The police in many places issued the first anti-fraud ticket, and the whole chain of China deeply cracked down on electronic fraud

　　China News Agency, Beijing, January 11th, title: The police in many places issued the first anti-fraud ticket

　　China News Agency reporter Guo Chaokai

　　Since the implementation of the Anti-Telecommunications Network Fraud Law, the police in Shanghai, Shenyang, Shaoguan and other places in China have recently issued the first anti-fraud administrative fines, forming a strong deterrent to criminal activities of electronic fraud, and cracking down on electronic fraud throughout the chain.

　The first anti-fraud administrative fine issued in many places

　　Increasing the intensity of punishment and filling the absence of administrative punishment measures in the previous work of cracking down on electronic fraud is one of the highlights of the anti-electrical fraud law.

　　On December 1 last year, the day when the Anti-Electronic Fraud Law was officially implemented, the Guangdong Shaoguan Public Security Bureau issued the first anti-fraud administrative fine in Guangdong Province after the implementation of the new law to the suspect Huang who set up communication equipment for the electronic fraudsters. Confiscation of illegal gains of 6,000 yuan (RMB, the same below), and a fine of 12,000 yuan.

As of December 17, the Guangdong police applied the new law to administratively punish 633 people.

　　In the past few days, the police in many places have issued the first local anti-fraud administrative fines: the Shanghai police issued the first fines to three "post-90s" who set up fraudulent phone dens for a tele-fraud gang; The telephone card case issued a fine of 10,000 yuan; the police in Shenyang, Liaoning Province punished Liu who provided a WeChat account for the phone fraud gang, and fired the "first shot" of local anti-fraud administrative penalties...

　　The reporter sorted out and found that the administrative fines issued by the police in various places are mainly aimed at organizing, planning, implementing, and participating in telecommunications and network fraud activities, or providing assistance for telecommunications and network fraud activities, but it does not constitute a crime. Providing support or assistance for the implementation of telecommunications and network fraud activities, such as illegal buying, selling, leasing, and lending of phone cards, bank accounts, payment accounts, and Internet accounts, as well as illegal activities such as providing real-name verification assistance and opening accounts with fake identities.

　　Pang Wei, head of the Anti-Telecom Network Fraud Squadron of the Qingzhou Public Security Bureau in Weifang, Shandong, told a reporter from China News Agency that the administrative fines issued by the police not only target those who provide assistance for tele-fraud activities, but also those who organize, plan, Illegal persons who implement or participate in electronic fraud activities.

　　Yuan Bin, a professor at the Institute of Criminal Law Science of Beijing Normal University, said that telecommunication and network fraud is a property-related crime, and deterring telecommunication and network fraud gangs will inevitably increase their illegal costs and reduce their criminal profits.

Issuing administrative fines and increasing the ratio of fines will help to better punish illegal crimes, and by increasing the cost of violations, they will stifle their idea of ​​engaging in wire fraud.

Fill in the "loopholes" and crack down on fraud in the whole chain

　　In the first 11 months of 2022, a total of 391,000 telecommunications and network fraud cases were cracked across the country, a year-on-year increase of 5.7%, and the number of criminal suspects arrested increased by 64.4% year-on-year.

In recent years, telecommunications and network fraud has become a type of crime with more incidents, rapid rise, and strong public reaction, showing the characteristics of "industrialized distribution, group operation, refined division of labor, and cross-border layout".

　　Over the years, the wire fraud industry has derived a complete black and gray industry chain, from upstream providing technical tools and collecting personal information for wire fraud gangs, to midstream fraud implementation, to downstream using payment channels to "launder" funds, involving Telecommunications, finance, Internet and other industries.

　　Before the implementation of the Anti-Electronic Fraud Law, the public security organs had the problem of insufficient legal connection in the process of combating electronic fraud. If the illegal and criminal acts did not meet the criminal punishment standards, the public security organs often had to educate and release the persons involved.

For example, "Qanong" hired by electronic fraudsters to "launder money" used to be difficult to be punished as long as the amount involved in the case was not high; after the implementation of the Anti-Electronic Fraud Law, this "loophole" was finally closed.

　　Pang Wei pointed out that the Anti-Electronic Fraud Law is in line with the provisions of the Criminal Law in terms of combating and punishing electronic fraud crimes and related crimes; for acts that do not constitute crimes, administrative penalties can be imposed in accordance with the relevant provisions of the law.

　　From the perspective of the outside world, the promulgation of the Anti-Electronic Fraud Law has given various departments a legal basis for anti-fraud work, and has also "tailor-made" criminals for electronic fraud in terms of criminal responsibility, administrative responsibility, civil liability and disciplinary measures. punishment.

　　In fact, in addition to cracking down on domestic wire fraud, this "small cut" law also provides legal support for combating cross-border wire fraud.

　　As the crackdown continues to intensify, the living space of electronic fraud crimes in China has been greatly squeezed, and many electronic fraud criminal gangs have moved overseas.

This change has further increased the difficulty and cost of police crackdowns.

　　In this regard, the Anti-Electronic Fraud Law specifically stipulates that for persons who go to areas with severe telecommunications and network fraud activities, if there is suspicion of major telecommunications and network fraud activities abroad, the immigration management agency may decide not to allow them to leave the country; the public security department of the State Council, etc. Departments strengthen international law enforcement and judicial cooperation.

This provides an important legal basis for public security organs and other relevant departments to crack down on transnational telecommunications network fraud.

　　In Pang Wei’s view, the Anti-Electronic Fraud Law elevates some systems and practices formed by the public security organs in the anti-fraud work into legal provisions, consolidates the responsibilities of all parties, and makes the police’s crackdown on governance and prevention work more law-based, providing a foundation for the entire chain In-depth crackdown on electronic fraud and upstream and downstream related crimes provides fundamental legal guarantees and has a good punishment effect.

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