Three Authorities Introduce Opinions on Application of Law in the Handling of Cross-border Telecom and Online Fraud and Other Criminal Cases
On July 26, the Supreme People's Court (SPC) and two other departments released the Opinions on Several Issues Concerning the Application of Law in the Handling of Cross-border Telecom and Online Fraud and Other Criminal Cases (the "Opinions").
The Opinions stipulate the overall requirements, application of laws, and procedural regulations, among others, with highlights in four areas: (1) adhering to an overall strict approach to demonstrate a stance of severe punishment; (2) maintaining a problem-oriented approach to address practical needs; (3) ensuring lawful crackdowns to prevent wrongful accusations and leniency; and (4) strengthening the recovery of illicit gains and the protection of property rights. The Opinions identify four key areas where punishment shall be imposed: legally targeting criminal groups and their organizers, planners, leaders, and key members; launching a crackdown on organizations that shelter cross-border telecom and online fraud and other criminal activities; focusing on the crimes committed by criminal groups such as intentional homicide, intentional injury, kidnapping, rape, forced prostitution, and illegal detention; and combating the criminal activities of organizing and transporting individuals to illegally cross borders (frontiers) for the recruitment of criminal groups involved in cross-border telecom and online fraud.
(Source: Supreme People’s Procuratorate)