Workflow
电信网络诈骗犯罪
icon
Search documents
两高司法解释精准打击电信网络诈骗犯罪
Core Viewpoint - The Supreme People's Court and the Supreme People's Procuratorate have jointly issued a legal interpretation aimed at more precisely combating downstream crimes related to telecommunications and online fraud, effective from August 26, 2023 [1]. Group 1: Legal Interpretation Details - The interpretation consists of 12 articles that address the crime of concealing and disguising criminal proceeds, which is closely linked to telecommunications fraud and online gambling [1]. - The crime of concealing and disguising criminal proceeds has seen a shift in its primary associated crime from theft to fraud, particularly telecommunications fraud [1]. - The interpretation emphasizes strict legal standards for determining "knowledge of criminal proceeds," aiming to prevent the over-expansion of criminal liability [1]. Group 2: Criteria for Judging Social Harm - The interpretation outlines that the social harm of the crime should be assessed based on upstream and downstream relationships, subjective malice, methods of conduct, amounts involved, and criminal consequences [2]. - It allows for the prosecution of smaller amounts of concealing and disguising criminal proceeds if they are closely related to upstream crimes and have severe consequences [2]. - Conversely, larger amounts that are loosely connected to upstream crimes may not be prosecuted or may receive leniency [2]. Group 3: Penalty Standards - The interpretation optimizes the standards for aggravated penalties, distinguishing between serious crimes like illegal mining and other offenses, with specific monetary thresholds set at 5 million and 500,000 yuan respectively [2]. - A new provision encourages cooperation with judicial authorities in tracing upstream crimes, allowing for reduced penalties for those who assist in recovering losses [2].
“两高一部”联合发布依法惩治帮信犯罪活动及相关犯罪典型案例
Core Viewpoint - The rise of telecom network fraud and related crimes has led to an increase in associated crimes that support and facilitate these fraudulent activities, with the crime of aiding information network criminal activities (referred to as "aiding crime") being the most prevalent and complex type of crime [1] Group 1: Characteristics of Aiding Crimes - Aiding crimes are increasingly organized and professional, as demonstrated by cases where individuals set up "studios" to illegally provide technical assistance for fraud, such as unblocking internet accounts and fake registrations [2] - New types of aiding crimes exhibit stronger technical and covert characteristics, with cases involving advanced communication technology that supports telecom fraud, highlighting the need for stringent legal action against such crimes [3] - The interconnected nature of new information network crimes has led to a large-scale black and gray industrial chain, necessitating comprehensive legal action against both telecom fraud and its associated crimes [3] Group 2: Legal and Policy Approaches - The approach to combating aiding and related crimes is systematic, focusing on severe punishment for organized and professional criminal activities while also differentiating treatment for less severe offenders, particularly minors and students [4] - The implementation of a lenient policy for certain offenders, such as students involved in aiding crimes, emphasizes education and rehabilitation, with legal actions taken to prevent recidivism [4] - Future efforts by the judiciary and law enforcement will focus on intensifying the crackdown on aiding crimes and enhancing comprehensive governance to ensure network security and public safety [4]