In order to further severely punish the crime of telecommunications network fraud in accordance with the law, and carry out a full-chain and all-round crackdown on its upstream and downstream related crimes, in accordance with the provisions of the "Criminal Law of the People's R

In order to further severely punish telecommunications network fraud crimes in accordance with the law, and carry out a full chain and all-round crackdown on upstream and downstream related crimes, in accordance with the " Criminal Law of the People's Republic of China ", " Criminal Procedure Law of the People's Republic of China " and other laws and relevant The provisions of judicial interpretations are formulated in response to new outstanding issues that arise in judicial practice and in combination with the actual work.

1. The place where telecommunications and network fraud is committed includes, in addition to the places where criminal acts occur and where the results occur as stipulated in the "Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Telecommunications and Network Fraud and Other Criminal Cases", it also includes :

(1) The place of issuance, sale, transfer and hiding place of mobile phone cards, traffic cards and Internet of Things cards used in criminal activities;

(2) The place of issuance, sale and transfer of credit cards used in criminal activities The place, place of hiding, place of use and the place where funds are delivered and remitted by counterparties;

(3) The place where bank accounts and non-bank payment accounts used for criminal activities are opened, sold and used, as well as the places where funds are delivered and remitted by counterparties. Place of remittance;

(4) The sending, receiving and arriving place of instant messaging information and advertising promotion information used for criminal activities;

(5) "Modem Pool" and GOIP equipment used for criminal activities , Dokabao and other hardware equipment’s sales place, Internet access place, and hiding place;

(6) The sales place and login place of Internet accounts used for criminal activities.

2. Providing criminal tools, technical support and other assistance for telecommunications and network fraud crimes, and disguising and concealing criminal proceeds and the proceeds generated therefrom, thereby forming a multi-level criminal chain, or using the same website, communication group, capital account, and committing crimes If a den commits telecommunications network fraud crime, it should be determined that the crimes committed by multiple criminal suspects and defendants are related, and the people's court, people's procuratorate, and public security organs can handle the cases together within the scope of their duties.

3. There is evidence proving that the perpetrator joined an overseas fraud criminal group or criminal gang and committed telecommunications and network fraud crimes overseas against domestic residents. The amount of fraud is difficult to verify, but the cumulative time spent abroad in overseas fraud criminal dens within one year is more than 30 days or more. Anyone who leaves the country for the first time to go to overseas fraud crime dens shall be deemed as "other serious circumstances" stipulated in Article 266 of the Criminal Law of the People's Republic of China, and criminal liability shall be investigated for the crime of fraud in accordance with the law. Exceptions will be made if there is evidence proving that they are leaving the country to engage in legitimate activities.

4. Holding other people’s corporate settlement cards without legitimate reasons falls under the category of “illegal holding of other people’s credit cards” as stipulated in Article 177-1, Item (2) of the Criminal Law.

5. Illegal acquisition, sale, and provision of Internet account passwords and personal biometric information with functions such as information release, instant messaging, payment and settlement, etc., in compliance with the provisions of Article 253-1 of the Criminal Law, infringement of citizens' personal information with Crime is subject to criminal responsibility.

directly determines the number of the aforementioned Internet account passwords and personal biometric information in batches based on the seized quantity, unless there is evidence to prove that the information is untrue or duplicated.

6. When registering for mobile phone cards, credit cards, bank accounts, and non-bank payment accounts online, in order to pass online authentication, using other people’s identity document information and replacing other people’s identity document photos is an act of forging identity documents and complies with Article 28 of the Criminal Law. According to the third paragraph of Article 10, criminal liability shall be investigated for the crime of forging identity documents.

Anyone who uses forged or altered identity documents or steals other people’s identity documents to apply for mobile phone cards, credit cards, bank accounts, or non-bank payment accounts is in compliance with the provisions of Article 280-1, Paragraph 1 of the Criminal Law, and shall use false identity documents, Criminal liability will be pursued for the crime of identity theft. If

commits the above two acts and constitutes other crimes at the same time, he will be convicted and punished in accordance with the provisions of heavier penalties. Except as otherwise provided by laws and judicial interpretations.

7. Carrying out the following acts for others to use information networks to commit crimes can be deemed as "helping" acts as stipulated in Article 287-2 of the Criminal Law:

(1) Acquisition, sale, lease of credit cards, bank accounts, non-profit Bank payment accounts, Internet account passwords with payment and settlement functions, network payment interfaces, online banking digital certificates ;

(2) Acquiring, selling, and leasing other people's mobile phone cards, data cards, and Internet of Things cards.

8. If the perpetrator specified in Article 287-2 of the Criminal Law knowingly knows that others are using information networks to commit crimes, the perpetrator shall acquire, sell, or lease the credit cards, bank accounts, and non-bank payment accounts specified in Article 7 above. , Internet account passwords with payment and settlement functions, online payment interfaces, online banking digital certificates, or the number, number, and number of other people’s mobile phone cards, traffic cards, Internet of Things cards, etc., combined with the cognitive ability and past history of the perpetrator Subjective and objective factors such as experience, transaction objects, relationship with the perpetrators of information network crimes, the time and method of providing technical support or help, profit situation, and the perpetrator's confession shall be comprehensively identified.

acquires, sells, and rents corporate bank settlement accounts and non-bank payment institution corporate payment accounts, or employees in telecommunications, banking, online payment and other industries use it to perform their duties or provide service convenience, illegally open and sell or lease other people's mobile phone cards, credit cards, Bank accounts, non-bank payment accounts, etc., can be identified as Article 11 (7) of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Illegal Use of Information Networks and Assisting Information Network Criminal Activities" ) "Other circumstances that are sufficient to establish that the perpetrator was aware of the crime." Except where there is evidence to the contrary.

