation and completion of telecommunications network fraud activities need to rely on certain conditions, around the telecommunications network fraud, a black and gray industrial chain and criminal interest consortium have been formed, which are divided and intertwined with other illegal and criminal activities. From the illegal acquisition and provision of citizens’ personal information, to the manufacture and sale of "pseudo base station" equipment and SMS group senders, to the dissemination and maintenance of false network platforms, to the bulk purchase of other people’s ID cards, bank cards and mobile phone "black cards" This may cause violations of citizens’ personal information, impede credit card management, help information cybercrime activities, destroy computer information systems, conceal and conceal criminal proceeds and other related crimes, thereby forming upstream and downstream "industry chains" with telecommunications network fraud as the core crime crime.
The procuratorial organs severely punish, prevent and control according to law
Punishing and preventing crimes in accordance with the law, and promptly issuing early warnings to the public and relevant departments are the unshirkable responsibilities of procuratorial organs. In handling judicial cases, procuratorial organs earnestly perform their duties, not only insisting on maintaining a high-pressure posture against fraud crimes, but also targeting specific law enforcement measures, and promoting social governance by issuing procuratorial recommendations.
One is to strictly control the quality of case handling. The procuratorial organs strictly control the facts, evidence, procedures, and the application of law in approving and prosecuting fraud cases, based on facts, and the law as the criterion, so as to be invincible. Especially for telecommunication network fraud crimes, we pay attention to the core role of electronic data in fact determination, and strive to build an evidence chain that mutually confirms electronic data, verbal evidence, and documentary evidence. Severely punish epidemic-related fraud crimes in accordance with the law, simultaneously intervene in investigations to guide evidence collection, and promptly arrest and prosecute in accordance with the law, forming a deterrent effect. For example, the Yinzhou District Procuratorate of Ningbo City, Zhejiang Province handled an epidemic-related fraud case, and the prosecutors intervened as soon as possible. From the occurrence of the case to the completion of the case, it only took 5 days, which reflects that it is handled quickly and strictly and maintains the overall stability of the society. Attitude and determination.
The second is to strengthen litigation supervision. In the handling of fraud cases, the public security organs were required to state 1,247 reasons for not filing a case. In the same period, the public security organs opened 857 cases, accounting for 68.7% of the number of requests to explain the reason for not filing; the public security organs were requested to explain 758 cases and the public security organs withdrew 627 cases during the same period. , Accounting for 82.7% of the number of reasons for not filing a case. In reviewing arrests and reviewing prosecutions, we focused on the prosecution of missed offenders, corrected 733 missed arrests by public security organs, and corrected the missed review and prosecution of 1113 accomplices by public security agencies.
The third is to insist on both combating and prevention. In the first half of the year, procuratorial organs across the country issued 298 procuratorial recommendations for fraud crimes to promote joint efforts to prevent fraud crimes and promote in-depth governance. For example, in response to the loopholes in the supervision of telecommunications companies, banks, and intermediary organizations found in the handling of the case, the Guangzhou City Procuratorate of Guangdong Province and the Dongguan City Procuratorate promptly put forward procuratorial recommendations, urging relevant units to strengthen supervision, improve mechanisms, and promote leaders Effective system construction.
The fourth is to make every effort to recover stolen goods and restore damages. Local procuratorial organs seize important links such as intervening in investigations to guide evidence collection, review and prosecution, supervise investigative agencies to actively recover stolen money, cooperate with relevant departments to recover stolen money, and strive to minimize the economic losses caused by fraud crimes to the people. For example, in the Lin Moumou routine loan case handled by the Beijing Municipal Procuratorate, the case involved 22 properties waiting to be sealed up. In the case that the property may be dealt with in advance by other cases, the original "Letter of Suspension of Execution" was created and sent to the relevant court in time. It is recommended that the previous seizure of the real estate involved in the case be suspended by the court, and unified disposal after the facts of the crime are ascertained, so as to make the greatest efforts to recover the real estate involved in the case and recover the losses of the victims.
The prosecutor reminded everyone to be very vigilant against fraud and crime. Don't expect "pie in the sky", and don't be credulous when you think it's cheap, and keep your "money bag."