Online, telecom fraudsters to face heavier punishment

On Dec 20, China’s Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security jointly released a guideline on the applicable law of online and telecom fraud, stipulating specific standards of punishment.

The amounts of more than 3,000 yuan ($431) and 30,000 yuan ($4,317) that gaining from online and telecom fraud is defined as a "relatively large amount" and "huge amount" respectively. The fraudsters will be sentenced according to the responding national standards set out in the Criminal Law.

If the amounts gained meet certain standards and the criminal suspects’ behavior or its consequences is serious enough they will be severely punished. Such behavior and consequences include causing victim's suicide, death or mental disorder, using phishing sites or Trojan horse programs for fraud and defrauding vulnerable groups such as the people with disability, seniors and students.

Chen Shiqu, vice-inspector of the Ministry of Public Security, said that it is known that some criminals defraud only a small amount of money such as 300 to 500 yuan each time to evade legal sanction, but they repeat the same action many times.

“According to previous provisions, a case involving a small amount of money like 300 yuan cannot be placed on file for investigation or prosecution. But newly released guideline indicates that those who defraud for a small amount of money many times will be punished.”

Some criminal offenders run such businesses for a long time and don’t give up after being discovered. For this kind of swindlers, the guideline stipulates that the punishment of a suspended sentence should be strictly limited.

There are other cases where criminals unscrupulously pretend to be government officials and defraud other people. They not only baffle victims but also damage the image and authority of state organs. "So they must be severely punished,” said Li Ruiyi, a presiding judge of the Supreme People’s Court.

Telecom and online fraud is generally a joint crime with detailed division of labor, multiple links and a long involved process.

In reality, there are people who are fully aware of telecom and online fraud but still provide swindlers with tools, facilities and technology, such as personal information, bank cards, mobile phone cards, and safe places or transportation for swindlers. These people will be sentenced as accomplices, according to the guideline.

A policeman popularize anti-telecom fraud knowledge to villagers.[Photo/ Xinhua]