How to judge overseas telecom fraud?

Sentencing of cross-border telecom fraud: if the amount of fraud is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge, 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, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

Many times, people will ask what is the judgment standard of telecom fraud? In fact, the answer to this question needs to combine all kinds of evidence to determine the final amount of fraud and the circumstances of the crime before the court can make a judgment.

Specific sentencing standards for cross-border telecommunication network fraud;

First, based on the standard of fraud amount.

1, the amount can be found.

The amount of fraud is only one aspect of the conviction and sentencing of telecommunication network fraud, and this amount is determined after the court hearing, not the amount verified by the public security organ.

20 16 to 12 unified the national standard of sentencing amount, and telecommunication network fraud can be sentenced to more than 3,000 yuan. The specific criteria are as follows:

(1) If the amount of telecommunication network fraud is more than 3,000 yuan, the starting point of sentencing can be determined within the range of fixed-term imprisonment of more than three months and less than six months. For every additional 2,000 yuan, the sentence can be increased by one month to two months;

(2) If the amount of telecommunication network fraud reaches 30,000 yuan, or there are other serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of more than three years and less than four years. For every increase of 10000 yuan, the prison term can be increased from six months to one year;

(3) If the amount of telecommunication network fraud reaches 500,000, the starting point of sentencing can be determined within the range of 10 years or more and 12 years or less. For every increase of 50,000 yuan, the sentence can be increased by one year to one year and six months.

2. The amount cannot be found.

The amount of fraud is difficult to verify, but under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted):

(1) Send more than 5,000 fraudulent short messages or make more than 500 fraudulent phone calls;

(2) Publishing fraudulent information on the Internet, with accumulated views of more than 5,000 times.

If it is difficult to collect evidence of the number of phone calls and text messages sent because the criminal suspect or defendant intentionally conceals or destroys the evidence, it can be comprehensively identified according to the verified daily number of phone calls and text messages, combined with the time when the criminal suspect or defendant committed the crime, the confession of the criminal suspect or defendant and other relevant evidence.

Second, according to the plot standard:

Application of common sentencing circumstances

1. For juvenile delinquency, factors such as juvenile's ability to understand the crime, motive and purpose of the crime, age at the time of the crime, first-time offender, repentance, personal growth experience and consistent performance should be comprehensively considered, and lenient punishment should be given.

(1) Minors who have reached the age of 14 and under the age of 16 commit crimes, and the benchmark punishment is reduced by 30% ~ 60%;

(2) Minors who have reached the age of 16 but are under the age of 18 commit crimes, and the benchmark punishment will be reduced by 10% ~ 50%.

2. For the attempted crime, consider the degree of implementation of the crime, the size of the damage caused, the reasons for the failure of the crime, etc. The benchmark punishment can be reduced by less than 50% compared with the accomplished crime.

3. For an accomplice, we should comprehensively consider his position and role in the same crime and whether he commits a criminal act, and punish him leniently, reducing the benchmark punishment by 20% ~ 50%; If the circumstances of the crime are minor, the benchmark punishment shall be reduced by more than 50% or exempted from punishment according to law.

4. For the plot of surrender, considering the motive, time, mode, severity, degree of truthfully confessing the crime and performance of repentance, the benchmark punishment can be reduced by less than 40%; If the circumstances of the crime are minor, the benchmark punishment may be reduced by more than 40% or exempted from punishment according to law. Except for those who maliciously use surrender to evade legal sanctions, it is not enough to be lenient.

5. For the circumstances of meritorious service, comprehensively consider the size, frequency, content, source, influence and severity of the crime, and determine the scope of lenient treatment.

(1) Those who have rendered meritorious service in general may be given a mitigated punishment below 20% of the benchmark punishment;

(2) Those who have made significant contributions can reduce the benchmark punishment by 20% ~ 50%; If the circumstances of the crime are minor, the benchmark punishment shall be reduced by more than 50% or exempted from punishment according to law.

6. For the circumstances of confession, comprehensively consider the stage and degree of truthfully confessing the crime, the severity of the crime and the degree of repentance, and determine the extent of leniency.

