According to the provisions of the Anti-Telecommunication Network Fraud Law, persons who should engage in telecommunication network fraud activities and have been criminally punished.

Article 33 The State promotes the construction of network identity authentication services and supports individuals and enterprises to use them voluntarily. Telecom operators, banking financial institutions, non-bank payment institutions and Internet service providers can re-verify the identity of users through the national online identity authentication service.

Article 34 Public security organs shall organize banking financial institutions, non-bank payment institutions, telecom operators and Internet service providers. Establish an early warning and dissuasion system in conjunction with the departments of finance, telecommunications, and online information, and take corresponding dissuasion measures in time for potential victims found in early warning. For telecommunication network fraud cases, it is necessary to strengthen the recovery of losses, improve the fund disposal system involved, and return the legitimate property of the victims in time. If the victims who have suffered great difficulties in life meet the relevant national conditions for assistance, the relevant parties shall give assistance in accordance with the regulations.

Article 35 Upon the decision or approval of the anti-telecommunication network fraud agency in the State Council, public security, finance, telecommunications and other departments may, in accordance with relevant state regulations, take necessary temporary risk prevention measures in specific areas where telecommunication network fraud is serious.

Article 36 If a person who goes to an area with serious telecommunication network fraud is seriously suspected of telecommunication network fraud when leaving the country, the entry-exit administration organ may decide not to allow him to leave the country.

For those who have received criminal punishment for engaging in telecommunication network fraud activities, the public security organs at or above the municipal level may, according to the crime situation and the need to prevent recidivism, decide not to leave the country within six months to three years from the date when the punishment is completed, and notify the entry-exit management agencies to implement it.

Article 37 The public security department of the State Council shall, together with the foreign affairs department, strengthen international law enforcement and judicial cooperation, establish effective cooperation mechanisms with relevant countries, regions and international organizations, and improve the cooperation level in information exchange, investigation and evidence collection, investigation and arrest, pursuit and recovery through international police cooperation, so as to effectively combat and curb cross-border telecommunication network fraud activities.

Chapter VI Legal Liability

Thirty-eighth organizations, planning, implementation, participation or assistance in telecommunication network fraud activities, which constitutes a crime, shall be investigated for criminal responsibility according to law.

If the act mentioned in the preceding paragraph does not constitute a crime, the public security organ shall detain it for more than ten days and less than fifteen days; If the illegal income is confiscated, a fine of not less than one time but not more than ten times the illegal income shall be imposed. If there is no illegal income or the illegal income is less than 1 10,000 yuan, a fine of less than110,000 yuan shall be imposed.

Thirty-ninth telecom operators in violation of the provisions of this law, one of the following circumstances, the relevant competent departments shall be ordered to correct; If the circumstances are minor, give a warning, informed criticism, or impose a fine of 50,000 yuan to 500,000 yuan; If the circumstances are serious, a fine of not less than 500,000 yuan but not more than 5 million yuan may be imposed, and the relevant competent department shall order it to suspend business, suspend business for rectification, revoke the relevant business license or revoke its business license, and impose a fine of not less than 10,000 yuan but not more than 200,000 yuan on the directly responsible person in charge and other directly responsible personnel:

(1) Failing to implement the internal control mechanism against telecommunication network fraud determined by the relevant provisions of the state;

(2) Failing to perform the registration duties of calling cards and Internet of Things cards in real-name registration system;

(3) Failing to perform the monitoring, identification, early warning and related disposal duties of telephone cards and Internet of Things cards;

(4) Failing to assess the risk of users of the Internet of Things card, or failing to restrict the opening function, usage scenarios and applicable equipment of the Internet of Things card;

(5) Failing to take measures to monitor and dispose of the number-changed telephones, false callers or illegal devices with corresponding functions.

Article 40 Banking financial institutions and non-bank payment institutions that violate the provisions of this Law shall be ordered by the relevant competent authorities to make corrections under any of the following circumstances: If the circumstances are minor, give a warning, informed criticism, or a fine of 50,000 yuan to 500,000 yuan; If the circumstances are serious, a fine of not less than 500,000 yuan but not more than 5 million yuan may be imposed, and the relevant competent department shall order it to stop new business, reduce the type or scope of business, suspend related business, suspend business for rectification, revoke its business license or revoke its business license, and impose a fine of not less than 10,000 yuan but not more than 200,000 yuan on the persons who are directly responsible:

(1) Failing to implement the internal control mechanism against telecommunication network fraud determined by the relevant provisions of the state;

(2) Failure to perform due diligence obligations and relevant risk management measures.

