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On April 8, 20 1 1, the Supreme Court informed the outside world 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. According to the explanation, telecom fraud is severely punished. This judicial interpretation shall come into force on April 9, 20 1 1.
Explain that telecom fraud is defined as a situation that can be severely punished as appropriate, and stipulates five situations that can be severely punished as appropriate: by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., fraud is committed 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.
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