With the rapid development of information technology, many criminals engage in providing bank cards and calling cards to help with information network crimes. Because of the concealment of criminal acts, the intelligence of methods and the virtuality of space, it is often difficult to effectively crack down and trace them, which has caused serious harm to social security and family happiness.
On October 10, 2020, the State Council held an inter-ministerial joint meeting to crack down on new types of illegal crimes in telecommunications networks, and decided to launch a nationwide "card-breaking" operation with the main content of cracking down on, governing and punishing criminal gangs that started and sold telephone cards and bank cards.
According to the China Judgment Document Network, since the "card-breaking" action was launched, the cases of helping information network criminal activities (hereinafter referred to as "letter-helping crimes") have increased by spurt. As of January 31, 2022, the national courts have concluded 398 cases with 449 college students suspected of "letter-helping crimes", including 22 cases with 25 people in Jiangxi courts, and college students have become the key groups of "letter-helping crimes".
Weak legal consciousness is the main reason.
According to a survey conducted by the reporter of the Rule of Law Daily, college students who are deeply mired in the quagmire of "helping the letter" mainly present the following three characteristics:
— — Subjective malice is not great. Some college students go astray in the process of looking for internship opportunities and social part-time jobs, and are used by criminal gangs and step into criminal traps; Some college students are careless in making friends and don’t know who they are. They rent and sell "two cards" under the lure and instigation of so-called "friends" and "fellow villagers", and they are lured and lured by card gangs, and they are trapped in the mire of crime. Although they have little subjective malice in committing crimes, they are aware of criminal acts, and often indulge or allow others to commit crimes out of loyalty or interest.
— — Weak legal consciousness. Most of them study in vocational colleges, often focusing on skills teaching, ignoring the education of the rule of law, lacking vigilance and awareness of "helping the letter", lacking understanding of the social harm and illegality of their own help behavior, and lacking understanding of the role played by their own help in the whole network crime and the adverse legal consequences it brings.
— — The interest drive is obvious. College students lack social experience, have a strong desire to consume, and are keen to compete with each other. However, they suffer from lack of financial resources, and have a high demand for low-cost and high-income part-time jobs in illegal trading of "two cards". In the face of money temptation, they are easy to become vassals of fraud gangs, and some even evolved from "tool people" who earned commissions at first to "leaders" who wooed, recruited and organized offline.
Wide radiation area is extremely harmful.
"Crime of helping the letter" refers to a serious act of providing technical support such as Internet access, server hosting, network storage, communication transmission, or advertising promotion, payment and settlement, knowing that others use information networks to commit crimes. It is usually manifested in providing bank accounts and mobile phone numbers for crimes such as online telecom fraud to receive and transfer fraudulent income.
In judicial practice, many college students have misunderstandings about the crime of helping the letter. They think that renting, lending and selling their own bank cards and mobile phone cards is not harmful to society and will not harm the world.
"In fact, ‘ Bangxin ’ Behavior has a great social impact, and the serial merger case has a wide range of radiation. Telecommunication network fraud, online gambling and money laundering crimes are all realized by bank cards. " Relevant legal experts told reporters that taking the sale of personal bank cards as an example, the bank cards sold by the perpetrators are often used to defraud unspecified victims all over the country, and the number of serial and parallel cases is large, involving a wide area and a large number of people, which brings great difficulties to the detection of cases and the recovery of economic losses of victims. Therefore, it is also illegal and criminal to engage in "helping the letter" criminal activities. The public security organs will jointly implement disciplinary measures such as credit punishment, business restriction and strict account management with the People’s Bank of China.
Nanchang No.2 Financial Court introduced that in addition, the Criminal Law Amendment (IX) newly added the crime of helping the letter, which was stipulated in Article 287 bis of the Criminal Law, which reflected that the criminal legislation field increased the crackdown on information network crimes by punishing the help behavior of network crimes. Article 12 of the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases, such as Illegal Use of Information Networks and Helping Criminal Activities of Information Networks, further explains the crime, and stipulates nine situations, including helping more than three objects, paying more than 200,000 yuan for settlement, providing funds of more than 50,000 yuan by advertising, and obtaining illegal income of more than 10,000 yuan, which should be considered as "serious circumstances" as stipulated in the first paragraph of Article 287 bis of the Criminal Law.
The judge warned that "helping the letter" behavior is not only punished and suspected of helping information network criminal activities as stipulated in the criminal law, but also suspected of obstructing credit card management, buying and selling certificates of state organs, covering up and concealing crimes, and even constituting fraud, which may bring imprisonment to individuals and is extremely harmful. Don’t try the law by yourself.
Take multiple measures to build a campus ruled by law
"Young people’s wisdom makes the country wise, young people’s wealth makes the country rich, and young people’s strength makes the country strong." The so-called teenagers and responsibilities are the unshirkable responsibilities of the current college students. College students are not only the "iron shoulder" and "backbone" of building a strong socialist modernization country, but also the main force and fresh force to respect and abide by the law, resist crime and jointly build a campus ruled by law.
To this end, the Second Financial Court of Nanchang suggested, on the one hand, strengthening the publicity of the rule of law. In combination with the "card-breaking action", we innovatively set up a new model of "court+university" colleges and universities, and jointly with the public security bureau, procuratorate, judicial bureau and financial departments, with the help of the new media platform, vigorously carry out the publicity and publicity activities of typical case trials, warn students of the criminal risks related to "two cards" through activities such as typical cases, open court trials, mock trial, and sending them to campus, and urge college students to establish a legal thinking to prevent fraudsters from taking advantage of it.
On the other hand, strengthen the management of colleges and universities. Give full play to the leading role of the vice president of the rule of law and the lecturer of the rule of law, strengthen the psychological counseling for college students, regularly check the arrangement throughout the school, improve the work ledger, establish a multi-level and multi-angle anti-fraud "firewall" in the whole society, and strengthen the source to prevent "helping the letter" behavior.
Nanchang No.2 Financial Court believes that besides the self-management of students and schools, all sectors of society should pay attention to the influence of "helping the letter" on college students and strengthen supervision. Financial institutions should strengthen business management, further raise the threshold of card opening audit, cut off the illegal opening of the "two cards" channel, and minimize the space for related illegal activities; The People’s Bank of China should make full use of disciplinary measures such as credit punishment, business restriction and strict account management, record violations of laws and regulations in personal credit report, suspend off-counter business of relevant bank accounts, pay all business of accounts, and increase the illegal cost of "helping the letter" behavior; The departments of public security and procuratorial organs should strengthen communication and coordination in cyber crimes, strive to enhance the consensus on the application of laws, unify the standards of evidence between public security and procuratorial organs, and unify the standards of judicial adjudication, so as to form a joint force to punish such crimes, so as to help information cyber crimes have no breeding ground and stay away from the pure and noble "ivory tower".
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