Strictly punish pension fraud crimes according to law
Effectively safeguard the legitimate rights and interests of the elderly
——The person in charge of the Fourth Procuratorate of the Supreme People's Procuratorate answered reporters' questions on the release of typical cases of cracking down on pension fraud crimes
On June 17, the Supreme People's Procuratorate released 6 typical cases of cracking down on pension fraud crimes.
At present, the national special campaign to crack down on pension fraud is in progress. What is the significance of this batch of typical cases released by the Supreme People's Procuratorate at this time?
In this regard, the reporter interviewed the person in charge of the Fourth Procuratorate of the Supreme People's Procuratorate to understand the considerations and significance behind the release of typical cases.
Q: What are the main considerations for the Supreme People's Procuratorate to crack down on typical cases of pension fraud?
answer
Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at the core has attached great importance to the work of aging, and has successively issued the "Opinions of the Central Committee of the Communist Party of China and the State Council on Strengthening the Work on Aging in the New Era" and the "14th Five-Year Plan" for the development of the national aging cause and the elderly care service system. "Plan" and other important documents, General Secretary Xi Jinping has given important instructions on many occasions, emphasizing the need to "let the elderly share the fruits of reform and development and enjoy a happy old age", which fully reflects the great importance the Party Central Committee attaches to the work of aging.
However, with the continuous development of the cause of aging, fraudulent crimes that violate the legitimate rights and interests of the elderly and undermine the development of the cause of aging in the name of old-age care are also showing a high incidence.
These crimes violate the legal property of the elderly, seriously affect the physical and mental health and sense of security and happiness of the elderly, and are also related to the peace of life of thousands of households and the harmony and stability of society.
In April this year, the Ping An China Construction Coordination Group took the lead in deploying a national special campaign to crack down on elder care fraud, requiring publicity and education, crackdowns in accordance with the law, and rectification and regulation of "three arrows", severe punishment of elder care fraud and crimes in accordance with the law, and extended treatment of those who violate the legitimate rights and interests of the elderly. Fraud and chaos, and promote the healthy development of the pension business.
It is an important duty of the procuratorial organs to severely punish and prevent pension fraud crimes in accordance with the law.
Cases are an effective way to guide case handling and carry out warning education. As a member unit of the special action, the Supreme People's Procuratorate started to prepare and distribute cases from the beginning of the special action.
Compiling and distributing this batch of typical cases is not only an important measure to implement the deployment of the national special campaign to crack down on pension fraud and to further promote various procuratorial work, but also an important way to warn the whole society, especially the elderly, about the methods of pension fraud and popularize the knowledge to prevent pension fraud. .
Q: What are the main new trends in the current fraud crimes against the elderly, and what are the characteristics of the typical cases of pension fraud released this time?
answer
Judging from the situation of procuratorial case handling, the current fraud crimes against the elderly mainly take advantage of the physical and mental characteristics of the elderly, and combine with contemporary social hotspots and information network technology. , The means "iterative upgrade", complex and changeable.
The main manifestations are as follows: First, attracting attention and defrauding trust with small favors and family care, and then defrauding large amounts of property through false exaggerated propaganda and promises of high returns.
Second, under the banner of pension policies, cutting-edge technology, financial innovation, etc., the use of new concepts and new terms that the elderly have little contact with is used to create false impressions such as "government support", "regular operation" and "unlimited prospects", which are constantly confusing to the elderly. enhanced.
Third, the black and gray industry promotes pension fraud.
For example, using the illegally obtained personal information of citizens, targeted arrangement of words, fabricated products or projects, and the implementation of precise fraud, making fraud easier to succeed; using the illegal Internet to widely divert traffic and spread to a wider range; using illegal payment platforms to quickly gather , transfer funds, resulting in greater losses.
At present, there are various types of crimes against the legitimate rights and interests of the elderly. We have focused on the compilation of cases involving fraud crimes in the name of pensions or specifically targeting the elderly: First, we focus on key areas with high incidence of pension fraud cases.
The 6 cases cover various typical means of pension fraud, such as investing in the pension industry, booking pension apartments, selling collectibles, providing medical services for the elderly, and acting as an agent for "old-age pensions", involving fund-raising fraud, illegally absorbing public deposits, and fraud. , crime of infringing on citizens' personal information and other crimes related to pension fraud.
The second is to reveal the common means of pension fraud.
It is hoped that through these real cases happening around, the elderly and their children and relatives around them will be guided to build a strong anti-fraud defense line.
The third is to demonstrate the procuratorial organ's stance on severely punishing pension fraud crimes.
