Punishment Measures for Telecommunications and Network Fraud Crimes to Be Implemented: Tiered Punishment and Standardized Procedures
The Legal System for Combating and Governing Telecommunications and Network Fraud Crimes Has Been Further Improved. On November 26, the Ministry of Public Security jointly announced with multiple departments the “Joint Punishment Measures for Telecommunications and Network Fraud and Related Offenses”.
Zheng Xiang, Deputy Director of the Criminal Investigation Bureau of the Ministry of Public Security, introduced that the Ministry of Public Security, together with the National Development and Reform Commission, the Ministry of Industry and Information Technology, and the People’s Bank of China, recently issued the aforementioned “Punishment Measures”, which will be officially implemented on December 1, 2024.
The Paper noted that the “Punishment Measures” consist of 18 articles, mainly covering six aspects: punishment principles, punishment objects, punishment measures, graded punishments, punishment procedures, and appeal verification. Zheng Xiang explained that firstly, it clarifies the basis and principles. Article 1 of the “Punishment Measures” clarifies the basis for formulation, while Article 2 specifies that the principles of legal determination, proportional punishment, and dynamic management should be followed. Secondly, it determines the punishment objects. Articles 3 to 4 of the “Punishment Measures” define the scope and criteria for identifying punishment objects. Thirdly, it details the punishment measures. Articles 5 to 8 stipulate specific measures for financial, telecommunications and network, and credit punishments, clarify the conditions for applying credit punishments and inclusion in the basic database of financial credit information, and refine the relevant punishment measures stipulated in Article 31 of the “Anti-Telecommunications and Network Fraud Law”. Fourthly, it adopts graded punishments. Articles 9 to 10 of the “Punishment Measures” clearly stipulate that punishment periods of 2 or 3 years are set for different punishment objects, and for those repeatedly included in the punishment list within the punishment period, the continuous execution of the punishment period shall not exceed 5 years. At the same time, it distinguishes the punishment measures applicable to different punishment objects, fully reflecting the appropriateness of the punishment. Fifthly, it regulates the punishment procedures. Articles 11 to 13 regulate the specific procedures for review and determination, punishment notification, and punishment execution, improving and perfecting the joint punishment working mechanism. Sixthly, it sets up an appeal procedure. Articles 14 to 16 clarify the procedures and time limits for appeals, acceptance, verification, feedback, and removal, fully protecting the legitimate rights and interests of the punished objects.
It is worth mentioning that while comprehensively applying punishment measures such as financial punishment, telecommunications and network punishment, and credit punishment, the “Punishment Measures” retain basic financial and communication services for the punished objects to ensure their basic living needs are met, fully reflecting the appropriateness of the punishment.
While strengthening legal punishments, the “Punishment Measures” establish appeal channels. If it is found that the punishment determination is indeed incorrect, the punishment measures shall be promptly lifted to fully protect the legitimate rights and interests of the appellant.
Zheng Xiang stated that the Ministry of Public Security will organize public security organs nationwide to strictly implement the relevant provisions of the “Punishment Measures”, establish and improve a comprehensive and multi-dimensional three-dimensional punishment system, and further curb telecommunications and network fraud and related offensive criminal activities. Firstly, it will refine work measures, further refine and standardize the approval process, appeal handling, and internal supervision, ensuring that the “Punishment Measures” are implemented in detail, making them more operational and normative. Secondly, it will organize system development, establish data interaction channels with the National Development and Reform Commission, the Ministry of Industry and Information Technology, and the People’s Bank of China, and utilize information technology to collect, organize, report, and share joint punishment information, achieving closed-loop management throughout the process. Thirdly, it will conduct extensive publicity, enhance the public’s awareness of personal information protection and legal awareness of using accounts, SIM cards, internet accounts, etc., deeply carry out source control of fraud-related black and gray industries, and strongly suppress the survival space for criminal activities related to fraud-involved black and gray industries.
