What should we do if ordinary employees are also criminally detained for corporate telecommunications fraud?

Company telecommunications fraud, if ordinary employees are criminally detained, it means that they have also participated in fraudulent criminal activities. It is recommended to explain the crime facts as soon as possible and compensate the defrauded victims, and the punishment can be appropriately reduced.

Anyone who defrauds public or private property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined. If the circumstances are serious, the offender 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 circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, property confiscation or a fine.

Telecom fraud is a case of severe punishment. It is recommended to plead guilty as soon as possible, return the stolen goods and compensate, and reduce the punishment.

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

Article 3: Although the fraud of public or private property has reached the "large amount" specified in Article 1 of this Interpretation standards, but under one of the following circumstances, and the perpetrator pleads guilty and repentes, he may not be prosecuted or be exempted from criminal punishment in accordance with the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law:

(1) There are statutory lenient punishment circumstances;

(2) All stolen goods and compensation are returned before the judgment of the first instance is pronounced;

(3) Not participating in dividing the stolen goods or receiving compensation The stolen goods are relatively small and the crime is not the main culprit;

(4) The victim understands;

(5) Other circumstances are minor and the harm is not great.

Extended information:

"Criminal Law of the People's Republic of China"

Article 266: Whoever defrauds public or private property, if the amount is relatively large, The person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely 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 and not more than ten years, and shall also be fined; p>

If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.

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

Article 2: Fraud of public or private property reaches the amount standard stipulated in Article 1 of this Interpretation and falls under the following circumstances: 1, may be severely punished as appropriate in accordance with the provisions of Article 266 of the Criminal Law:

(1) Publishing false information by sending text messages, making phone calls, or using the Internet, radio and television, newspapers, magazines, etc., Defrauding an unspecified majority of people;

(2) Defrauding funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical care;

(3) Using Committing fraud in the name of raising funds for disaster relief; (4) defrauding the disabled, elderly or people who have lost the ability to work out of their property; (5) causing the victim to commit suicide, mental disorder or other serious consequences.

If the amount of fraud is close to the standards of "huge amount" or "particularly huge amount" stipulated in Article 1 of this Interpretation, and falls under one of the circumstances specified in the preceding paragraph or is the leading member of a fraud group, it shall be determined separately. It is "other serious circumstances" and "other particularly serious circumstances" stipulated in Article 266 of the Criminal Law.

Reference materials: Baidu Encyclopedia - Explanation of several issues regarding the specific application of laws in handling criminal cases of fraud

Reference materials: Party and government agencies-Criminal Law of the People's Republic of China and the People's Republic of China