Interpretation of telecom fraud in two high schools and one high school

The interpretation of telecom fraud in two senior high schools and one senior high school provides a clear legal basis and guiding principles for the characterization, sentencing and prevention of telecom fraud.

First, the definition and characteristics of telecom fraud

According to the original explanation of telecom fraud in Senior High School and Senior High School, telecom fraud refers to the act of fabricating facts or concealing the truth for the purpose of illegal possession, and defrauding others of property with a large amount. It is characterized by the use of modern communication technology for remote operation, and the criminal means are hidden and rapid, and the losses caused to the victims are often irreparable.

Second, the common methods of telecom fraud

There are various means of telecom fraud, such as impersonating public security law, banks, telecom operators and other staff to cheat; Fraud in the name of winning prizes, tax rebates, loans, etc. ; And using false investment and wealth management, online shopping and other means to cheat. These methods all take advantage of the victim's psychology of trust or greed for cheap, thus implementing fraud.

Third, the conviction and sentencing of telecom fraud.

According to the explanation of telecom fraud in the former two senior high schools and one senior high school, the conviction and sentencing of telecom fraud crime are mainly based on the amount of fraud, the degree of harm of criminal means, the circumstances of the crime and other factors. Telecom fraud with a huge amount and serious circumstances will be severely punished according to law.

Fourth, prevent and combat telecom fraud.

In order to effectively prevent and combat telecom fraud, we need the joint efforts of all sectors of society. On the one hand, the public needs to raise awareness of prevention, don't trust strangers' phone calls, text messages and emails, and don't disclose personal information and bank account passwords at will; On the other hand, relevant departments need to strengthen supervision and crackdown, establish and improve the early warning mechanism and rapid response mechanism of telecom fraud, and increase the punishment of telecom fraud crimes.

To sum up, the original text provides a clear legal basis and guiding principles for the characterization, sentencing and prevention of telecom fraud. In the practice of cracking down on telecom fraud, it is necessary to convict and sentence according to this interpretation, and at the same time, it is also necessary for all sectors of society to work together to raise public awareness of prevention, strengthen supervision and crackdown, and maintain social harmony and stability.

Legal basis:

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud

Article 2 provides that:

Fraud of public or private property reaches the amount standard stipulated in Article 1 of this Interpretation, and under any of the following circumstances, a heavier punishment may be imposed as appropriate in accordance with the provisions of Article 266 of the Criminal Law:

(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;

(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;

(three) fraud in the name of disaster relief fund-raising;

(four) defrauding the disabled, the elderly or the disabled;

(5) Causing the victim to commit suicide, mental disorder or other serious consequences.

Criminal law of the people's Republic of China

Article 266 stipulates that:

Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.