Research On Difficulties And Countermeasures In The Practice Of Telecom Fraud Cases

With the development of society,the communication industry is changing rapidly,and the popularization of new payment methods such as mobile payment,the non-contact fraud crime implemented by means of mobile phones,fixed phones and other communication tools spreads rapidly,causing great losses to the masses.This paper is based on the empirical analysis of telecommunication fraud cases handled by the Procuratorate since 2013.The first part of the article first summarizes the characteristics of such cases and common types of crime.Telecommunications fraud cases are characterized by gang crime,rapid transfer of illicit money,and fraudulent use of bank cards.Common types of crime include fraud by impersonating military personnel,fraud by impersonating functional departments,and fraud by impersonating staff of state organs.The second part elaborates the problems of identification of charges and conviction and sentencing in dealing with telecommunication fraud cases.The identification of charges mainly elaborates the differences between judicial practice and criminal law theory in the identification of crimes of fraud and theft,fraud and obstruction of credit card management,and the differences in the identification of crimes of concealing the proceeds of crime and obstruction of credit card management in practice.Conviction and sentencing are mainly about the amount of crime and sentencing,and the different cases in practice.The third part analyses the causes of the differences in conviction and sentencing and the application of charges from the aspects of the legal interests of criminal infringement,the difficulties in identifying accomplices and the difficulties in identifying criminal forms.This paper analyses that the technology of telecommunication fraud means leads to the diversification of its infringement of legal interests,which ultimately leads to the difference between the nature of this crime and that crime.Subjective aspects of crime affect the identification of accomplice and its scope of responsibility,and the different forms of crime.The different time points of joining the crime determine the different application of charges.At the end of the paper,countermeasures and suggestions for handling Telecom fraud cases are put forward.This paper distinguishes the crime of theft and fraud,the crime of obstructing credit management from the crime of fraud,the crime of concealing and concealing the proceeds of crime from the crime of fraud.At the same time,it puts forward some basic criminal law theories such as coincidence of articles of law and coincidence of imagination when dealing with multiple crimes.Then it discusses the suggestions of conviction and sentencing in telecommunication fraud cases from the following aspects: amount determination,comparison of crime amount and sentencing circumstances,and distinction between principal and subordinate offenders.Then it discusses how to identify the accomplice,and puts forward that the main points of identifying the accomplice are the subjective identification and the scope of the accomplice liability.Finally,from the aspects of evidence collection,examination and judgment,it puts forward how the procuratorial organs should grasp the evidence in handling such cases.Mainly put forward that the procuratorial organs should intervene in the collection of evidence in advance,and focus on examining and examining the information of on-site dialogue and location from the victim,so as to facilitate the subjective judgment in the future.Then it elaborates on the comprehensive identification of evidence chain and telecom fraud.