The judicial identification of the "honor" fraud case
October 16, 2019 09:51 Source: "Chinese Social Sciences" Journal of Social Sciences October 16, 2019, Total No. 1794 Author: Liu Jin

"Honor" fraud is a common way of crime in social life,refers to the use of the Internet illegal molecules、Telephone and other methods,With the banner of some authoritative agencies,Using the victim's desire to gain honor,promise to give the victim a certain honor title,And deceive the victim's money on the grounds of need to charge various fees。This type of fraud is common,All industries,While deceiving others' money,It also disrupts the normal order of society and related industries,Affects the sense of security and happiness of the people,Need to take the judicial practice department to carefully play judicial adjustment of social functions,Comprehensive and detailed review such cases,Accurately and effective cracking down on such crimes。

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About justification。Criminals were arrested by the judicial organs,Frequent arguments are often made,But it is usually concentrated in the following aspects: one,It is said that its organization is a legal institution,Awarded honor to the victim。In such crimes,Criminals to blind the victim,often self -packaged with legal coat,It is often argued that its institution is legal registration,A qualifications to issue corresponding honors。Since the mainland of my country is not allowed to register the name of the "Chinese Character",illegitimants usually register an institution with the name of "Chinese character" in Hong Kong, Macao and Taiwan, and outside regions,to attract the victim's eyeball。On the surface,These organizations are crowned with the words "China" and "China",In fact, it is used to use these "Chinese characters" to implement fraud,Even Bet365 lotto review the national ministries and commissions、Authoritative Research Association、major industry associations、Name of well -known enterprises,or lied that it is the directly -affiliated agency of the above unit,Victims are often deceived based on the "authority" of these institutions。

Its two,It is said that its company's operation is costly,The fee is in a reasonable range。Some criminals also argued that their company's charging standards are not high,and the fees charged are all used to issue honors to the victims and the operation and maintenance of corporate operation and maintenance。To confuse audiovisual,They often divide the "honor" issued by them into several gears of the price ranging from tens of thousands of yuan for the victims to choose,And said that it provides corresponding honors based on the victim's autonomous choice,There is also corresponding working costs,Add hydropower rental、Employee salary and other expenses,I think I have no improper profit。Need to pay attention,In this crime mode,As long as the victim agrees to apply for the relevant "honor" award and pay the money,can "evaluate" the prize,The so -called "Honor Certificate" is a "ground stall cargo" made by criminals,The cost paid by the victim is not used in the substantive award work。

Three,Calling it has fulfilled the notification obligation,The victim pays the honor to buy the honor out of voluntary。Some criminals also argued that they did not deceive the victim,Before the cost of the victim,I have told the victim about the relevant situation,It does not fictional facts,Even some people throw written documents such as contracts signed with the victims to prove that the victim has read the contract terms in advance,Pay money is out of voluntary。Need to pay attention,Such scams often wear a coat of civil legal behavior,Judicial workers must see the essence through bet365 Play online games the phenomenon,Although it is implemented with civil measures,But the essence is illegal possessing the property of the victim。In addition, it should also focus on whether the victim is in essence to be in essence.,Whether or not based on the error understanding and voluntarily delivered the money,Is there a causal relationship in the criminal law。

About evidence。Such cases often have the following outstanding problems in the investigation and evidence collection links: one,Evidence collection is not timely、Not comprehensive leading to the loss of evidence。Criminal behavior of such cases is continuous,From the initial victim to deceive to the case, the case was detected,Often longer,During this period, a large number of victims were deceived one after another。After the incident,Evidence materials involved in the first wave of victims may be annihilated due to a long time,or being artificially destroyed,At this time, if you do not make a comprehensive and thorough search for the place of crime at this time,,It may miss key evidence,Caused by incomparable losses to handling cases。Another,Criminal behavior of such cases is often called by call、mail letter、Send mail、Multiple links such as charging fees,Investigation agencies should pay attention to evidence of searching for the facts of criminal facts in each link,Pay attention to the horizontal proof of evidence,Avoid evidence chain deficiency ring,Generate "Wooden Barrel Effect",Caused the quality of the overall evidence of the case。

Its two,Evidence collection is relatively loose,Not strong targeted。Due to remote crime,There are many victims in such cases and spread all over the country,Within a limited case period,It is difficult to obtain evidence for the victims one by one,Evidence is weak,The correlation between each other is not strong。The judicial organs shall strengthen bet365 live casino games the collection of case evidence,other,The same criminal gang may also perform fraud against the victims in different names,Therefore, on the basis of comprehensive evidence collection,It should also focus on the facts of a specific type of victim as much as possible,Avoid evidence for not comprehensive。

