Research On The Judicial Determination Of Joint Crime Of Telecommunication And Network Fraud

The telecommunication network fraud crime is a crime of illegal possession for the purpose,with the help of network communication tools as the media to fabricate the facts,resulting in the victim into a wrong understanding and then dispose of property.At present,in China’s judicial practice,the crime of telecommunication network fraud is punished as the crime of fraud.The network alienation of the crime of fraud leads to the change of the internal structure of the participants of joint crime.The concept of principal criminal has been gradually accepted by Chinese criminal scholars,who distinguish perpetrator and accomplice according to the theory of substantive objectivity,use the common theory of partial crimes to explain the essence of joint principal criminal.The identification standard of the joint principal criminal of the telecom network fraud crime needs to be understood from the subjective and objective aspects,that is,the fact that there is a joint fraud crime in the objective aspect,and the subjective aspect requires that more than two actors have the meaning of joint implementation of the telecom network fraud crime.For the co-principal criminal of conspiracy,although the co-conspirator did not personally participate in the specific implementation process of the telecom network fraud crime,but if the conspiracy behavior and the principal criminal’s behavior is equivalent,the conspiracy behavior also plays an important role in the realization of the fraud crime,we can identify the establishment of the co-principal criminal of conspiracy.The essence of an instigator is to provoke others to commit an offence,the judicial identification of abettor of telecom network fraud should start from two aspects: abettor behavior and abettor intention,objective aspects of the existence of instigating others to carry out telecommunications network fraud,subjective existence of instigation of others to carry out the instigated telecom network fraud intentional crime,recognizing that the acts of instigation committed by him will cause the instigated person to commit an offence,the instigator has a hopeful or indulgent psychological attitude towards the occurrence of harmful consequences.When the actor based on the instigator’s intention,with the help of network virtual space to "secretly" instigate,an act equivalent to an indirect principal offender should be considered an indirect principal offender when it is actually committed against an uninformed person.As the instigator is subordinate to the principal offender,when the fraud crime carried out by the instigator reaches the completed form,It is certain that the abettor has succeeded,If the instigated person starts to implement the instigated telecom network fraud crime,he is forced to stop due to his own or external reasons in the implementation process,as for instigator,it is also in the form of attempted crime.With the aid of network space to help telecom network fraud crime behavior,compared to traditional fraud crime of helping behavior more secretive.The identification of the criminal helper of telecom network fraud should be investigated from both subjective and objective aspects.The objective aspect has the behavior of providing material or spiritual assistance for others to carry out the telecom network fraud crime,the subjective aspect requires the helper to have the intention to help.As for the recognition that the helper "knows",requiring the helper to actually know that the object being helped is committing a telecom fraud,but there is no need to strictly require the helper to realize the whole process and specific details of the implementation of the telecom network fraud crime by the object of help.During the implementation of the joint crime of telecom and network fraud,it will inevitably involve the upstream and downstream related crimes,as long as the perpetrator is infringing on the personal information of a citizen,the act of providing network technical support,the act of helping to withdraw money,is based on the intent to help others to commit the crime of telecommunications network fraud,constitutes the help of telecom network fraud crime.