The savings of the elderly are an important guarantee for the elderly to live a happy life and enjoy their old age. Fraud crimes against the elderly are of a bad nature. For cases against the elderly, heavier punishment according to law is the basic requirement for handling cases, even if lenient treatment is applied. When making regulations, we must also strictly grasp the scope of leniency. The six cases all reflect this basic position.
Q: In addition to warning and education, what demonstration and guiding role does this batch of cases have for procuratorial organs in punishing pension fraud crimes?
answer
These six cases reflect the practice of procuratorial organs in the process of punishing pension fraud crimes from different aspects.
Many practices are common in the cases, and for each case, we focus on the highlights.
The performance process and typical significance of these six cases fully reflect the basic requirements of procuratorial organs in handling pension fraud crimes.
The first is to adhere to the main tone of severely punishing pension fraud in accordance with the law, and accurately grasp the boundaries between crime and non-crime, misdemeanor and serious crime, and neither wrong nor condone.
The second is to strictly adhere to the basic principles of franchising financial activities, punish illegal financial activities in the name of pensions in accordance with the law, and prevent the public, especially the elderly, from being confused by appearances such as "policy support" and "financial innovation".
The third is to always take the recovery of stolen goods and recovery of damages as an important work content of the procuratorial case handling, make good use of criminal justice policies such as leniency and strictness, fewer arrests, prudent prosecution and prudent detention, leniency system for pleas and punishments, anti-money laundering and other measures, and make every effort to recover stolen goods and recover losses.
The fourth is to comprehensively punish all kinds of pension fraud crimes. For crimes such as infringing on citizens' personal information and other crimes that provide help for the crime, they must be punished together to cut off the black industry chain.
The fifth is to do detailed interpretation and reasoning according to the physical and mental characteristics of the elderly, better reflect judicial humanistic care, and comprehensively protect the legitimate rights and interests of the elderly.
The sixth is to carry out rectification and standardization work in conjunction with case handling coordination, and through the formulation and issuance of procuratorial recommendations, etc., to reflect the responsibility of procuratorial departments to "self-governance" and to promote the "all-government" of relevant functional departments.
These requirements have been correspondingly interpreted in 6 typical cases, and they have a positive guiding role for special actions and the punishment of pension crimes in the future.
Q: The half-year special campaign to crack down on pension fraud has entered the middle stage. What achievements have the procuratorial organs achieved, and what will be done next?
answer
After the special action started, the Supreme Procuratorate immediately set up a leading group, issued an implementation plan, held a work promotion meeting, and deployed and promoted the special work of procuratorial organs across the country.
Procuratorial organs at all levels have also established corresponding leading groups, under the leadership of the Supreme People's Procuratorate and the political and legal committees of local Party committees, to solidly advance the work of cracking down on the crime of pension fraud.
In addition to compiling and distributing cases, the Supreme People's Procuratorate also listed and supervised the handling of 10 major pension fraud cases, and organized procuratorial organs at all levels to prosecute a number of pension fraud cases in a timely manner on the basis of handling cases.
Since the special operation, the procuratorial organs have apprehended more than 160 cases of fraudulent misappropriation of wealth in the name of elderly care and fraudulent misappropriation of wealth specifically targeting the elderly, and prosecuted more than 660 persons.
In the next step, the procuratorial organs will, in accordance with the deployment requirements of the Office of the National Special Action Office for Combating and Rectifying Elderly Fraud, stand at the height of implementing the national strategy, and make solid deployment of the special action as an important political task to ensure that the special action is effective.
The first is to adhere to the case-handling-centered approach, include all ongoing pension fraud cases into ledger management, strengthen targeted guidance, prosecute a number of major pension fraud cases in a timely manner in accordance with the law, intensify efforts to recover assets and restore losses, and comprehensively form a stricter policy on pension fraud. Punishment situation.
The second is to strengthen traceability and governance, combining case handling and issuing procuratorial suggestions, actively cooperating with administrative authorities to carry out rectification and normative work, while punishing crimes, focusing on key areas of supervision clearly defined by special actions, especially the protection of elderly personal information and the false propaganda of elderly care products And so on to carry out public interest litigation.
The third is to innovate and implement the legal popularization responsibility system of "who enforces the law and who popularizes the law".
The Supreme People's Procuratorate has set up a column on the "Procuratorial Daily" and new media platforms to combat and rectify pension fraud, and will focus on the production and release of a batch of high-quality prevention and rule of law publicity works. Jointly create a strong momentum of legal propaganda and crime prevention, continuously deepen the effectiveness of crime prevention propaganda and education, and create a good social environment for the elderly to enjoy a happy old age.