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Research On The Qualitative Issues Of Helping Withdrawals In Telecom Network Fraud

Posted on:2022-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:H Y MengFull Text:PDF
GTID:2506306542457294Subject:legal
Abstract/Summary:PDF Full Text Request
Currently,telecommunication network fraud cases have taken place frequently,it has become a livelihood issue and people always talk about it in life.As telecommunication network fraud cases are the product of technological development,the criminal law in traditional theory does not involve crimes in this area.At present,the conviction and sentence for this type of crime are also commensurate with the crime of fraud.However,due to its characteristics such as group crimes and non-contact nature,the perpetrators who help withdraw money are most likely to be found and captured.At present,the basis for hearing such cases is mainly derived from the "two highs and one department" promulgated on December 19,2016 on the applicable opinions on handling such cases.Since the implementation of the " Applicable Opinions",the main basis and viewpoints for hearing such cases have all emerged Here.However,due to the complexity of the case,the interpretation and application of the "Applicable Opinions" by local courts are also different.As a result,the determination of the nature of the act of helping with drawers in such cases is controversial in practice,especially for assistance.There are big differences in the determination of whether the withdrawal is an accomplice.By collecting and sorting out judgment documents in recent years,especially in 2019,the author analyzes 128 judgment documents and tries to summarize the difficulties in the practice of helping the person withdrawing money and whether it is determined to constitute an accomplice.Some insights.Through combing the whole criminal process of telecommunications network fraud crime,and the whole crime has three levels.The first level is the "vegetarian",the other one is the core of the entire criminal process,and the another one is the act of helping with withdrawals.It is analyzed that the act of helping with withdrawal refers to the person who agrees to assist with withdrawal after the notification or directly informs the person who has carried out the withdrawal after the criminal element commits fraudulent criminal activities..According to the degree of their participation in crime,they are divided into the act of actively providing bank card to help withdrawing money and accepting bank card to help withdrawing money.Through the analysis of the judgment document,the problems and disputes in the qualitative help with withdrawal are mainly concentrated in this act of assisting with withdrawal without collusion.Therefore,this article focuses on the qualitative issue of the behavior of helping withdrawing money without conspiracy beforehand.After having a certain understanding of the act of helping with withdrawals,the author then analyzes the collected precedents to get the current status of the judicial circles on such cases.First of all,telecommunications network fraud cannot find a separate crime named after this in the Criminal Law.For such crimes,convictions and punishments are basically based on the crime of fraud in Article 266 of the Criminal Law.Second,the "Opinions" promulgated in 2016 became the main trial basis.Finally,through the collection of precedents,we can see that there are some arguments,which are Choosing a charge,distinguish between principal and accessory and the judgment of the number of crimes.After the above explanation and brief description,the author analyzes the existence of several identification dilemmas in determining the characterization of the behavior of the withdrawal actor based on the type of the withdrawal person's behavior presented in the judgment document and the main focus of dispute: The second is the subjective psychological problem of helping the person withdrawing money;the third is the determination of the number of crimes of the continuous assistance with the withdrawal;the fourth is the determination of the principal and accomplice;the fifth is the illegal possession The identification of bank cards varies.Analyzing the problems existing in the identification of accomplices by helping withdrawing money,I tried to propose some new solutions: firstly,selection “control said” to be the standard of successful fraud;secondly,Taking prior conspiracy as a necessary condition for the subjective aspect of helping with drawers,and based on the analysis of "knowingly" the situation and the standard of judgment;then proposed to use the concept of absorbing criminals to implement continuous assistance with withdrawals.Choose one felony to be punished;finally,it is proposed that the illegal holding of bank cards should not be evaluated separately,and should be solved by the theory of implicated criminals.
Keywords/Search Tags:telecommunication network fraud, helping to withdraw money, joint crime, successive accomplice
PDF Full Text Request
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