In the first half of 2022, the procuratorial organs sued 64,000 people to help the letter.

The crime of helping the information network crime (hereinafter referred to as the crime of helping the letter) is a new crime of amendments to the Criminal Law (9) implemented in November 2015. It mainly refers to the actor knowing that others use the information network to implement crimes and provide Internet access for their crimes. , Criminal behavior such as server hosting, network storage, communication transmission, or providing help such as advertising promotion, payment settlement and other help, is an important "accomplice" of telecommunications network crimes. In November 2019, the Supreme Prosecutor's Joint Supreme Law formulated and issued the "Explanation of Criminal Cases and other criminal cases such as illegal utilization of information networks and helping information network criminal activities", which clarified the crime and punishment standards and relevant judicial identification issues.

In recent years, especially since the "broken card" operation in October 2020, the procuratorial organs have sued the suspected crime cases to rise rapidly. It has now become the third charges of the number of prosecutors among various criminal crimes (the first two are dangerous respectively Driving and theft). The procuratorial organs adhere to the guidance of Xi Jinping's thinking of the rule of law, thoroughly implement the criminal policy of leniency and strictness, and to arrest them with prudent judicial policies and punish crimes in accordance with the law. Source strike governance. It is found that the social governance issues reflected in the high incidence of such crimes are also worthy of attention.

1. Basic situation in the case of help

From the perspective of the number of cases, the number of prosecutions has continued to decline since this year, but the overall operation is still running. From the addition of criminal crimes in 2015 to the "broken card" operation in October 2020, the procuratorial organs sued more than 6,000 people for help. Since the "broken card" operation, the number of prosecutors has increased linearly, especially in 2021, which has risen monthly, and a total of nearly 130,000 prosecutions are 9.5 times in 2020. The increase in the amount of cases is closely related to the crackdown on illegal trading and selling "two cards" (that is, bank cards, telephone cards) in law enforcement and judicial organs in the "Broken Card" operation. Since the fourth quarter of 2021, the number of prosecutors has declined quarter -quarter. Among them, the first quarter of 2022 decreased by 33%from the fourth quarter of 2021; the first quarter of the first quarter decreased by 6%.

From the perspective of the indictment, most of the first prisoners are involved in the region. In the first half of 2022, the prosecutor's prosecution for the crime of helping faith involved various provinces across the country, especially in key areas of high incidence of telecommunications network fraud. From the age of personnel, the phenomenon of low aging is prominent, with 64.8%under 30 years of age and 23.7%of those 18 to 22. Among the criminal suspects, the majority of low education and low -income groups account for the majority, with 66.3%in junior high school degree and 52.4%of non -fixed occupations. Criminal acts are mainly manifested as "two cards" in illegal trading. At the same time, the number of people with higher academic degrees or above in university, and private enterprises, especially technology companies, have continued to increase, and criminal acts are mainly manifested as development software and providing technical support. Among the indictment, nearly 90%did not have a crime department and were first offenders.

From the perspective of behavior, the organizational model is more common, and the characteristics of division of labor and refinement are outstanding. The crime of helping faith is mostly implemented in the form of criminal gangs, such as the organizational model of "Cannon -Card Merchants -Card Top". The division of labor is relatively clear, which is convenient for sustainability and scale to provide support for upstream crimes. Different from traditional criminal gangs, the different levels and members of the criminal gangs often do not meet. Usually, it is mainly connected by codes and secrets through the Internet. More; different levels and different members often help multiple upstream criminal groups at the same time, which is more harmful. From the perspective of the case, the upstream telecommunications network crimes helped by the help fabrication behavior are mainly concentrated in the field of telecommunications network fraud, online gambling and other fields. There are three main ways of behavior: one is illegal trading and selling "two cards", especially bank cards. Provide a tool for transfer, cash, and cash withdrawal, accounting for more than 80%of the total prosecution; the second is to provide professional technical support and software tools, such as Goip devices, batch registration software, etc. Black -made software tools for crimes, such as dial IP in seconds, avoid supervision or avoiding investigation.

