1. What are the defense contents of telecom fraud defense lawyers?
The defense contents of telecom fraud defense lawyers include: detailed personal basic information of the defendant; The factual basis and reasons for the fraud of the parties should not be identified; During the period of criminal detention, the parties actively cooperated with the investigation of the public security organs and the people's procuratorates and actively reported other gangs, so they applied for a mitigated punishment; The specific time of reply; Sign a contract, etc.
Second, the concept of telecom fraud
Telecom fraud refers to the criminal behavior that criminals fabricate false information and set up scams by telephone, internet, SMS, etc., and implement remote and non-contact fraud on the victims to induce the victims to remit or transfer money to the criminals.
20 16 12.20 Supreme Law and other three departments issued the Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunication Network Fraud, which once again clarified that those who use telecommunication network technology to commit fraud and defraud public or private property worth more than 3,000 yuan can be sentenced to life imprisonment at the highest.
Third, punish telecom fraud.
On April 7th, 20 1 1, the Supreme Court announced the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud. According to the explanation, telecom fraud will be severely punished. This judicial interpretation shall come into force on April 8, 20 1 1.
Explain the conviction and sentencing standards of fraud, and increase the minimum conviction threshold from 2,000 yuan to 3,000 yuan in combination with China's economic and social development reality and fraud crime situation. According to the explanation, swindling public and private property with a value of more than 3,000 yuan and 654.38+0,000 yuan is a "large amount" as stipulated in the Criminal Law, while those with a value of more than 30,000 yuan and 654.38+0,000 yuan are a "huge amount" and those with a value of 500,000 yuan are a "particularly huge amount".
The explanation defines telecom fraud as a situation that can be severely punished as appropriate, and stipulates that five situations should be severely punished as appropriate: sending short messages, making phone calls, or publishing false information through the Internet, radio and television, newspapers and magazines. Fraud against an unspecified majority; Defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials; Fraud in the name of disaster relief fund-raising; Defrauding the disabled, the elderly or the disabled of their property; Causing the victim to commit suicide, mental disorder or other serious consequences.
According to the explanation, if the attempted fraud is aimed at a huge amount of property, or there are other serious circumstances, it should be convicted and punished. Using telecommunications technologies such as sending short messages, making phone calls, and the Internet to defraud an unspecified majority of people, and the amount of fraud is difficult to verify. However, if you send more than 5,000 fraudulent text messages or make more than 500 fraudulent phone calls, and the fraudulent means are bad and the circumstances are serious, it should be recognized as "other serious circumstances" as stipulated in the Criminal Law and convicted and punished for fraud (attempted).
The Interpretation also stipulates that those who knowingly help others with credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, expense settlement, etc. shall be treated as the same crime.
With the rapid development of network communication in recent years, many lawless elements use telecommunications to cheat people, with various means and high turnover rate. Many people were cheated and their property was lost. The state has quickly formulated and promulgated a system of punishment measures for telecom fraud cases, and we also call on everyone to actively report the fraud around them and the whole society to jointly crack down.