Disciplinary measures for telecom fraud

Article 266 of the Criminal Law 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 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. The Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud stipulates that if the amount of public or private property is more than 3,000 yuan, more than 30,000 yuan, more than 100,000 yuan and more than 500,000 yuan, it shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.

Legal objectivity:

On April 7th, 20 1 1, the Supreme Court announced 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. According to the explanation, telecom fraud will be severely punished. This judicial interpretation shall come into force on April 8, 20 1 1. Explain the conviction and sentencing standards of fraud, and increase the minimum conviction threshold from 2,000 yuan to 3,000 yuan in combination with China's economic and social development reality and fraud crime situation. According to the explanation, defrauding public and private property with a value of more than 3,000 yuan and 654.38+0,000 yuan belongs to the "large amount" stipulated in the criminal law, while those with a value of more than 30,000 yuan and 654.38+0,000 yuan belong to "huge amount" and those with a value of 500,000 yuan belong to "extremely huge amount". The explanation defines telecom fraud as a situation that can be severely punished as appropriate, and stipulates that five situations should be severely punished as appropriate: sending short messages, making phone calls, or publishing false information through the Internet, radio and television, newspapers and magazines. Fraud against an unspecified majority; Defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials; Fraud in the name of disaster relief fund-raising; Defrauding the disabled, the elderly or the disabled of their property; Causing the victim to commit suicide, mental disorder or other serious consequences. According to the explanation, if the attempted fraud is aimed at a huge amount of property, or there are other serious circumstances, it should be convicted and punished. Using telecommunications technologies such as sending short messages, making phone calls, and the Internet to defraud an unspecified majority of people, and the amount of fraud is difficult to verify. However, if you send more than 5,000 fraudulent text messages or make more than 500 fraudulent phone calls, and the fraudulent means are bad and the circumstances are serious, it should be recognized as "other serious circumstances" as stipulated in the Criminal Law and convicted and punished for fraud (attempted). The Interpretation also stipulates that those who knowingly help others with credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, expense settlement, etc. shall be treated as the same crime. In addition, the explanation also clarifies the circumstances that can be given a lighter punishment. It is stipulated that defrauding close relatives and property that close relatives understand cannot generally be treated as a crime. If criminal responsibility is really to be investigated, the specific treatment should be lenient as appropriate.