Punish information network crimes in accordance with the law to effectively maintain clear network space

Punish information network crimes in accordance with the law

Effectively maintaining clear network space

——The person in charge of the Supreme People's Court Research Office, the Fourth Procuratorate of the Supreme People's Procuratorate, and the 11th Bureau of the Ministry of Public Security answered the reporter on the "Opinions on the Application of Criminal Procedures for the Application of Criminal Procedures for Criminal Cases"

On August 30, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued the "Opinions on the Application of Criminal Procedures for the Application of Criminal Procedures for Criminal Criminal Cases" (Fa Fa [2022] No. 23, hereinafter referred to as "Opinions"). In order to facilitate the accurate understanding and application of judicial practice, the relevant person in charge of the Supreme People's Court's Research Office, the Fourth Procuratorate of the Supreme People's Procuratorate, and the 11th Bureau of the Ministry of Public Security were interviewed.

Question: Please introduce the background and main passage of the "Opinions".

Answer: In May 2014, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued the "Opinions on the Application of Criminal Procedures for Criminal Procedures for Criminal Procedures for Criminal Cases" (Gongtong Zi [2014] No. 10, hereinafter referred to as "2014 2014 Opinions "), the scope, jurisdiction, preliminary inspection, cross -regional evidence collection, electronic data collection and review and other issues of cyber crime cases are specified. The implementation of the "2014 Opinions" has played an important role in punishing cyber crimes in accordance with the law, effectively maintaining normal network order and legitimate rights and interests of the people.

In recent years, my country's information technology has been widely used, the digital economy has developed rapidly, and cases of information network crime have grown rapidly. "Features and Trends of Information Network Crime (2017.1-2021.12) Special Report on Judicial Big Data" shows that from 2017 to 2021, the first trial of the national court involved in information network crimes a total of more than 282,000 cases, involving more than 660,000 defendants, involving more than 660,000 defendants. And the number of cases has risen year by year. In 2018, 2019, 2020, and 2021, it increased by 57.18%, 28.43%, 20.90%, and 104.56%year -on -year, respectively. Among them, the number of fraud cases accounted for 36.53%, and the proportion of casino cases was 14.81%. In order to effectively curb the growth of information network crimes, further increase punishment, and urgently need to further improve procedure rules for criminal cases.

While improving the convenience of application of information technology, it also reduces the technical threshold of information network crimes. With the continuous renovation of related crime methods, the chain, cross -geographical, and crowdous characteristics of information network crimes are even more prominent, crimes are more prominent, and crimes are more prominent. Criminal crimes The form is becoming more complicated, the social harm is getting worse, and the difficulty of preventing and investigating and investigating and investigating and investigating and investigating has further increased. For example, the victims of telecommunications network fraud are often spread across the country, and the behavior chain is responsible for technical support, drainage, capital transfer, withdrawal, etc., may be distributed in many places, and some are even abroad. Investigation efficiency; for example, there are many funds, accounts, and gambling personnel involved in online gambling. In order to avoid blows, the process of capital circulation is often very complicated, and the identification of the crime amount is facing many practical difficulties. In view of this, the procedure rules of the information network crime must keep pace with the times and make corresponding adjustments and improvement.

In response to the rapid growth and continuous renovation of information network crimes, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on the basis of the "2014 Opinions" have conducted in -depth investigations and research, extensively solicited opinions, repeatedly demonstrated and improved, and formulated "Opinions". The procedures for information network criminal cases are uniformly stipulated. "Opinions" will be implemented on September 1, 2022, and the "2014 Opinions" is abolished at the same time.

Question: Please introduce the main considerations of the "Opinions".

Answer: The "Opinions" adheres to the guidance of Xi Jinping's new era of socialism with Chinese characteristics, in -depth implementation of Xi Jinping's thoughts on the rule of law and General Secretary Xi Jinping's important ideas on the power of the Internet, deepen the management of information network crime, and further regulate the procedures for the handling of information network crime cases Provide strong judicial guarantee for the construction of network power. Specifically, in the process of drafting, the following points are focused on:

The first is to implement new requirements and deepen criminal governance. General Secretary Xi Jinping emphasized that "cyber crime has become one of the important risks that endanger my country's national political security, network security, social security, economic security, etc." "without network security without national security." In December 2020, the Central Committee of the Communist Party of China issued the "Outline of the Implementation of the Construction of Social Construction (2020-2025)", which required "promoting social governance from real society to network space, establishing and improving the comprehensive network governance system, strengthening the network in accordance with the law, and running the network according to law. 2. Go to the Internet in accordance with the law, comprehensively promote the rule of law of network space, and create a clear network space. "" Opinions "thoroughly implemented the new deployment and requirements of promoting network governance, further improved the relevant program rules, punished information network crimes in accordance with the law, and deepened the network ecology in order to deepen the network ecology Governance and promoting the construction of online civilization provide strong judicial guarantee.

