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It's about electric fraud punishment! The Ministry of Public Security openly solicits opinions →

Date: 2023-11-14 PageView: 8947

According to news from the website of the Ministry of Public Security of China on the 13th, in order to thoroughly implement the "the People's Republic of China Anti-Telecommunications Network Fraud Law", the Ministry of Public Security, together with relevant competent departments, recently drafted the "Joint Disciplinary Measures for Telecommunications Network Fraud and Related Crimes (Draft for Solicitation of Comments)" (Hereinafter referred to as "Disciplinary Measures (Draft for Solicitation of Comments)"), soliciting opinions from the society.

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There are 19 articles in the Disciplinary Measures (Draft for Comment), which mainly include six aspects: disciplinary principles, disciplinary objects, disciplinary measures, graded disciplinary, disciplinary procedures, and appeal verification. It follows the principles of legal identification, equal punishment, and dynamic management. It clarifies that individuals and units are included in the scope of disciplinary objects, stipulates specific measures for financial, telecommunications network, and credit disciplinary actions, and applies disciplinary actions at different levels according to the disciplinary objects, standardize procedures for review and identification, disciplinary period and notification, and clarify procedures and time limits for appeal, acceptance, verification, feedback and dismissal.

The "Disciplinary Measures (Draft for Comment)" insists on identifying and preventing in accordance with the law, and strictly follows the "Anti-Telecommunications Network Fraud Law" to determine the scope and identification standards of disciplinary objects, lists the specific behaviors that have been punished in accordance with the law, and distinguishes the city level with districts. Public security organs above the provincial level review and identify the scope of disciplinary objects, and effectively strengthen warning education to achieve the effect of crime prevention.

The ''Disciplinary Measures (Draft for Comment) ''insists on hierarchical punishments and equal punishments. For those who are held criminally responsible for the implementation of telecommunications network fraud and related crimes, the punishment period is 3 years; it has been recognized by the public security organs at or above the city level divided into districts The punishment period is 2 years. While comprehensively applying disciplinary measures such as financial disciplinary measures, telecommunications network disciplinary measures, credit disciplinary measures and inclusion in the basic database of financial credit information, the basic financial and communication services of the disciplinary targets are retained to ensure that their basic living needs are met and fully reflect the moderation of the disciplinary measures.

While strengthening punishment in accordance with the law, the "Disciplinary Measures (Draft for Comment)" implements dynamic management of disciplinary information data, clearly requires that the disciplinary basis, time limit, measures, and the right to appeal be notified in writing to the punished object, and clarifies the appeal, acceptance, and verification The procedures and time limits for work such as, feedback and dismissal fully protect the legitimate rights and interests of the punished object.

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