In recent years, telecom fraud cases have been out of a high incidence, every day on the telecom fraud news always appear in the network, in these fraud methods, foreign exchange black platform fraud, due to its large amount, widely involved, the incidence rate is the first, every day in the eyes of the foreign exchange day there are new black platforms have been exposed.

In order to combat telecommunications fraud, on June 22, 2021, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security officially published the Opinions on Several Issues concerning the Application of Law in Handling Criminal Cases such as Telecommunications Network Fraud (II). Li Ruiyi, Vice President of the Third Criminal Court of the Supreme People's Court, Liu Taizong, Deputy Director of the Fourth Procuratorate of the Supreme People's Procuratorate, Jiang Guoli, Deputy Director of the Criminal Investigation Bureau of the Ministry of Public Security, attended the press conference and introduced relevant information and answered questions from reporters. Wang Bin, Deputy Director of the Information Bureau of the Supreme People's Court, presided over the press conference.

The release of the weighty document further standardized the handling of criminal cases such as telecom network fraud.

It's easier to take evidence across borders

When dealing with transnational cases, the judiciary requires rigorous examination of the evidence of crimes committed abroad, and has requirements on the integrity of the evidence chain, complete procedures, and the transfer of goods. However, in the actual handling of cases, due to the protection of the local government, our judicial organs often encounter the problem of poor cooperation of foreign judicial organs, and even encounter the situation of high fees demanded by foreign judicial personnel.

This document has been adapted to make it clear that "overseas evidence materials collected through international (regional) police cooperation or handed over by overseas police, due to objective conditions, overseas police have not provided the discovery, collection, storage, transfer of relevant evidence and other materials, The public security organ shall make a written explanation of the source, transfer process, type, quantity, and characteristics of the above-mentioned evidentiary materials, which shall be signed by two or more investigators and stamped with the seal of the public security organ." This is a strictly limited "statement of circumstances" to solve the legitimacy of foreign evidence thinking.

At present, if foreign judicial personnel do not cooperate with the situation, as long as the written explanation can be used as effective evidence, the relevant personnel will be severely punished.

Explain the cover clause further

Because of the wide range of charges involved in telecom fraud, so in order to stop the criminal behavior escape from the criminal net, "backstop clause" came into being. However, the earlier "other circumstances" interpretation of the "backstop clause" was not clear enough, and the application effect was not good. According to the investigation, from 2018 to now, there are 0 cases of illegal use of information network crimes, and only 70 cases of helping information network criminal activities, accounting for 0% and 1.5% respectively.

So the document goes further on both counts. It stipulates that "the acquisition, sale and rental of unit bank settlement accounts and non-bank payment institution unit payment accounts" and "the use of employees in industries such as telecommunications, banking and network payment to perform their duties or provide services is convenient." Illegal operation and sale, rental of other people's mobile phone cards, credit cards, bank accounts, non-bank payment accounts, etc., belong to the relevant judicial interpretation of the provisions of "other sufficient to identify the perpetrators of the situation".

Continued "comprehensive recognition"

In telecommunications fraud, because such cases occur on the Internet, criminals are easy to destroy evidence, police evidence is difficult, judicial judgment is also difficult, so the document provisions allow comprehensive identification.

The so-called comprehensive determination is to judge the wrongdoers by combining all the evidence.

In the application of telecom fraud cases, the document stipulates that "the number, number and number of purchases, sales and rentals of credit cards, bank accounts, non-bank payment accounts, Internet account passwords with payment and settlement functions, network payment interfaces, online banking digital certificates, or other people's mobile phone cards, traffic cards, Internet of things cards, etc., shall be based on the perpetrator." And combined with the perpetrator's cognitive ability, past experience, transaction object, the relationship with the perpetrator of information network crime, the time and way of providing technical support or help, the profit situation and the perpetrator's confession and other subjective and objective factors, to be comprehensively identified."

Sum up

In addition to the above provisions, there are lenient policies for college student fraud, sentencing opinions for lawbreakers and other provisions to optimize case handling procedures. All in all, the document makes it more convenient for the police to handle cases, the sentencing of crooks is more reasonable, and it is believed that there will be fewer black platforms under this new regulation, but it is still necessary to remind investors that any investment platform investors need to strictly review the qualifications of traders.