The second is to respond to the new situation and improve program rules. At present, the case of information network crime is still high, and the characteristics of crime chain, cross -regional, and technical characteristics are even more prominent. "2014 Opinions" cannot fully adapt to the new problems and situations of current information network crimes. In this way, the "Opinions" further clarify the procedure rules of relevant cases in accordance with the provisions of the Criminal Law, Criminal Procedure Law, and relevant laws and judicial interpretations, and combine the outstanding issues reflected in practice.

The third is to absorb new experience and serve the practice of case handling. The rules come from practice and serve practice. In recent years, the front -line public prosecution law organs have made many useful explorations in the process of handling information network crimes based on the practical situation and fully relying on information technology methods, forming some effective experience and practices. The "Opinions" absorb more mature experiences and practices in practice, refine it into a unified judicial rules, regulate case handling in accordance with the law, and effectively serve front -line practice. Question: In judicial practice, there are often jurisdictions in information network crime cases. What are the specifications of the "Opinions" on the jurisdiction of information network crime cases?

Answer: The information network crime has the characteristics of anonymity, remoteness, chain, and publicity. The jurisdiction of the case is more complicated than the traditional crime. According to the Criminal Procedure Law and relevant regulations, the law enforcement judicial practice based on the current information network crime has further clarified the jurisdiction rules.

The first is to clarify the crime of information network crime. In response to information network crime is often the characteristics of remote anonymous implementation. In order to facilitate the report of the victims, the "Opinions" determine multiple jurisdiction points in accordance with the law. It stipulates that the criminal place of information network criminal cases includes the server where the network service is used for criminal behavior. The location of the network service provider, the information network system and its manager's location, the criminal suspect, victim, or other persons involved in the crime, the location of the information network system used by the person involved, the place where the victim was infringed, and the property of the victim's property suffered losses. In the case of information network criminal cases involving multiple links, if the suspect helps the information network crime, the criminal place, place of residence, or the criminal place where the criminal place, or the help of the object can be investigated.

The second is to clarify the rules of the case of information network crimes. The "Opinions" stipulates that if one of the following circumstances, the public security organs, the People's Procuratorate, and the People's Court can handle the case within their duties: (1) a crime of one person; (2) the joint crime; The criminal suspect and the defendant also committed other crimes; (4) the criminal behavior performed by multiple criminal suspects and defendants, and the case treatment is conducive to finding the facts of all cases.

The third is to make clear the rules of the sub -case of information network crimes. The "Opinions" stipulates that the common crime or related criminal cases of the case investigation, with a large number of suspects and complicated cases, the public security organs may transfer the case to the review and prosecution. If the case is transferred to the review and prosecution, the basis of the investigation of the case and the reasons for the transfer of the case to the case shall be explained. If the relevant cases have not been shared, the People's Procuratorate may file a public prosecution, and the people's court may be tried in the case. If the public prosecution law authority has jurisdiction before the division case, the jurisdiction of the relevant cases after the division is not affected. The premise of the above -mentioned sub -case shall be based on the premise that the quality and efficiency of the lawsuit shall not affect the exercise of litigation rights such as the right to qualify for the person.

Question: Information network crimes are often implemented across regions. Cross -regional evidence collection has a certain universality, and related evidence collection work requires more information technology. Please introduce the provisions of the "Opinions" for cross -regional evidence collection.

Answer: Information network crime related bank accounts and network data often spread all over the world. Traditional evidence collection methods are used, which is time -consuming and laborious. To this end, the "Opinions" is based on the practice and provisions on the issue of evidence collection of information network crimes. in particular:

The first is to clarify the rules of retracting electronic data across regions. To handle information network criminal cases often requires cross -regional evidence to obtain evidence. In response to the problem of high electronic data costs and poor security, the Ministry of Public Security has built an informationization system for different places, creating conditions for the convenience and security of electronic data to take into account the extension of electronic data. Based on this, the "Opinions" clearly retrieve electronic data across regions, and can transmit relevant data electronic text through the informationization system of public security organs. At the same time, electronic data is required to use data electronic data to ensure the integrity of electronic data.

