Research On The Identification Of Joint Criminals Of Telecom Network Fraud

Telecom network fraud crime is the extension of traditional fraud crime in the network world,and it is constantly updated and iterated with the development of society.However,with the support of the Internet,its criminal pattern has also changed.With the use of technical means and the continuous refinement of crime,the crime of telecommunication network fraud often appears in the form of joint crime,and gradually presents the large-scale crime mode of corporatization and collectivization.The fraud organization is very tight,and the criminals perform their respective duties,with division of labor and cooperation,just like the teeth of a gear,which jointly maintain the normal operation of the crime of telecommunication network fraud.In order to effectively combat the common crime of telecommunication network fraud,in December 2016,the Supreme People’s Court,the Supreme People’s Procuratorate and the Ministry of Public Security jointly issued the Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases such as Telecommunication Network Fraud(hereinafter referred to as the Opinions),in which the third part made detailed provisions on the comprehensive punishment of related crimes,However,the subjective requirements for the establishment of a joint crime of telecommunications network fraud have not formed a unified identification standard,which has led to the phenomenon of different judgments in the same case in judicial practice.Therefore,it is necessary to start with joint crime,analyze the current judicial situation,summarize the difficulties in identifying joint crime of telecommunication network fraud in practice,and provide solutions to relevant problems on the basis of full analysis of existing criminal law theories.In practice,the problems existing in the joint crime of telecommunication network fraud mainly include the following points: to establish the helper of the crime of telecommunication network fraud,whether the subjective aspect of the perpetrator only needs "knowing" or must reach the degree of "conspiracy in advance";How to define the degree of "knowing";The identification standard of the principal and subordinate of the joint crime of telecommunication network fraud.In this regard,we should make it clear that the problems related to the joint crime of telecommunication network fraud still need to be analyzed within the framework of the traditional joint crime,and at the same time,we should fully consider the new characteristics of the telecommunication network fraud crime in the new era,and make a specific analysis of it.In order to establish an accomplice of a telecommunication network fraud crime,both subjective intent and objective behavior must be present.The perpetrator’s subjective aspect cannot only have knowledge,and knowledge is only a component of the intent to help.It should be identified according to the standard of "intention contact",firmly grasp the essential requirement of "psychological merit",and conduct substantive identification of intention contact.With regard to the identification of the principal and subordinate offenders,because different people have different understanding of the "main role",when identifying the role of each actor in the fraud group,we should fully combine the multi-level and high-tech characteristics of the telecommunications network fraud to judge the status of the actor in two steps,and at the same time,in combination with the situation of sharing the stolen goods,we should analyze different types of actors under the guidance of the principle of suiting crime to punishment,The perpetrators with higher status in the fraud group,such as organizers,managers,technicians and heads of various departments,should be identified as the principal offenders,and those who only engage in business work in the fraud organization should be identified as accomplices.