(3) Failing to fulfill the obligations of risk monitoring and related disposal of abnormal accounts and suspicious transactions;

(4) Failing to transmit the relevant transaction information completely and accurately as required.

Article 41. Telecommunication business operators and Internet service providers who violate the provisions of this Law shall be ordered by the relevant competent authorities to make corrections under any of the following circumstances. If the circumstances are minor, give a warning, informed criticism, or impose a fine of 50,000 yuan to 500,000 yuan. If the circumstances are serious, a fine of not less than 500,000 yuan but not more than 5 million yuan may be imposed, and the relevant competent department shall order it to suspend the relevant business, suspend business for rectification, close the website or application, revoke the relevant business license or revoke its business license, and impose a fine of not less than 1 10,000 yuan but not more than 200,000 yuan on the directly responsible person in charge and other directly responsible personnel:

(1) Failing to implement the internal control mechanism against telecommunication network fraud determined by the relevant provisions of the state;

(2) Failing to perform the duties of real-name registration system network service, or failing to verify the registered Internet account of the telephone card involved or committing fraud;

(3) Failing to verify the authenticity and accuracy of domain name registration, resolution information and Internet protocol address, standardize domain name jumping, or record and save the log information of providing corresponding services in accordance with relevant state regulations;

(4) Failing to register and verify the real identity information of the mobile Internet application developer or operator, or failing to verify the function and use of the application, and providing application packages and distribution services for it;

(5) Failing to perform the obligation of monitoring, identifying and disposing fraudulent Internet accounts and applications, as well as fraudulent information and activities of other telecommunication networks;

(6) Refusing to provide technical support and assistance to investigate and deal with telecommunication network fraud crimes according to law, or failing to hand over relevant illegal and criminal clues and risk information in accordance with regulations.

Article 42 Anyone who violates the provisions of Article 14, paragraph 1, and Article 25 of this Law shall have his illegal income confiscated by the public security organ or the relevant competent department, and be fined between one and ten times the illegal income; If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of less than 500,000 yuan shall be imposed; If the circumstances are serious, the public security organ shall impose a detention of not more than fifteen days.

Article 43 Anyone who violates the provisions of the second paragraph of Article 25 of this Law shall be ordered by the relevant competent department to make corrections. If the circumstances are minor, give a warning, informed criticism, or impose a fine of 50,000 yuan to 500,000 yuan; If the circumstances are serious, a fine of more than 500,000 yuan and less than 5 million yuan may be imposed, and the relevant competent department shall order it to suspend related business, suspend business for rectification, close the website or application, and impose a fine of more than 1 10,000 yuan and less than 200,000 yuan on the directly responsible person in charge and other directly responsible personnel.

Article 44 Whoever violates the provisions of the first paragraph of Article 31 of this Law shall have his illegal income confiscated, and the public security organ shall impose a fine of not less than one time but not more than ten times his illegal income; There is no illegal income or the illegal income is less than 20 thousand yuan, and a fine of 200 thousand yuan is imposed; If the circumstances are serious, they shall be detained for not more than fifteen days.

Article 45 If the staff of relevant departments and units abuse their powers, neglect their duties, engage in malpractices for selfish ends or commit other acts in violation of the provisions of this Law, which constitutes a crime, they shall be investigated for criminal responsibility according to law.

Article 46 If an illegal criminal who organizes, plans, implements, participates in or provides relevant assistance to telecommunication network fraud activities causes damage to others, he shall bear civil liability in accordance with the General Principles of the Civil Law of People's Republic of China (PRC) and other laws, in addition to being investigated for criminal responsibility and administrative responsibility according to law.

Telecom operators, banking financial institutions, non-bank payment institutions and Internet service providers who violate the provisions of this Law and cause damage to others shall bear civil liability in accordance with the General Principles of the Civil Law of People's Republic of China (PRC) and other laws.

Article 47 The people's procuratorate may bring a public interest lawsuit to the people's court in accordance with the law against acts that infringe upon the national interests and social public interests.

Article 48 If a relevant unit or individual refuses to accept the administrative penalty decision or administrative compulsory measures made in accordance with this Law, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Chapter VII Supplementary Provisions

Article 49 The relevant management and responsibility system involved in the anti-telecommunication network fraud shall be governed by the provisions of the Network Security Law of the People's Republic of China, the Personal Information Protection Law of People's Republic of China (PRC), the Anti-money Laundering Law of People's Republic of China (PRC) and other relevant laws and regulations.

Article 50 This Law shall come into force as of February 6, 2022. (End)