In recent years, the crime situation of telecommunications and network fraud has been very serious. It has become one of the types of crimes with the most cases, the fastest rise, the widest involvement, and the strongest response from the people.
Only by deeply cracking down on and controlling telecom network fraud crimes and resolutely curbing the frequent occurrence of telecom network fraud crimes can the happiness and sense of security of the people be more substantial and sustainable.
This year's work report of the Supreme People's Court shows that in 2023, the People's Court concluded 31,000 telecom network fraud cases in accordance with the law and 64,000 cases, a year-on-year increase of 48.4%, reflecting the People's Court's determination and intensity to severely punish telecom network fraud crimes.
The word "fight" should be taken seriously, and severe punishments should be adhered to in accordance with the law.
In recent years, cross-border telecommunications network fraud crimes have accelerated their derivation and upgrade, showing some new changes and new characteristics, which are manifested in the transformation from independent fraud gangs to very large criminal groups, from single fraud crimes to increasingly complete industrial chain crimes, from The use of traditional network technology to commit crimes has changed to the use of high technology to commit fraud crimes.
Some people secretly cross the border and form criminal groups or gangs to commit telecommunications and network fraud crimes against residents within the country.
Such criminal groups and gangs are often well-organized and hierarchical, with a clear division of labor among members. Different personnel work together to complete crimes in each link, seriously endangering the interests of the people.
The People's Court insists on "punching hard" and "strengthening hands" and insists on a two-pronged approach to severely crack down on cross-border telecommunications network fraud crimes and related and derivative crimes in accordance with the law.
In the case of 67 defendants including Zeng, Zhong, and Wang committing fraud and illegally crossing the border, the court not only severely punished the ringleaders, principals, and accomplices who organized and led the criminal group in accordance with the law, but also Criminals such as Ye Mouzhen and Guo Mougen who knowingly know that others are using information networks to commit crimes but still provide technical support and transfer stolen money services will be cracked down in accordance with the law.
The word "rescue" is the bottom line, and we insist on pursuing the stolen goods and reversing the losses with all our strength.
The effectiveness of the recovery and damage recovery work in cross-border telecommunications network fraud cases is not only a powerful measure to cut off the chain of criminals and domestic interests, but also an important issue related to the satisfaction and sense of security of the people.
In addition to urging criminals to take the initiative to return stolen goods and compensate for losses, recovery of stolen goods and losses cannot be done alone. Coordination with relevant units at home and abroad must be strengthened to form a joint effort.
For example, establish an information resource sharing mechanism with Interpol, multinational financial institutions, communications departments, Internet companies, etc., make full use of anti-fraud platforms, etc. to collect victim-related information, promote the construction of a telecommunications network fraud crime investigation database, and establish a supervision and cooperation mechanism with banks. , promote the standardization of bank card business operations through judicial suggestions and other means, and encourage banks to monitor and provide early warning for bank card transfer behaviors that meet the criminal characteristics of cross-border telecommunications network fraud; establish a collaborative governance linkage mechanism with telecommunications companies, network platforms, and regulatory authorities. , simplifying the case handling process, compressing the coordination links, further improving the efficiency of recovering stolen goods and retrieving losses, squeezing the profit space of criminals to the maximum extent, and safeguarding the legitimate rights and interests of the masses.
Focus on the word "hard" and resolutely protect the security of citizens' personal information.
In the process of iterative renovation of telecommunications network fraud criminal methods, related crimes such as infringement of citizens' personal information have been spawned, and a black and gray industrial chain has gradually formed, seriously infringing on the security of citizens' personal information.
The "Interpretation on Several Issues Concerning the Application of Laws in the Handling of Criminal Cases of Infringement of Citizens' Personal Information" issued in 2017 provides a guiding basis for the application of laws in handling such criminal cases.
The "Personal Information Protection Law" introduced in 2021 has a special chapter on the rules for the cross-border provision of personal information.
By intensifying the crackdown on related crimes such as infringement of citizens' personal information, the people's courts maintain the security of citizens' personal information, eradicate the breeding ground for overseas telecommunications network fraud crimes, and prevent the spread of crimes.
In the case where the defendant Pan Mouping and three others infringed on citizens' personal information, the People's Court severely punished the three people for infringing on citizens' personal information in accordance with the law, demonstrating a clear "zero tolerance" attitude towards crimes related to telecommunications and network fraud crimes.
The word "prevention" is the key, and efforts should be made to increase the anti-fraud law popularization work.
The rule of law that is engraved in the hearts of the people is the truly unbreakable rule of law.
Faced with the temptation of various information provided by overseas criminals such as "high-paying recruitment" and "recruiting abroad", some people go abroad through smuggling and other methods to engage in illegal and criminal activities such as fraud.
Judicial organs must not only severely punish such criminal activities in accordance with the law, but also intensify anti-fraud law enforcement efforts by publishing typical cases online and sending legal cases offline to villages, communities, schools, and nursing homes to help the broad masses of people subjectively Establish risk awareness to identify and prevent fraud, cut off the criminal path of cross-border telecommunications network fraud from the source, and jointly create a social environment of "all people prevent fraud and all people fight against fraud".
There is no end point to protecting and improving people's livelihood, only a continuous new starting point.
To combat the crime of telecom network fraud, we need to adhere to the criminal policy of combining leniency with severity. At the same time, we need to severely punish telecom network fraud and related crimes, increase efforts to recover stolen goods and recover losses, and at the same time practice the concept of active justice and implement judicial suggestions. , anti-fraud and anti-fraud propaganda, etc., to continue to write a new chapter in the rule of law that puts people first.
(Liu Xiaofen)