Are banks and telecommunications departments responsible for telecommunications fraud?

Detailed analysis of specific issues!

From a criminal legal perspective, in cases of telecommunications financial fraud and theft, the telecommunications operators and banks themselves and the criminal suspects do not have any intention or conspiracy to commit fraud or theft, nor do they actually commit fraud. or theft. Therefore, telecom operators and banks do not constitute telecom financial fraud or theft crimes and do not need to bear criminal liability for this.

However, from a civil legal perspective, telecom operators and banks have a great advantage over individuals who purchase and use their services. They must ensure that the services provided are free of defects and loopholes and have good security and supervision. level rather than assigning this responsibility to disadvantaged individuals.

If a telecom operator actually provides a media platform for fraud and theft, and due to defects in the services it provides such as incoming calls, text message number display and other value-added services, criminal suspects can forge False information, etc. to deceive victims. Therefore, the telecom operator is at major fault, and the victim can claim compensation for civil losses on the grounds of infringement.

If the criminal suspect did not use the loopholes and defects of the bank's own systems or services, but only forged false bank pages, links, etc. to defraud or steal the victim's property, therefore, from a civil legal perspective only, the bank If there is no fault, there is no need to bear corresponding civil liability for compensation.