Will the police investigate the online fraud after calling the police?

Fa Zheng Fa 2065 438+06 32 No.

The Supreme People's Court the Supreme People's Procuratorate Ministry of Public Security

Opinions on several issues concerning the application of law in handling criminal cases such as telecommunication network fraud.

Second, severely punish telecommunication network fraud crimes according to law.

(1) According to Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud, if the amount of public or private property is more than 3,000 yuan, more than 30,000 yuan and more than 500,000 yuan by using telecommunication network technology, it shall be deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law respectively.

Whoever commits telecommunication network fraud for many times within two years without treatment and the accumulated amount of fraud constitutes a crime shall be convicted and punished according to law.

(two) the implementation of telecommunication network fraud crime, reaching the corresponding amount standard, 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 fund-raising;

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

10. Use hidden technical means such as "phishing website" link, "Trojan horse" program link, and network penetration to commit fraud.

(3) If the crime of telecommunication network fraud is committed, and the amount of fraud is close to the standards of "huge amount" and "extremely huge amount", and it falls into one of the circumstances specified in item (2) above, it shall be respectively recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law.

The "close" in the above provisions should generally be above 80% of the corresponding amount standard.

(four) the implementation of telecommunication network fraud, criminal suspects and defendants actually defrauded property, convicted and punished for fraud (accomplished). 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 scam messages or make more than 500 scam calls;

2. Publish fraudulent information on the Internet, with more than 5000 views.

With the above circumstances, the number reaches more than ten times the corresponding standard, which shall be deemed as "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted).

The above-mentioned "making fraudulent phone calls" includes making fraudulent phone calls and answering the victim's call back. If you repeatedly dial and answer the same phone number and send fraudulent information to the same victim, the number of times you dial and answer the phone and the number of times you send short messages shall be calculated cumulatively.