Can I turn myself in if I borrow money?

Recently, the Yucai Police Station of Tianya Branch of Sanya Public Security Bureau cracked a case of "Fuxin".

On May 22nd, the police station got a clue at work: a fraud suspect Huang appeared in qiongshan district, Haikou.

At about 0/4 o'clock on May 23rd, under the pressure of the police, Huang Moufan, a 23-year-old woman, surrendered herself.

At present, Tianya Branch of Sanya Public Security Bureau has taken criminal compulsory measures against Huang Moufan according to law, and the case is being further processed.

According to the investigation, on June 5438+ 10 this year, when Huang Moufan was playing in a bar in Haikou, a strange woman took the initiative to buy her bank card from Huang Moufan on the grounds that she could get a 300 yuan bonus for every transfer of her bank card of 65438+ 10,000 yuan.

Due to lack of money, Huang Xin-dong promised the woman to sell her the bank card handled by a bank in Tianya District, Sanya, and made a profit 100 10 yuan.

What Huang doesn't know, however, is that the reason why he is suspected of helping information network criminal activities is the so-called "running away" behavior, that is, using his own payment account to help others collect money and transfer money to get commissions, which is also called "helping the letter".

During this period, Huang used bank cards for telecommunication network fraud, involving more than 3.8 million yuan. At present, Tianya Branch has taken criminal compulsory measures against Huang Moufan according to law, and the case is being further processed.

one

20 15 added the crime of "credulity"

Last year, it increased by 2 1 times.

It has become the "first crime" of telecommunication network fraud

202 1, the crime of "trusting trust" with a difficult name, actually ranked third, second only to the crime of dangerous driving and theft.

In practice, it is mostly manifested in renting and selling bank cards and telephone cards; Running points; Develop illegal app；; Advertise and promote related telecom fraud apps. They constitute an important link in the telecom fraud chain and are called "tool people" of electronic fraud.

From the end of March to mid-April in 2002/kloc-0, the criminal suspect Tian lent seven bank cards and WeChat payment accounts in his own name, which were used by the gang to transfer fraudulent funds and profit from them. Tian was criminally detained on suspicion of helping information network criminal activities.

According to the provisions of Article 287 bis of the Criminal Law, the crime of "helping the letter" shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.

At the beginning of its establishment, the crime of "toto" was unknown, but it was not until the crime rate began to surge in 2020 that people gradually understood it. With the increase of such cases, some legal experts began to worry about whether the scope of the attack was too wide.

In addition, a large number of cases of "trust crime" show that the participants are mainly young people, low-income people and unemployed people, and even many students are involved in the case.

Therefore, how to deal with this kind of people carefully and properly so that their future life will not be destroyed has become a problem that judicial organs need to face.

2

Most of them are related to borrowing "two cards"

Most of these cases involve illegal use of bank cards and calling cards.

three

2020 -202 1

From silence to surge

A subsequent question is: Why did the number of "assisting trust crimes" surge in 2020 and reach its peak in 20021year?

20 19, 10 the Supreme People's Procuratorate and the Supreme Law promulgated the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Illegal Use of Information Networks and Helping Information Network Crimes (hereinafter referred to as Interpretation 1).

Before the release of Interpretation 1, the expression of "helping trust crime" in criminal law was vague. It is difficult to determine the situation of "knowing" and what is "serious circumstances", which is an important element to identify the crime of helping trust. Explanation 1 lists seven situations of "knowing" and "serious circumstances" in financing trust crimes, which provides specific guidance for public security organs and judicial organs in handling cases and trials, and improves efficiency.

Gao Yandong said that the promulgation of Interpretation 1 was one of the reasons leading to the outbreak of trust crimes. In addition, the current high incidence of cybercrime itself has led to a large number of corresponding help-seeking behaviors.

Moreover, the means of seeking help for the crime of aiding the letter are relatively concentrated, which are mainly manifested in helping upstream fraud groups "run away" to launder money, providing fraud groups with "services" to send and receive SMS verification codes, and illegally obtaining and providing fra with multiple social media accounts.

