On The Investigation Of Fraud Cases Through False Information

On the basis of visiting a few suspects and policemen of the fraud cases through false information and a lot of first-hand documents gathered, the article analyses the characteristics of the fraud cases through false information and reveals the various methods used by the suspects in these cases; According to the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, the relevant judicial interpretation and other laws and regulations, specific suggestions about how to determine the criminal acts of the fraud cases through false information and which laws to apply to are put forward; At the same time, a few helpful methods at different levels are provided in order to fight against the fraud cases through false information in terms of the theories of criminology and the facts of the cases.The article believes, the fraud cases through false information is a general term for a series of fraud cases through false information, that is, the various fraud cases in which the suspects hold the idea of gaining others' properties illegally at the beginning and gain the properties of the victims through various communication tools and media, and by inventing a false story or conceal the facts on purpose. Compared with the traditional fraud cases, these cases are characteristic of the wide range of the victims, the succession of the crimes, and the intellectual, fast-changing, low cost, group work features of their illegal tricks. In terms of the methods used, the fraud cases through false information fall into three types: the fraud cases through telephone; the fraud cases through internet; the fraud cases through other ways. As for the specific tricks used in these cases, many different kinds have been found.Generally the sum of money involved in each fraud case through the false information is not big enough for case-filing, but the money added through the series of the cases by one group or by one suspect will be enormous. Therefore, it is very important to determine the criminal acts by counting the correct sum involved in the cases. The article insists that the direct losses of the victims due to the fraud acts should be taken into account to determine the whole sum. The right standard to count on is the local market prices at that time, and the real losses of the victims should be taken into account. As for the repeated fraud acts, the sums should be added if the cases are not be dealt with. For the fraud cases involved in different areas, different standards between the areas should be taken into consideration. For those cases which take place at different periods, the difference between the prices of the items should be considered. The criminal penalty starting point and the different penalty levels of the fraud cases should be made on the basis of the relevant laws and regulations and the specific local conditions. There are cases that the fraud cases are made in vain. And the acts of the several offenders in the same case vary a lot, so the special features of these cases are to be taken seriously. When deciding the levels of the penalty in these fraud cases through false information and applicable laws of the corporate fraud cases, Interpretation of the Supreme People's Court on Several Issues about Laws Applicable to the Fraud Cases Through False Information issued on December 16th, 1996 can be referred to.The precaution against the fraud cases through false information should be carried out at all levels, including the infrastructure construction, the legal construction, the technique improving, the criterion establishing for the relevant lines, the propaganda and education, and so forth. Only by establishing the standard for social management, improving the social controlling power against crimes, and building the precaution system can these crimes be put under control.The article analyses systematically the basic issues of the fraud cases through false information, expect to facilitate the investigation further into such crimes, and provide for the law department applicable theories in terms of the fraud cases through false information.