On the determination of jurisdiction of telecommunication network fraud crime cases

The so-called telecom fraud refers to the criminal behavior that criminals fabricate false information and set up scams by telephone, internet, SMS, etc., and implement remote and non-contact fraud on the victims to induce the victims to make money or transfer money to the criminals. How to determine the court jurisdiction of telecom fraud cases? (1) Generally, telecommunication network fraud cases are put on file for investigation by the public security organ in the crime place. If it is more appropriate for the public security organ in the criminal suspect's residence to file a case for investigation, it may be filed by the public security organ in the criminal suspect's residence. The place of crime includes the place where the criminal act occurred and the place where the criminal result occurred. "Crime place" includes the location of the website server used for telecommunication network fraud, the location of the website founder and manager, the location of the infringed computer information system or its manager, the location of the computer information system used by criminal suspects and victims, the dialing, sending, arriving and receiving places of fraudulent telephone calls, short messages and emails, and the implementation, preparation, starting point, passing place and destination of fraud. "The place where the criminal result occurred" includes the place where the victim was cheated, and the actual place where the property obtained by fraud was obtained, hidden, transferred, used and sold. (2) In the case where telecommunication network fraud was first discovered, the public security organ of the place where it was first discovered may file a case for investigation, if the fraud amount did not reach the standard of "large amount" at that time, but reached the standard of "large amount" in subsequent accumulation. (3) Under any of the following circumstances, the relevant public security organs may jointly file a case for investigation within the scope of their duties: 1, the crime of one person; 2. Joint crime; 3. The criminal suspect who commits a joint crime also commits other crimes; 4. The crimes committed by multiple suspects are directly related, and the combined treatment is conducive to finding out the facts of the case. (4) For criminal cases such as multi-level chain fraud and cross-regional telecommunication network fraud caused by online transactions, technical support, payment and settlement, the public security organ at the next higher level may, in accordance with the principle of being conducive to finding out the criminal facts and litigation, designate relevant public security organs to file a case for investigation. (five), a number of public security organs have the right to file a case for investigation of telecommunication network fraud and other criminal cases, by the public security organ that initially accepted or the public security organ in the main crime place. Disputes should be settled through consultation in accordance with the principle of being conducive to finding out criminal facts and litigation. If negotiation fails, the public security organ at the next higher level shall designate the relevant public security organ to file a case for investigation. (6) The Ministry of Public Security may, on the basis of the principle of being conducive to finding out the facts of a crime and litigation, designate relevant public security organs to file a case for investigation. (7) Cases in which a public security organ files a case for investigation, merges investigation or needs to be submitted for approval of arrest, transfer for examination and prosecution or public prosecution due to disputes shall be accepted by the people's procuratorate or people's court where the public security organ is located. For major difficult and complicated cases and overseas cases, the public security organ shall notify the people's procuratorate and the people's court at the same level before designating the case for investigation. (eight), has been determined under the jurisdiction of the telecom fraud joint crime cases, after the fugitive suspects are brought to justice, generally by the original jurisdiction of the public security organs, people's procuratorates, people's courts.

Legal objectivity:

Criminal law of the people's Republic of China

Article 266

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 shall 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.