Second, the issue worthy of attention

The procuratorial organs found that behind the surge in the crime of faith, some social governance, especially the network governance, also reflected the issues of social governance, and some problems were relatively prominent.

First, the issue of three types of personnel involved in the case deserves high attention. The first category is at school students. Some students in the school are confused by illegal elements around the campus and the campus. They sell and rent "two cards" and have become "tool people"; some also recruit students to acquire "two cards" on the campus and develop into "card merchants". If a university student Tu has acquired other people's bank cards on the campus for a long time, provided it to criminals, and at the same time, it made his girlfriend Wanmou (student at the school) and sold 8 bank cards from the classmates. These bank cards were used to implement telecommunications network fraud crimes, and 21 victims were transferred to the bank card to more than 2.07 million yuan. The second category is the employees of technology companies. With the idea of ​​"making fast money" and "showing off the ability", such personnel use "technical neutral" as the shield, but they have become "technical assists" of crime. The third category is internal personnel of communication, finance and other industries. They violated a large number of "two cards" such as "real -name system" and other regulations illegally sold and provided, and became the main tool transfer channel for telecommunications network crimes. For example, a communication company in a university campus outlet agent, using the student information of the mobile phone card, handle more than 500 campus broadband accounts, and sell it to upstream buyers at a price of 200 yuan per account. Telecom network fraud crime. The second is that the issues involved in the fields of recruitment, internships, and part -time jobs are more prominent. It is found that some recruitment markets, especially online recruitment platforms, lack strict review and management of recruitment enterprise qualifications and publishing recruitment information. As a result, many people are trapped in criminal design because of false and illegal recruitment advertisements. Essence Some schools are not in place for students' employment guidance and education management. The internship management is relaxed and the review of the internship unit is not strict. As a result, some students in the school are deceived to participate in the telecommunications network illegal and criminal activities during the internship part -time job. For example, more than 20 students in a certain school were introduced by an intermediary company contacted by the school that they were deceived to engage in fraud drainage work until they were seized for the case. After review, the procuratorial organs suggested that the public security organs cancel the case, but it still has a huge impact on the psychology of students.

Third, the source management of equipment and tools needs to be further strengthened. Some criminals help upstream crime implementation through illegal sale and rental professional equipment or tools. Some equipment and tools are used normally, but due to the lack of necessary regulation and supervision in production, sales, and use, it is easily used for illegal crimes. For example, Goip device has its normal use in practice, but due to the low access standards and the lack of control of circulation, such equipment has become the main criminal tool for overseas fraud groups. Focusing on its sales, rental, installation, and maintenance, the black industry has formed. Many people participate in it and offend the crime of faith. For another example, due to the high transfer quota and the difficulty of risk control recognition, public accounts have been "favored" by telecommunications network fraud and online gambling groups, and are specially used for receiving money transfer. Due to the low threshold for registration of enterprises and relatively loose review conditions for public accounts, the black industry is forming a black industry around public account opening and buying and selling. Some personnel are driven by interests, registered shell companies, open public accounts, and provide upstream criminals.

Third, adhere to the combination of lenients and strictness, punish and control, promote punishment and effective governance of crimes in accordance with the law

In response to the trends reflected in the case, the procuratorial organs adhere to the strictness and strictness. While punishing the crime of helping the letter in accordance with the law, the supervision of the case is strengthened, the sources of the source of the law, deepening the interpretation of the case, and building a crime social defense line.