9. Anyone who knowingly knows that others are using information networks to commit crimes and provides one of the following assistance for their crimes may be deemed as "Several Laws Applicable by the Supreme People's Court and the Supreme People's Procuratorate on Handling Criminal Cases of Illegal Use of Information Networks and Assisting Information Network Criminal Activities" "Other serious circumstances" stipulated in Article 12, Paragraph 1, Item (7) of "Interpretation of Issues":

(1) Acquisition, sale, rental of credit cards, bank accounts, non-bank payment accounts, and payment and settlement functions More than 5 (pieces) of Internet account passwords, online payment interfaces, and online banking digital certificates;

(2) Acquisition, sale, and rental of more than 20 other people's mobile phone cards, data cards, and Internet of Things cards.

10. Dealers of e-commerce platform prepaid cards, virtual currency , mobile phone recharge cards, game point cards, game equipment, etc. were clearly informed that their transaction partners were suspected of telecommunications network fraud during the investigation of the case by the public security organs, and they still continued to cooperate with them. If the transaction continues to comply with the provisions of Article 287-2 of the Criminal Law, criminal liability will be investigated for the crime of assisting information network criminal activities. If it constitutes other crimes at the same time, he shall be convicted and punished in accordance with the provisions on heavier penalties.

11. Knowingly knowing that the proceeds from the crime of telecommunications and network fraud and the proceeds generated therefrom are transferred, cashed out, or withdrawn in one of the following ways, in compliance with the provisions of Paragraph 1 of Article 312 of the Criminal Law, in order to cover up or conceal the proceeds of crime , criminal liability for the crime of proceeds of crime. Except where there is evidence to prove ignorance.

(1) Use multiple collection codes, online payment interfaces, etc. that are not created with personal identity certificates to help others transfer, cash out, or withdraw cash;

(2) Use e-commerce at a price that is significantly different from the market Platform prepaid cards, virtual currency, mobile phone recharge cards, game point cards, game equipment, etc. are used to convert assets and cash out;

(3) assist in converting or transferring assets and charge "handling fees" that are significantly higher than the market. If

commits the above acts and conspires beforehand, he will be punished as a joint crime; if it constitutes other crimes at the same time, he will be convicted and punished in accordance with the provisions of heavier punishment. Except as otherwise provided by laws and judicial interpretations.

12. Providing technical support, advertising promotion, payment and settlement and other assistance for others to commit telecommunications network fraud crimes, or harboring, transferring, acquiring, selling on behalf of others, or using other methods to cover up or conceal the proceeds of telecommunications network fraud crimes and the proceeds generated therefrom, The criminal act of fraud can be confirmed, but the perpetrator of the fraud has not yet been brought to the case. The criminal liability of the above-mentioned criminal suspects and defendants who have been brought to the case can be investigated in accordance with the law.

13. The public security organ at the place where the case is handled can use the public security organ’s information system to retrieve the criminal case registration form, case filing decision , victim’s statement and other evidence materials produced and collected by the public security organ in another place in accordance with the law. There should be no less than two investigators during the retrieval, and the time of retrieval, name of the information system used and other relevant information should be recorded, signed by the retrieval person and stamped with the seal of the public security agency where the case is handled. Those verified to be true upon review can be used as evidence.

24. If the overseas evidence materials collected through international (regional) police cooperation or handed over by overseas police are indeed restricted by objective conditions and the overseas police fail to provide information on the discovery, collection, storage, and transfer of relevant evidence, the public security organs will A written description of the source, transfer process, type, quantity, characteristics, etc. of the above-mentioned evidence materials shall be made, signed by two or more investigators and stamped with the seal of the public security organ. If the facts of the case can be proven upon review, they can be used as evidence.

15. If a telecommunications and network fraud suspect captured and detained by an overseas judicial authority is tried within the country, the overseas detention period can be converted into a sentence.

16. When handling criminal cases of telecommunications and network fraud, the criminal policy of combining leniency with severity should be fully implemented. In the process of investigation, review of prosecution, and trial, evidence should be comprehensively collected, the hierarchical status and role of the criminal suspects and defendants in the joint crime should be accurately identified, and their guilty plea attitudes and repentance should be combined to treat them differently, use both leniency and severity, and scientifically Sentencing to ensure that the punishment is worthy of the crime.

Those who use telecommunications and network fraud criminal groups, organizers, planners, commanders and key elements of criminal gangs, as well as those who use minors, school students, the elderly and disabled people to commit telecommunications and network fraud, will be severely punished in accordance with the law.

For telecommunications network fraud criminal groups and associates of criminal gangs, especially those who have participated for a relatively short time, the amount of fraud is relatively low, or are engaged in auxiliary work and receive a small amount of remuneration, as well as first-time offenders, occasional offenders, minors, and students in school Students, etc., should comprehensively consider their status and role in joint crimes, degree of social harm, subjective malignancy, personal danger, confession and repentance, and other circumstances, and may be given a lighter or reduced punishment in accordance with the law. If the crime is minor, prosecution may not be prosecuted or criminal punishment may be waived in accordance with the law; if the crime is obviously minor and the harm is not serious, the crime shall not be punished.

17. The seized funds in the account involved in the case shall be returned to the victim first. If the funds are insufficient to be returned in full, they shall be returned in proportion.

Supreme People's Court

Supreme People's Procuratorate

Ministry of Public Security

June 17, 2021