The second is to clarify the rules of inquiry (news). The "Opinions" stipulates that inquiry (News) If a suspect, a suspect who is related to the case of a different place, and a criminal suspect who is related to the case, may be carried out and produced by the public security organs of the case through remote network videos. For remote inquiries (News), the public security organs shall verify the identity of the person (News) in advance by the public security organs of the cooperative place. Inquiry (News) Ask the question (News) After the question is confirmed and signed by pages, and the fingerprint is seal, the collaborative staff of the cooperative place of the place of cooperation signed or stamped, and the original was provided to the public security organs of the case. For remote inquiries (News), the question (News) question (News) Question process recording and recording the process, and transfer with the case.

Question: In response to the large amount of evidence of information network crime cases, the "Opinions" will be added in accordance with a certain proportion or quantity of evidence. Please introduce relevant regulations and relevant considerations.

Answer: Many information network crimes involve massive evidence materials, and there are many people involved in the case. For example, in the criminal case of illegal control of computer information systems, hackers can control millions of computers through the website "hanging horses" and other methods. In this case, it is neither necessary, objective or obvious. A computer involved in the case determines the number of controlled computer information systems. Based on this, the "Opinions" made special regulations on the rules of massive evidence in accordance with a certain proportion or number of evidence collection.

The first is the selection of evidence. For information network crime cases, the number of evidence, documentary evidence, witness testimony, witness testimony, audiovisual data, electronic data and other evidence materials with similar nature, characteristics or functions of the same nature, characteristics or functions are not collected one by one due to objective conditions. Selected evidence for a certain percentage or quantity, and explained and demonstrated the selection situation. At the same time, in order to regulate the disposal of the property involved and protect the interests of the victims, the "Opinions" also stipulates that if the property involved needs to return the victim, the victim's loss should be found as much as possible. The second is evidence review rules. The People's Procuratorate and the People's Court shall review whether the proofing methods and processes are scientific. If the review believes that the evidence collection is unscientific, the original certification agency shall make supplementary instructions or re -obtain evidence.

The third is the rules of evidence. The People's Procuratorate and the People's Court shall review the evidence obtained in accordance with other evidence materials, as well as the suspects, defendants and their defenders, and their defense opinions. After review, if the relevant facts cannot exclude reasonable doubts, it shall make a determination of criminal suspects and defendants.

Question: "The apprenticeship is not enough." After the "Opinions" was released, what considerations did the "two highs and one" think of implementation work?

Answer: "Opinions" will play an important role in punishing information network crimes in accordance with the law and effectively maintaining clear network space. In the next step, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security will guide local people's courts at all levels, people's procuratorates, and public security organs to give full play to their functions, strictly regulate case handling procedures, punish information network crimes in accordance with the law, and continuously increase the information network space for information network space Criminal judicial protection intensity.

The first is to handle the case strictly in accordance with the law. Take strong measures to guide the local case handling agencies to strictly implement the relevant provisions of the criminal law, criminal proceedings law and the "Opinions", accurately grasp the requirements of the case handling procedures, effectively increase punishment, handle telecommunications network fraud, online gambling, infringe citizen personal information in accordance with the law, etc. Relevant cases highlight the focus of punishment, highlight the strict punishment, and respond to social concerns.

The second is to strengthen work connection. The means of information network crime is renovated, and criminal governance measures are required to be continuously optimized and upgraded. As far as the procedures for improving such cases, public security, procuratorial, and trial agencies should unblock law enforcement and judicial connection, strengthen work together, and better adapt to the practice of punishing information network crimes under the premise of strictly implementing the provisions of the Criminal Procedure Law. It is necessary to further regulate the jurisdiction and evidence collection and use of cases to ensure good results in the case handling.

The third is to strengthen the publicity of law popularization. We will conscientiously implement the responsibility system for "who enforce the law", combine the relevant information network criminal cases, guide the general public to consciously resist information network crimes, strengthen the ability to prevent information network criminal risk awareness, and jointly safeguard the clear network space and their own legitimate rights and interests.

(Source: Supreme People's Procuratorate WeChat Author: Single Pigeon)

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