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出售出租银行卡电话卡?当心掉进帮信罪的坑
Xin Hua She· 2025-07-29 13:42
Core Viewpoint - The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security have issued opinions on handling criminal cases related to aiding information network crimes, emphasizing the need for public awareness to avoid falling into the trap of aiding crimes [1][2]. Group 1: Characteristics of Aiding Crimes - Aiding information network crime (referred to as "aiding crime") has been a newly added crime since the implementation of the Criminal Law Amendment (Nine) in November 2015 [2]. - The current defendants in aiding crimes exhibit characteristics of being younger, less educated, and lower income, with over 80% of defendants under 35 years old and one-third under 25 years old, particularly involving minors and students [2][3]. - Criminal groups are increasingly recruiting individuals from vulnerable groups, including minors and students, to assist in criminal activities [2]. Group 2: Legal Treatment and Sentencing - The opinions stress a balanced approach to sentencing, advocating for leniency towards minors, students, and those at the end of the criminal chain with lighter circumstances, while ensuring that leniency does not equate to impunity [3][4]. - In a case involving a student who knowingly assisted in criminal activities, the individual received an eight-month prison sentence with a one-year probation, while others involved were either not prosecuted or received conditional non-prosecution [3]. Group 3: Strict Punishment for Serious Offenders - The opinions outline strict penalties for organized, professional, and cross-border aiding crimes, as well as for key figures such as organizers and planners [4][5]. - Specific circumstances warranting severe punishment include providing illegal technical support across borders and using advanced technologies for criminal activities [4]. Group 4: Comprehensive Governance and Prevention - The opinions highlight the increasing difficulty in combating aiding crimes, with a notable rise in cases involving "two cards" (bank cards and phone cards) and a trend towards professionalization and cross-border operations [5][6]. - The recognition of whether an individual "knew" about the criminal activities and whether the circumstances were "serious" is crucial for determining guilt in aiding crimes [6][7]. - The opinions emphasize the need for a comprehensive governance strategy, addressing both the symptoms and root causes of aiding crimes, and implementing systemic measures to prevent future occurrences [8][9].
坚持惩治与预防相结合依法打击帮信犯罪
Core Viewpoint - The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security have issued opinions on handling criminal cases related to aiding information network crimes, emphasizing the importance of both punishment and prevention in combating telecom and internet fraud [1][2]. Group 1 - The opinions clarify the criteria for determining whether an individual is "aware that others are using the information network to commit crimes" and whether they are "providing assistance for others to commit crimes" [2]. - The opinions specify that the threshold for "serious circumstances" in aiding crimes involving "two cards" must be assessed based on the amount of criminal funds involved, rather than solely on the individual's actions [2]. - The standard for "serious circumstances" has been adjusted to include the sale or rental of three bank accounts or payment accounts, rather than just one, to tighten the legal framework [2]. Group 2 - The Supreme People's Court will collaborate with public security and procuratorial agencies to implement the opinions effectively, enhancing inter-departmental cooperation [3]. - The court will issue judicial recommendations when systemic risks are identified in financial, telecommunications, and internet sectors, aiming to prevent issues before they escalate [3]. - The approach will shift from reactive measures to a balanced strategy of prevention, control, and punishment to comprehensively address aiding crimes [3].
帮信罪低龄化问题突出 最高法:对未成年人、在校生可依法从宽
Core Viewpoint - The rise of information network crimes, particularly "helping information network crime" (referred to as "帮信罪"), has become a significant issue, with a notable increase in cases involving young offenders, prompting legal reforms to address these challenges [1][2]. Group 1: Legal Reforms and Guidelines - The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued guidelines to clarify the subjective knowledge standards for "帮信罪" and emphasize a balanced approach to punishment, particularly for minors and students [1][2]. - The new guidelines consolidate previous regulations and clarify the standards for determining the severity of "帮信罪," especially concerning cases involving "two cards" (phone and bank cards), which constitute about 80% of all such crimes [2][3]. Group 2: Crime Trends and Characteristics - The crime patterns related to "two cards" have evolved, with organized crime groups becoming more sophisticated, leading to a significant number of illegal card operations being dismantled [4]. - The demographic profile of offenders shows a concerning trend, with over 80% of defendants being under 35 years old and one-third being under 25, indicating a low age, low education, and low income among offenders [5][6]. Group 3: Enforcement and Accountability - The guidelines emphasize the need for strict accountability for industry insiders who facilitate these crimes, with specific measures for professional bans for those convicted of "帮信罪" [4][5]. - The judicial approach aims to differentiate between the roles of offenders, advocating for harsher penalties for organizers and planners while considering leniency for minors and less culpable participants [5][6].
专访最高法刑三庭庭长陈鸿翔:加强AI深度伪造等研究,适时出台规范性法律文件
21世纪经济报道· 2025-03-07 10:35
Core Viewpoint - The rapid advancement of AI technology, while expanding creative possibilities, has also facilitated the rise of sophisticated scams, necessitating enhanced regulatory measures and legal frameworks to combat these emerging threats [1][4][5]. Group 1: Trends in Cybercrime - The number of telecom network fraud cases has been increasing, with over 40,000 cases and more than 82,000 defendants adjudicated in 2024, marking a year-on-year increase of 29.4% and 26.7% respectively [4]. - Cybercriminal organizations are becoming more organized, large-scale, and group-oriented, with some operating as major criminal syndicates that effectively deceive victims [4][5]. - The trend of younger individuals, including students, becoming involved in cybercrime is notable, with a significant rise in cases related to telecom fraud and assistance in cybercrime activities [13]. Group 2: Challenges in Judicial Response - The use of AI technologies in scams presents significant challenges for law enforcement, including difficulties in evidence collection and case processing due to the sophisticated nature of these crimes [5][6]. - There is a pressing need for legal frameworks to evolve in response to the rapid development of technology, as existing regulations are often outdated and insufficient [5][6]. - The need for enhanced public awareness and prevention strategies is critical, especially as scammers increasingly target vulnerable populations [5][6]. Group 3: Regulatory and Legal Measures - The Supreme Court plans to strengthen legal support by developing timely regulatory documents to ensure accurate identification and comprehensive punishment of telecom fraud crimes [6][8]. - A focus on improving legal literacy and public awareness campaigns is essential to empower citizens to recognize and avoid scams [6][7]. - The establishment of a robust tracking and tracing system for deepfake technology is necessary to prevent misuse and facilitate accountability [10]. Group 4: International Cooperation - There is an emphasis on enhancing international cooperation to combat cross-border telecom fraud, including the establishment of information-sharing mechanisms and joint law enforcement actions [7][8]. - The development of advanced anti-fraud technologies and platforms is crucial for improving detection and prevention capabilities against international fraud networks [7].