The first is to highlight the focus of blows, focus on policy grasping, and resolutely curb the spread of crimes to help faith. Focusing on the chain of cyber crime, strengthening the supervision of cases, and dug the clues of the case, tracing the downstream crime to the upstream telecommunications network fraud and online gambling crimes to achieve full chain blows. Highlight the key points of cracking down, focus on cracking down on the organizers, leaders, backbone, and the main leaders of the company involved in the industry, and the industry "internal ghosts". It is recommended that the industry's internal personnel proclaimed occupations in accordance with the law. Careful implementation of less caught and prudent judicial policies, and the number of cases involved in the case, focusing on distinguishing the status and classification of layered treatment. Strictly grasp the criteria for prosecution, deal with wide treatment according to law, and strengthen the two -way connection between administrative law enforcement and criminal justice to ensure good results in handling cases. For example, when applying for more than 20 students in the company's trading company, the procuratorial delegation focuses on lenient and strictness, distinguish between people, seduce and sell the company account, obtain a small amount of money, does not cause serious consequences, and voluntarily pleaded guilty. The students who recognized the penalty made a relatively non -prosecution decision in accordance with the law and organized a public hearing to strengthen the education of the students and parents involved in the case. Effect.

The second is to improve the laws and regulations, strengthen case guidance, and improve the quality and efficiency of the case of help. The iterative upgrade of online black production has led to many new problems in the application of help in practice. The Supreme Procuratorate, together with the Supreme Court and the Ministry of Public Security, issued the "Opinions on Several Issues of Criminal Cases and other criminal cases such as telecommunications network fraud (2)" Meeting of the Council on the Application of Laws in the "Broken Card" action ", and issued 3 batches of typical models Cases, further clarify issues such as the application of laws and policies. At present, it is actively cooperating with the legislature to study and formulate anti -telecommunications network fraud laws, promote the establishment and improvement of relevant legal systems and legal responsibilities, and form a joint effort to collaborate on governing telecommunications network fraud crimes. At the same time, the relevant departments also studied and formulated the guidelines for the handling of criminal crime, studied and sorted out typical cases of criminal crimes involving "two cards", and strengthened the guidance of case handling. The third is to strengthen the supervision of cases and coordinate the governance of network complaints. Many social governance and network regulatory issues are refracted behind the case. The procuratorial organs adhere to the duties in accordance with the law, in -depth excavation and associated analysis to help the letter of handling cases, strengthen the reverse review of the case, realize the transformation of case supervision to the type of case supervision, and promote the promotion of cases. For "two cards" cases, they propose "procuratorial early warning" around the review of new accounts, investigation of stock accounts, and high -risk account risk control to promote the supervision of the entire process. For example, Zhejiang Procuratorate focuses on the black -gray industry of illegal opening of a trading company account, conducting special actions to combat shell companies in the province, combat the use of shell companies to open illegal crimes such as public accounts to implement telecommunications network fraud Black -to -gray industry chain, strengthen the source governance. For another example, the Beijing procuratorial organs, together with the public security organs, urged the rectification by the "public security reminder letter+procuratorial recommendation" method of opening a large number of bank cards involving fraudulent bank cards to compact the responsibility of related industries. For technical support cases, focus on discovering the source problems in technical tools and Internet service supervision, as well as compliance risks in the management of technology enterprises, together with relevant departments and industry associations to jointly promote integrated governance and promote the healthy development of the Internet industry. For example, the Tianjin Procuratorate found that individual online games can easily induce illegal crimes in response to the case handling, in -depth discussions of game R & D enterprises, urge enterprises to strictly implement the filing system, carefully review the promotion model of partners, and strengthen the surveillance investigation of illegal crimes during the game process. , Promote enterprises to strengthen compliance construction.

The fourth is to adhere to prevention first, strengthen the case of the case, and prevent ordinary people from becoming a criminal "tool person". The weakness of the rule of law is an important reason for most people to commit crimes. The procuratorial organs focus on high incidence, key industries, and problems in the case of cases. Through the rule of law, publicity, public hearing, and publicly declared delivery, etc., to strengthen the laws of cases and strengthen warning education. In conjunction with the education department, we will continue to carry out the "rule of law into the campus" activities to enhance the awareness of the rule of law at school. In conjunction with the competent authorities and industry associations, we will use typical cases to increase the education efforts of employees in the telecommunications, finance, and Internet industries, and enhance the awareness of occupational literacy and rule of law.

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