The filing standard of telecom fraud cases stipulated in the new criminal law

The standard for filing telecom fraud cases stipulated in the new criminal law is 3 thousand yuan. Citizens who have been cheated by misinformation via SMS, telephone, Internet, radio and television, newspapers and periodicals, etc., and the amount of fraud is more than 3,000 yuan to less than 10000 yuan, meet the standards for filing and prosecuting fraud in joint judicial interpretation. If this is reported to the local public security organ, the public security organ should accept it.

According to Article 2 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunication Network Fraud, if the amount of fraudulent public or private property is between 3,000 yuan and 10,000 yuan, between 30,000 yuan and 100,000 yuan, and above 500,000 yuan, it shall be deemed as "huge or extremely huge" as stipulated in Article 260.

Extended data

Fraud punishment

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, swindling public and private property with a value of more than 3,000 yuan and 654.38+0,000 yuan is a "large amount" as stipulated in the Criminal Law, while those with a value of more than 30,000 yuan and 654.38+0,000 yuan are a "huge amount" and those with a value of 500,000 yuan are a "particularly 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.

References:

Baidu Encyclopedia: Telecom Fraud