Take selling bank cards as an example. Due to the restriction of real-name authentication, bank cards sold by criminals often need to be purchased in large quantities nationwide, resulting in a wide range and a large number of people. In addition, on June 5438+ 10, 2020, the Ministry of Public Security and the Ministry of Industry and Information Technology launched a nationwide "punch card operation", focusing on cracking down on renting and selling "two certificates" (behaviors).

On June 5438+ 10, 2020, the Ministry of Public Security and the Ministry of Industry and Information Technology launched a nationwide "punch-in operation", focusing on cracking down on renting and selling "two certificates".

The combination of a large number of criminals and a strong blow has led to the blowout of the number of "Fuxin" criminals.

Fraudsters cannot and dare not directly transfer the defrauded funds abroad, and they must go through the transfer relay of domestic accounts before they can enter the fraudsters' accounts. Therefore, without the participation of domestic accounts, it is difficult for the defrauded funds to flow out. This is also the reason why the crime of "trust" was added to the Criminal Law, and the public security department severely cracked down on "trust".

four

"Not knowing beforehand" is not an excuse for impunity.

In the practice of handling the crime of "trusting trust", some suspects find various excuses, such as "not knowing beforehand" and "not knowing that lending bank cards and phone cards to others is also a crime".

So, I wonder if I will not pursue it?

view

Zhao Ronglie, a Shandong lawyer who has represented many "Fuxin" cases, believes that the key lies in whether the suspect is subjectively informed. If he doesn't know that others use information networks to commit crimes, it doesn't constitute a crime; Otherwise it constitutes a crime.

So, how do you determine whether you know subjectively?

Zhao Ronglie and others believe that knowing should be determined according to the seven situations stipulated in Article 11 of the "Two High Interpretations". The seven situations are: after being informed by the regulatory authorities, the relevant behavior is still implemented; Failing to perform the statutory management duties after receiving the report; The transaction price or method is obviously abnormal; Providing programs, tools or other technical support and assistance specially used for crimes; Frequent use of hidden internet access, encrypted communication, destruction of data or use of false identities to evade supervision or investigation; Prison break for others

Providing technical support and assistance by presiding over or evading the investigation; Other circumstances that are sufficient to determine that the actor knows.

Viewpoint 2

Wang Peilin, an excellent state prosecutor who has handled dozens of "Fuxin" cases, believes that the case-handling department will make a comprehensive judgment on the subjective understanding of "Fuxin", combined with the cognitive level of the general public and the cognitive ability of the actor, whether the relevant behavior violates the prohibitive provisions of the law, and whether the actor performs management duties, evades supervision or evades investigation.

Viewpoint 3

Shanghai lawyer Gao Tailing's point of view is more direct: he is suspected of "helping the letter" and does not require the parties to know that the other party is engaged in illegal and criminal activities. If the party knows that it is * * *, it is suspected of being an accomplice. The parties don't know, but combined with cause and effect and basic truth, it can be inferred that the parties should know.

The so-called "ignorance in advance" is untenable and is not a reason for impunity.

It is reported that this year, the Supreme People's Procuratorate will continue to deepen measures, strengthen the whole chain governance of telecommunication network fraud crimes, severely punish all kinds of online crimes of "blood transfusion for food" for fraud crimes, and carry out the "punch card" action in depth.

At the same time, the procuratorial organs will focus on cracking down on organizers, planners, commanders and backbone elements of criminal gangs, card gangs and professional "card dealers".

Prosecutors entered the campus to carry out propaganda against telecommunication network fraud.

In view of the situation that teenagers, especially school students, have become "tools" of "two certificates" crimes and "accomplices" of fraud crimes, we should persist in giving priority to education, rescue, punishment and warning, implement the criminal justice policy of arresting less and prosecuting cautiously, and guide teenagers and students to enhance their discrimination ability and awareness of prevention.

Relevant personnel said that the procuratorial organs will further strengthen the governance of the source of complaints, adhere to data empowerment, and jointly promote comprehensive rectification. In view of the outstanding problems reflected in personal information management such as "two certificates" management, campus security management, insurance industry, etc., the source supervision is carried out by issuing procuratorial suggestions, risk warning letters, signing memorandums, etc., and a joint effort is formed.

Synthesis: Xinhuanet, Guangzhou Daily, Inspection Daily, etc.

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