On October 26, the Supreme People's Procuratorate released a number of typical cases of procuratorial organs prosecuting fraud crimes in accordance with the law. What was the trend of fraud crimes in the first three quarters of this year? What are the new ways in which fraud crimes are emerging? What is the focus of the procuratorate's next efforts to combat and prevent such crimes? Miao Shengming, director of the First Procuratorate of the Supreme People's Procuratorate, responded to these issues.
The first three quarters of this year
Nationwide, 43,276 people were prosecuted for telecommunications network fraud crimes
"Judging from the circumstances of the cases, fraud crimes are still common and high-incidence crimes, and the increase is large." Miao Shengming introduced that in the first three quarters of this year, the national procuratorial organs accepted a total of 625783 cases of arrest and arrest of 940036 people, of which 57,594 cases of fraud were 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 cases accepted. 1202156 cases of acceptance for review and prosecution 1693233 people, of which 63,182 cases of fraud were 110152, an increase of 13.24% and 7.16% year-on-year, accounting for 5.26% and 6.51% respectively.
Miao Shengming mentioned that 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 nationwide for fraud using telecommunications networks, accounting for 52.71% of the number of frauds prosecuted, and more than half of the fraud cases belonged to crimes committed by using network telecommunications means.
Miao Shengming said: Judging from the adjudication situation, the criminal policy of blending leniency with severity has been well 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%.
Nearly 70% of fraud cases are joint crimes
From "simple partnership" to "corporatization"
According to reports, the current situation of fraud crimes is rather grim, especially the criminal cases of fraud carried out by using the Network to become 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 have become a relatively prominent social problem.
"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. Miao Shengming said that in the case of the traditional form of fraud is still high, new forms and new areas of fraud continue to be 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.
Miao Shengming mentioned that the fraud gang has 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.
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.
Miao Shengming said that because 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.
In all aspects of case handling
Take a variety of ways to do a good job in recovering stolen goods and recovering losses
"In the next step, the procuratorial organs will further intensify the work of cracking down on fraud and crimes mainly from three aspects." Miao Shengming introduced: First of all, we should further intensify punishment according to law. Cracking down on fraud crimes will be a key task. Actively carry out special crackdowns in key areas, realize the combination of special clean-up and normalized crackdowns, and strive to achieve outstanding results in special activities, at the same time, pay attention to strengthening daily work to fight early and small.
The Supreme People's Procuratorate will further strengthen investigation and research, promptly summarize experience in handling similar cases, refine evidence standards for similar cases, and issue guidelines and typical cases for cracking down on fraud and crimes in a timely manner, giving play to the guiding role of cases, and unifying judicial standards. Focusing on the key and difficult points of case handling, through the formulation of normative documents, promote the refinement of the standards for the application of law.
Second, improve the working mechanism and form an overall joint force to combat crime. In all aspects of case handling, adopt a variety of methods to do a good job of recovering stolen goods and recovering losses, strive to recover economic losses for victims, and maximize the effectiveness of case handling. Take the initiative to strengthen normal contacts and substantive collaboration with functional departments such as finance, telecommunications, and market supervision, as well as Internet enterprises, supervise the implementation of supervision, monitoring, and reminder of responsibility, take multiple measures at the same time, and strive to promote the formation of a systematic joint force for punishing cybercrime.
Third, combined with the loopholes and weak links in social management found in law enforcement cases, analyze the deep-seated problems behind the cases, make full use of procuratorial suggestions, supervise and urge the investigation and filling of gaps, the establishment of rules and regulations, the realization of "handling one case, one piece of governance", and strive to promote comprehensive social governance and source governance. At the same time, we will further implement the responsibility of popularizing the law, widely publicize the knowledge of preventing telecommunications fraud, explain the law and reason in combination with typical cases, answer questions and solve doubts, and comprehensively enhance the people's awareness of safety precautions through legal popularization.
Red Star News reporter Gao Xin reported from Beijing
Edited by Yixi Chen
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