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Students are introduced by the school to an internship in a wire fraud company
Sentenced on suspicion of fraud,
aroused the attention of netizens.
He studied at Bijie Vocational and Technical College
A graduate, Mr. Li, said,
The school will scam the company for internship positions
Recommended for on-campus students,
to the employee without his knowledge
defrauding others,
He was sentenced to six months' imprisonment in the first trial.
The school's principal's latest response said,
The school is in contact with the partner company,
Or the enterprise party will be held accountable.
On January 17, 2024, according to the report of Bijie Vocational and Technical College, on December 20, 2022, the People's Court of Xincai County, Henan Province pronounced the verdict of first instance and sentenced Li to six months of criminal detention and a fine of RMB 3,000 for fraud.
"My dream since I was a child was to be a police officer, but unfortunately I didn't get into the police academy in the college entrance examination, so I always planned to join the army after graduation. Li said that in June 2021, she had passed the enlistment registration. "After the medical examination, I can enlist in the army in September. But now I'm out of service. ”
During the second-instance trial, the school issued a certificate for Li
There have been a number of similar cases before
Coincidentally, similar cases have occurred in Zhejiang before. On December 15, 2023, CCTV's "Today's Statement" reported that in May 2020, 21 students from a vocational school in Gansu were involved in a telecom fraud case handled by the Yongkang police in Zhejiang. After investigation, 21 students were selected and recommended by the school to the enterprises involved in the case in Kunshan, Jiangsu.
On September 12, 2023, The Paper reported that from 2016 to 2018, more than a dozen graduates of Changde Haicheng Vocational School were introduced by the school to work in the Philippines. Three or four years after returning to China, they were suddenly arrested by the police for "opening a casino", and in 2023, all the students involved in the case were sentenced to varying degrees of punishment.
One of the students involved in the case recalled that the work of the group at that time was mainly to promote a game software at the front end, "I only knew that the promotion of the app would involve games and money, because the game won and lost, but I didn't know that it was illegal."
Lawyer: The school has committed gross negligence and should be held responsible
On November 30, 2023, the Supreme People's Procuratorate released the "Procuratorial Organs' Work on Combating and Governing Telecommunications Network Fraud and Related Crimes (2023)", which shows that students in school and recent graduates have gradually become the targets of telecommunications network fraud criminal groups, and the number of juveniles involved in crimes has increased.
Zhao Cong, a lawyer at Beijing Zhongwen Law Firm, believes that in this case, regardless of whether the student entered the wire fraud company as an intern or a fresh graduate, the school had committed gross negligence in the review of the cooperative enterprise and should bear legal responsibility.
Fu Yong, a lawyer at Dentons, also believes that although the student applied to the college for an internship with an independent contact unit, the school still has the obligation to review the internship unit, and the student can protect his rights and interests through civil litigation for the school's negligence in the unit review and demand the school to compensate for the loss.
According to Article 7 of the Regulations on the Administration of Student Internships in Vocational Schools, vocational schools shall conduct on-site inspections and evaluations to form a written report before determining the new internship units. The content of the inspection shall include: unit qualifications, creditworthiness status, management level, nature and content of the internship position, working hours, working environment, living environment, health protection, safety protection, etc. The list of internship units must be made public after being researched and determined by the school-level party organization meeting;
Article 10 of the "Regulations on the Administration of Student Internships in Vocational Schools" also stipulates that students who choose qualified internship units for their own positions shall apply for them and their legal guardians (or parents), and implement them after being reviewed and approved by the school.
Gao Yandong, a researcher at the Zhejiang Provincial Institute of Public Policy, believes that in this case, if there is evidence to prove that the company's fraud business is indeed undetectable and inaccessible to the front-end position, the student has no subjective knowledge of the fraud gang, and subjectively excludes the student's criminal intent and should not be held criminally responsible.
In this regard, the media commented that the students are in a predicament, and the school not only has the responsibility to provide assistance, but also should investigate the responsibility of the departments and personnel who have not fulfilled the responsibility of the review, and compensate the students concerned, so as to strengthen the school to carry out standardized school-enterprise cooperation and ensure the high-quality school-enterprise cooperation.
Source: National Anti-Hoax