Supreme People's Procuratorate: The high incidence of fraud has increased significantly, and more than half of them have been carried out by means of network telecommunications

Nandu News Reporter Liu Yan sent from Beijing The reporter learned from the Supreme People's Procuratorate on October 26 that the current fraud crimes are still common and high-incidence crimes, and the increase is relatively large. From the perspective of criminal means, the proportion of fraud cases using telecommunications networks is relatively high, and more than half of the fraud cases are crimes committed by using network telecommunications means.

Data show that in the first three quarters of this year, the national procuratorial organs accepted more than 620,000 cases of arrest and more than 940,000 people, of which 57,594 cases of fraud and 92,514 people, an increase of 14.72% and 5.25% year-on-year, and fraud cases accounted for 9.2% and 9.84% of the total number of accepted cases. More than 1.2 million cases were accepted for review and prosecution and more than 1.69 million people, of which 63,182 fraud cases were 110152, up 13.24% and 7.16% year-on-year, accounting for 5.26% and 6.51% respectively.

Fraud cases are more difficult to prove and more difficult and complex

Judging from the situation of not arresting and not prosecuting, the rate of no arrest and no prosecution in fraud cases has increased, and the proportion of non-prosecution due to insufficient evidence is relatively high. In the first three quarters of this year, the non-arrest rate of fraud cases was 32.12%, up 6.74 percentage points year-on-year, higher than the average non-arrest rate of 2.54 percentage points; the non-prosecution rate was 10%, up 1.31 percentage points year-on-year. In the first three quarters of this year, the number of statutory non-prosecutions in fraud cases accounted for 5.19%, 2.08 percentage points higher than that of all criminal cases; the proportion of non-prosecutions without insufficient evidence was 29.63%, higher than that of all criminal cases by 19.44 percentage points; and the proportion of relative non-prosecution was 65.18%, which was 21.51 percentage points lower than that of all criminal cases.

Miao Shengming, head of the First Procuratorate of the Supreme People's Procuratorate, said that the proportion of non-prosecution without insufficient evidence is nearly 20 percentage points higher than that of all criminal cases, reflecting the difficulty of proof of fraud cases.

From the perspective of criminal means, the use of telecommunications network fraud cases accounted for a relatively high proportion. In the first three quarters of this year, 43,276 people were prosecuted for fraud using telecommunications networks nationwide, accounting for 52.71 percent of the number of people prosecuting frauds, and more than half of the fraud cases belonged to crimes committed by means of network telecommunications, and many telecommunications network fraudsters also took advantage of the shortage of epidemic prevention supplies during the epidemic period to carry out fraud, such as the "false sale of masks and other epidemic prevention materials fraud" and "love donation fraud" carried out by the network.

Judging from the adjudication situation, the criminal policy of blending leniency with severity has been better reflected. In the first three quarters of this year, 80,923 people were effectively adjudicated in fraud cases, of which 9,060 people were sentenced to more than 10 years in prison and 130 people were sentenced to life imprisonment for major fraud crimes, accounting for 11.36%; for ordinary fraud crimes, a total of 49,920 people were sentenced to fixed-term imprisonment of less than three years, criminal detention, public surveillance, exemption from criminal punishment and single fines, accounting for 61.69%. Judging from the application of the plea leniency system, the application rate of fraud cases is 8 percentage points lower than the overall application rate, which to a certain extent reflects the higher difficulty and complexity of fraud cases.

Criminal organizations have changed from "simple ganging" to "corporatization"

At present, what are the new characteristics and trends of fraud crimes?

Miao Shengming introduced that the current situation of fraud crimes is quite severe, especially the criminal cases of fraud carried out by using the Network are becoming more and more intense, the means of fraud are constantly renovated, and the fields involved are becoming more and more extensive, seriously harming the legitimate rights and interests of the people and endangering social harmony and stability, and has become a relatively prominent social problem.

First, the means of crime are constantly renewed, involving a wide range of aspects, and causing great harm to society. At present, there are many types of fraud crimes, and the characteristics of diversification are obvious. In the case of the high incidence of traditional forms of fraud, new forms and new areas of fraud are constantly renovated, involving content from the national macro policy to the people's food, clothing, housing and transportation, seriously endangering the national economic security and people's livelihood security. Such as defrauding various preferential subsidies of the state, defrauding medical insurance and social security funds, etc.

Second, fraud gangs have the characteristics of specialization, professionalization and corporatization. In the fraud cases handled, nearly seven have become joint crimes, and the form of criminal organization has changed from "simple ganging" to "corporatization", often engaging in a certain fraudulent activity in the form of a company, showing an increasingly strong professional trend.

Third, the means of crime are intelligent, and the difficulty of cracking down on and preventing them has increased. With the development of science and technology, especially the rise of Internet finance, the criminal means of fraud cases have gradually changed from the traditional cash delivery method to the use of Internet banking, payment platform transfer, and online transaction methods. The intelligence and concealment of criminal means increase the cost and difficulty of handling cases.

Fourth, it is easy to give birth to other implicated crimes and form a criminal "industrial chain". Since the implementation and completion of telecommunications network fraud activities require the use of certain conditions, telecommunications network fraud crimes are often intertwined with other crimes, and there are many related crimes. A variety of illegal and criminal situations have formed an upstream and downstream crime of the "industrial chain" with telecommunications network fraud as the core crime, making it more complicated and more difficult to combat crime and investigate and deal with crime.