(1) Those who truthfully confess their crimes can reduce the benchmark punishment by less than 20%;

(2) The benchmark punishment can be reduced by10% ~ 30% if the judicial organs truthfully confess similar serious crimes;

(3) Those who truthfully confess their crimes and avoid particularly serious consequences can reduce the benchmark punishment by 30% ~ 50%.

7. For those who voluntarily plead guilty in court, according to the nature of the crime, the severity of the crime, the degree of confession and the performance of repentance, the benchmark punishment can be reduced to below 10%. Except those who voluntarily surrender themselves according to law.

8. For the return of stolen goods and compensation, consider the nature of the crime, the extent to which the return of stolen goods and compensation can make up for the damage results, the amount and initiative of returning stolen goods and compensation, etc. The benchmark punishment can be reduced by less than 30%;

9. For those who actively compensate the victims for their economic losses and gain understanding, considering the nature of the crime, the amount of compensation, the compensation ability and the degree of confession and repentance, the benchmark punishment can be reduced by less than 40%; Those who actively compensate but fail to reach an understanding can reduce the benchmark punishment by less than 30%; Although there is no compensation, if an understanding is reached, the benchmark penalty can be reduced by less than 20%.

10. According to Article 277 of the Criminal Procedure Law, if the parties reach a criminal reconciliation agreement, they can reduce the basic punishment by less than 50% by comprehensively considering the nature of the crime, the amount of compensation, apology, sincere repentance and other factors. If the circumstances of the crime are minor, the benchmark punishment may be reduced by more than 50% or exempted from punishment according to law.

1 1. For recidivists, we should comprehensively consider the nature of the crime before and after, the length of time from the completion of punishment or pardon to recidivism, and the severity of the crime before and after, and increase10% to 40% on the basis of the benchmark punishment, generally not less than 3 months.

12. For those who have a criminal record, considering the nature of the criminal record, the length of time interval, the number of times and the severity of punishment, the benchmark punishment can be raised to below 10%. Criminal record crimes are negligent crimes and juvenile crimes.

13. If the target of the crime is minors, the elderly, the disabled, pregnant women and other vulnerable groups, considering the nature and severity of the crime, the benchmark punishment can be increased by less than 20%.

14. For those who commit crimes during disasters such as major natural disasters and the prevention and control of sudden infectious diseases, according to the specific circumstances of the case, the benchmark punishment can be increased by less than 20%.

Three, the implementation of telecommunication network fraud crime, to reach the corresponding amount of standards, one of the following circumstances, as appropriate, a heavier punishment:

1, causing serious consequences such as suicide, death or mental disorder of the victim or his close relatives;

2. Pretending to be the staff of state organs such as judicial organs to commit fraud;

3. Organizing and directing criminal gangs that commit telecommunication network fraud;

4. Implementing telecommunication network fraud overseas;

5. Having received criminal punishment or administrative punishment for telecommunication network fraud within two years;

6. defrauding the property of the disabled, the elderly, minors, students at school, people who have lost their ability to work, or defrauding the property of seriously ill patients and their relatives;

7, defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical care and other funds and materials;

8. Fraud in the name of social welfare and charity such as disaster relief and fundraising;

9, the use of telephone call system and other technical means to seriously interfere with the work of public security organs and other departments;

10, using "phishing website" link, "Trojan horse" program link, network penetration and other hidden technical means to implement fraud.

With the development of the Internet, the means of telecom fraud are gradually diversified, and the means of science and technology are also higher, which increases the difficulty of arrest to some extent. Therefore, once you are suspected of being caught, if you have definite evidence, you will be punished by law. For the judgment criteria of telecom transnational network fraud, different criminal situations have different judgment criteria, which need to be answered in combination with reality.

What are the constitutive elements of fraud?

1, the object of fraud is the ownership of public and private property;

2. The crime of fraud is objectively manifested in the use of fraudulent means (fictional facts or concealing the truth) to defraud a large amount of public and private property;

3. The subject of the crime of fraud is the general subject;

4. The crime of fraud is subjectively intentional.

Legal basis:

Criminal law of the people's Republic of China

Article 266 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.