There is no hiding place for cross-border telecommunications network fraud

Original title: Let the crime of cross-border telecommunications network fraud have nothing to hide

In recent years, the situation of telecommunications network fraud has become increasingly severe and complex, among which overseas telecommunication network fraud has shown new trends and new characteristics, causing serious social harm and extremely bad impact, and the public has strong reactions. A few days ago, the Supreme People's Court released eight typical cases of cross-border telecommunications network fraud and related crimes, sending a strong signal that such crimes will be severely punished in accordance with the law.

General Secretary Xi Jinping stressed that it is necessary to resolutely curb the frequent and high incidence of telecommunications network fraud crimes. In April 2022, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the "Opinions on Strengthening Efforts to Combat and Govern Illegal and Criminal Telecommunications Network Fraud", making arrangements and arrangements for strengthening efforts to combat and govern illegal and criminal telecommunication network fraud. In September of the same year, the Anti-Telecom Network Fraud Law was promulgated, which clarified that the targets of crackdown and governance are telecommunication network fraud activities carried out within the mainland territory or telecommunication network fraud activities carried out abroad by mainland citizens. The people's courts should conscientiously implement the spirit of General Secretary Xi Jinping's important instructions, give full play to the role of adjudication functions, and lawfully crack down on cross-border telecommunications network fraud and other criminal activities, and lawfully crack down on persons who collaborate in domestic crimes. At the same time, we will intensify the recovery of stolen goods and losses, and recover economic losses for the deceived people to the greatest extent.

From cases of fraud and illegal border crossing, to cases of covering up and concealing criminal proceeds, from cases of aiding information network criminal activities and enticing others to take drugs, to cases of fraud and infringement of citizens' personal information...... The eight typical cases released this time cover almost all forms of cross-border telecommunications network fraud crimes. Through these cases, the author believes that the judiciary needs to make persistent efforts in four aspects to combat and prevent cross-border telecommunications network fraud.

The word "hit" should be the first word, and persist in giving heavy punishments in accordance with the law. In recent years, the derivation and upgrading of cross-border telecommunication network fraud crimes has accelerated, showing some new changes and new characteristics, which are manifested in the transformation from independent fraud gangs to super-large criminal groups, from single fraud crimes to gradually complete industrial chain crimes, and from the use of traditional network technology to commit crimes to the use of high technology to commit fraud crimes. In this type of criminal case, some people illegally cross the border and form criminal groups or criminal gangs to commit telecommunications network fraud against domestic residents. Such criminal groups and criminal gangs are often tightly organized, have clear hierarchies, have a clear division of labor among members, and cooperate with different personnel in each link to complete crimes, seriously endangering the interests of the people. The people's courts persist in "striking hard" and "striking hard", persisting in a two-pronged approach, and strictly cracking down on cross-border telecommunications network fraud and related and derivative crimes in accordance with law. In the case of defendants Zeng XX, Zhong XX, Wang XX, and 67 others, who defrauded, illegally crossed the national (border) border, aided information network criminal activities, covered up and concealed criminal proceeds, and lured others to take drugs, the court not only severely punished the ringleaders, principal offenders, and accomplices who organized and led the criminal group in accordance with law, but also severely cracked down on Ye Mouzhen, Guo Mougen, and other criminals who clearly knew that others were using information networks to commit crimes, but still provided technical support and transfer services for stolen money.

The word "rescue" is the bottom, and we insist on making every effort to recover the stolen goods and recover the losses. The effectiveness of the recovery of stolen goods and losses in cross-border telecommunication network fraud cases is not only a powerful measure to cut off the chain between 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 make restitution, it is necessary not to go it alone in recovering stolen goods and recovering losses, but to strengthen coordination with relevant units at home and abroad to form a joint work force. 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 to collect relevant information on victims, and promote the construction of a database for the investigation of telecommunications network fraud; Online platforms, regulatory departments, and so forth, are to establish mechanisms for coordinated governance, simplifying the case-handling process, compressing coordination links, further increasing the efficiency of recovering stolen goods and recovering losses, squeezing the space for criminals' interests to the greatest extent, and preserving the people's lawful rights and interests.

Focus on the word "hard" to resolutely protect the security of citizens' personal information. In the process of iterative renovation of telecommunications network fraud crimes, related crimes such as infringement of citizens' personal information have emerged, and a black and gray industry chain has gradually formed, seriously infringing on the security of citizens' personal information. In 2017, the Supreme People's Court and the Supreme People's Procuratorate issued the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringement of Citizens' Personal Information" to provide guidance on the application of law in handling such criminal cases, and to protect the security of citizens' personal information and lawful rights and interests. In 2021, the mainland promulgated the Personal Information Protection Law, which contains a special chapter on the rules for the cross-border provision of personal information. In judicial practice, the people's courts have strengthened the crackdown on related crimes such as infringement of citizens' personal information, to preserve the security of citizens' personal information, eradicate the breeding ground for overseas telecommunications network fraud, and prevent the spread of crimes. The case of infringement of citizens' personal information by defendants Pan Mouping and others is a typical case of illegally obtaining and selling citizens' personal information and using the information for overseas telecommunications network fraud. The people's court imposed heavier punishments on three people for the crime of infringing on citizens' personal information in accordance with the law, demonstrating the people's court's clear attitude of "zero tolerance" towards crimes related to telecommunications network fraud.

The word "prevention" is essential, and the intensity of anti-fraud and popularization of law should be intensified. The rule of law engraved in the hearts of the people is the truly unbreakable rule of law. In the face of the temptation of various information provided by foreign criminals, such as "high-paying recruitment" and "overseas recruitment", some people engage in illegal and criminal activities such as fraud abroad through smuggling and other means. Judicial organs should not only severely punish such criminal activities in accordance with law, but also increase the force of efforts to popularize the law against fraud, and help the people subjectively establish a sense of risk in recognizing and preventing fraud through the publication of typical cases online and sending the law offline to villages, communities, schools, and nursing homes, cutting off the criminal path of cross-border telecommunications network fraud at the source, and jointly creating a social environment in which "the whole people prevent fraud and fight against fraud".

There is no end to ensuring and improving people's livelihood, only a continuous new starting point. We must persist in implementing the criminal policy of blending leniency with severity, severely punish telecommunications network fraud and related crimes, increase the force of recovering stolen goods and recovering losses, and at the same time do a good job of judicial recommendations, anti-fraud and anti-fraud publicity, and so forth, and strive to curb the high incidence of telecommunications network fraud.

(Shui Yan, Author's Affiliation: Hunan Provincial High People's Court)

Source: People's Court Daily