Three,Evidence collection is difficult,Some victims are unwilling to cooperate。Some evidences of such cases have certain concealment,Not easy to extract,Evidence collection technical requirements are high。Criminals usually have certain anti -investigation awareness,To avoid being seized,Will ask employees to contact the victim with a pseudonym,and use false identity information to collect stolen money at the bank with an account,or deliberately encrypted key evidence in a computer used in the crime,Even after some criminal fraud succeeded, the company dissolved and destroyed relevant information,Add obstacles to investigation and evidence collection。Another,There are still problems with the enthusiasm of some victims to report the case。Although the overall crime amount is large,But specific to each victim,The amount of deceived is less,It is unwilling to report the case for the initiative。In addition, some victims have achieved small achievements in their related fields,Worried about the fact that the facts that you have been deceived will have a negative impact on its reputation,Therefore, unwilling to cooperate with evidence collection,Moreover, after some victims got a "Honor Certificate" for "issued" by the criminals,I didn’t realize that I was deceived at all,The report will not be able to talk about it。

  Pumping to clarify the evidence review thinking

First,Examine the business qualification of suspected organization。Criminal organizations in such cases often put themselves a "high hat" for winning the victims,or how to Bet365 lotto review register outside the domain,or use the name of the existing institution to implement fraud。So,The judicial organs shall focus on whether the registration procedure of suspected organizations is legal,Whether there is a legal business license、Certificate of qualifications; focus on reviewing whether the organization is used to use the name of other institutions,Whether to pretend to be a national organs、Public institutions or their subordinate agencies implement fraud,and whether the person involved in the case has other similar illegal criminal acts。

2,Pay attention to the collection of electronic data。Criminal behavior with such crimes、The Internet is an important criminal means,Criminal gangs to increase their credibility,Usually publishing false ads on the Internet,or specifically establish a false website for camouflage。For example, by guiding the victims to conduct qualification verification and other methods in person,Check the trust of the victim。So,The collection of evidence of false propaganda on criminal gangs should be paid attention to,For example, web advertisement、Website、IP address、Network port data, etc.。Another,Criminals often store the victim's identity information in the computer they use、Pay information information and other important evidence,and will pass QQ、WeChat、Email and other methods to contact the victim。So,Judicial organs should pay attention to the detained computer、Electronic data in multimedia terminals such as mobile phones。

Third,Focus on the flow of stolen money。This case is relatively late,Stubing money is usually difficult to recover。Criminals are to avoid investigation,Generally, the victims are not allowed to send the money directly to the individual of the salesperson,Instead, use the identity information of others to establish Bet365 lotto review a special account in the bank to collect stolen money,Then the special person is responsible for withdrawal。So,Flowing the flow of funds such as such cases should be reviewed,In particular, it is necessary to notice the situation where a large number of funds are remitted from the same account across the country,The flow of funds flows as a powerful evidence for allegations crime。At the same time,Criminals generally use the amount received to pay for office fees、Daily expenses、employee salary, etc.,The stolen money is often expected to be sold at the time of the incident,If the judicial organs can find out that its income money is not used in the company's legitimate business,but only used to pay for hydropower、Rent、Printing and other costs or individuals squandering,can further confirm the intentional fraud。

Fourth,Pay attention to the interrogation of the same case。Most of these cases are gangs' crimes,Generally, a criminal institution is established by the main criminal,After recruiting employees,Simple training to carry out business。The gang has a fixed organizational form,Internal division is clear,The leader generally does not perform fraud in person,Instead, the employee division of labor is responsible for a specific process,For example, the phone is responsible for calling by a special person,There is a set of professional words,Leg run、Dedicated people are responsible for withdrawal,Logistics is responsible for personnel, etc.,These same cases are familiar with the specific links responsible for themselves,Conferry and subtle specific,and most of them are criminals,The crime is relatively mild,Ideological Education by the judiciary,Easy to transform into stain witnesses,The testimony often becomes a strong evidence for the primary criminal。

In short,The judicial organs bear service to Bet365 lotto review ensure social development、Responsibilities to maintain fairness and justice,How to renovate the means of criminal behavior、How to change the trick,All need to draw cocoons from the fog chaos,Grasp the essence of the problem,That is to comprehensively determine whether the suspect has illegal possession of the property property of the victim illegally,Accurately crack down on such crimes,Maintain normal social order,escort for social and economic development。

  (Author Unit: People's Procuratorate, Haidian District, Beijing)

Editor in charge: Wang Ning
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