According to the official Weibo of the Supreme People's Procuratorate, the procuratorate has found that fraud crimes are still frequent at present, and the means are constantly being renewed, seriously harming the legitimate rights and interests of the people and affecting social harmony and stability. The procuratorate increased punishment in accordance with the law, and approved the arrest of a total of 5,6 people for fraud crimes in the first quarter of 2023, ranking second among all crimes; 10923,2 people were prosecuted, ranking fifth among all charges. This type of crime mainly presents three characteristics.
First, it involves a wide range of areas and is closely related to market demand. In addition to the traditional common types of fraud such as telecommunications network fraud, financial fraud, and routine loan fraud, new types of fraud such as pension fraud, medical insurance fraud, and collectible fraud are constantly emerging and diverse, affecting the people's sense of gain, happiness and security. Some of them specifically target the elderly to commit fraud and infringe on the legitimate rights and interests of the elderly in the name of providing "pension services", investing in "pension projects", selling "pension products", declaring "housing for the aged", acting as an agent for "endowment insurance", and carrying out "old-age assistance". For example, in the fraud case of Fang Mouliang handled by the Fuxing District Procuratorate of Handan City, Hebei Province, since May 2016, Fang Mouliang pretended to be the director of a company's pension office, claiming that he could handle the company's pension insurance for people who did not work, and defrauded hundreds of people who needed to handle pension insurance with a total of 5.368 million yuan, except for 8,78 yuan paid to some victims in the name of "pension" and "living expenses", the rest were used for personal consumption.
Second, the characteristics of organization and scale are obvious. More than 2014% of the fraud cases prosecuted by the procuratorate are joint crimes. Fraud gangs are well-organized, have a clear division of labor, perform their own duties, and are hierarchically managed and self-contained. Some set up special companies, using the so-called "legal companies" as a cover, renting high-end office buildings, setting up multiple departments or positions, using network platforms for publicity and recruitment, and adopting enterprise operation mode management. For example, in the fraud case of Xu Mouqiao, Bao Moukang and others handled by the Changzhou procuratorate in Jiangsu Province, from November 11 to December 2018, Xu Mouqiao registered and established several chain companies such as a cultural exchange company, recruited Bao Moukang and other employees to form a fraud criminal group, packaging handicrafts, calligraphy and paintings from cheap wholesale in the distribution and wholesale market into "collections" with several times to dozens of times the appreciation space, luring the elderly who lack professional knowledge of collectibles to buy. By the time the case came to light, the fraud group had defrauded more than 12.160 million yuan from more than 2071 victims.
Third, criminal methods tend to be intelligent and highly concealed. From the perspective of case handling, in the past, the scene of using the telephone alone to commit fraud began to shift more to the Internet, and artificial intelligence, big data analysis, etc. were used in all aspects of fraud. Traditional cash delivery has gradually shifted to online banking and payment platform transfers. Some communicate through the network single-line, do not meet each other, and carry out assembly line fraud activities. Fraud in the network environment spreads widely, is fast, has many deceived people, has low crime costs, and is easy to replicate, which not only increases the cost of handling cases, but also increases the difficulty of crime crackdown and prevention.
In response to the characteristics of cases and the problems reflected, procuratorial organs persist in performing their duties in accordance with law, and while cracking down on fraud crimes in accordance with law, improve working mechanisms, strengthen supervision of similar cases, and promote comprehensive management of society.
First, leniency and strictness should be reciprocated and crime should be cracked down on in accordance with the law. Persist in combining special crackdowns in key areas with regular crackdowns, and increase the intensity of punishment according to law. In view of the trend of gangs and specialization in fraud crimes, conscientiously implement the criminal policy of combining leniency and severity, and on the basis of severe punishment, lenient treatment in accordance with law for minor crimes involving accomplices and accessories with low participation and little harm, and circumstances such as admitting guilt and repentance, and actively returning stolen goods. In the first quarter of 2023, the procuratorate did not approve the arrest of 9630,3936 people suspected of fraud in accordance with the law, of which 4238,3164 were not arrested without social danger; <>,<> persons were not prosecuted, of which <>,<> were relatively not prosecuted. At the same time, timely summarize the experience in handling similar cases, and refine the evidence standards for similar cases; Give play to the role of case guidance, promoting uniform application of law and uniform law enforcement standards.
The second is to improve the mechanism and form a joint force to combat crime. Establish consultation mechanisms with public security organs on major cases, forming long-term cooperation mechanisms in areas such as system establishment, information exchange, and evidence standards. Improve coordination mechanisms for recovering stolen goods and losses, and strive to recover economic losses for victims. Actively strengthen regular contact and substantive coordination with functional departments such as finance, telecommunications, and market supervision, as well as Internet enterprises, supervise the implementation of supervision, monitoring, and reminder responsibilities, and promote the formation of systematic synergy in punishing cybercrime.
The third is to strengthen the supervision of similar cases and promote comprehensive management. Through the handling of similar cases, efforts are made to discover the deep-seated problems behind the cases, make full use of procuratorial suggestions, promote relevant industries to improve regulatory mechanisms, increase supervision efforts, and promote source governance. In response to the phenomena that some victims have insufficient cognitive ability, poor discrimination ability, and weak awareness of prevention, and some victims who are greedy for small bargains, eager to achieve quick results, and fall into fraud traps due to being hoodwinked, actively implement the responsibility of popularizing the law, widely publicize the knowledge of preventing telecommunications fraud, and explain the law in combination with typical cases to enhance the public's awareness of safety and prevention.