New rules for information network crime handling: Cross -regional case handling clear remote network video form

The 21st Century Economic Herald reporter Wang Feng reported that on August 30, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued the "Opinions on the Application of Criminal Procedures for Criminal Procedures for the Application of Criminal Procedures for Criminal Cases" (hereinafter referred to as "Opinions").

The "Opinions" further regulates the procedures for the handling of information network crime cases, and provides strong judicial guarantees for promoting the construction of a web power.

Information network crime growth is obvious

The information network crimes referred to in the "Opinions" mainly include three categories: a criminal case that is harmful to the security crime of computer information system; criminal cases that refuse to perform information network security management, illegally use information networks, and help information network criminal activities; the main acts are implemented through information networks through information networks Other criminal cases such as fraud, gambling, infringing citizen personal information.

Data show that from 2017 to 2021, the first instance of the national courts involved more than 282,000 cases of information network crimes, involving more than 660,000 defendants, and the number of cases was increasing year by year. In 2021, 57.18%, 28.43%, 20.90%, and 104.56%were increased year -on -year, respectively.

Among them, the number of fraud cases accounted for 36.53%, and the proportion of casino cases was 14.81%.

The person in charge of the relevant departments of the "two highs and one" pointed out in the answer to the reporter that the progress of information technology has also reduced the technical threshold of information network crimes while increasing the convenience of application. The chain of crime, cross -geographicality, and publicity characteristics are even more prominent. The form of crime is becoming more complicated, the social harm is more serious, and the difficulty of preventing and investigating and investigating and investigating and investigating and investigation has further increased.

For example, the victims of telecommunications network fraud are often spread across the country, and the behavior chain is responsible for technical support, drainage, capital transfer, withdrawal, etc., may be distributed in many places, and some are even abroad. Investigation efficiency.

For another example, there are many funds, accounts, and gamblers involved in online gambling. In order to avoid blows, the process of funds is often very complicated, and the identification of the crime amount is facing many practical difficulties.

In view of this, the procedure rules of the information network crime must keep pace with the times and make corresponding adjustments and improvement.

Clarify the criminal place and reduce jurisdiction disputes

Information network crime has the characteristics of anonymity, remoteness, chain, and critical nature. The jurisdiction of the case is more complicated than the traditional crime. The "Opinions" further regulated the jurisdiction of information network crime cases.

According to reports, in accordance with the jurisdiction of criminal cases on criminal cases on the jurisdiction of criminal proceedings, the criminal land of information network crime includes the location of the server used for network services used to implement criminal behavior, the location of the network service provider, and the infringed information network. In the process of the system and its managers, criminal suspects, victims, or other persons involved in the information network system used by the crime, the location of the victim when the victim was infringed, and the land of the victim's property suffered losses.

This determining the place of crime is often the characteristic of remote anonymous implementation for information network crimes, which is convenient for victims to report the case.

In the case of information network criminal cases involving multiple links, if the suspect helps the information network crime, the criminal place, place of residence, or the criminal place where the criminal place, or the help of the object can be investigated.

In order to reduce the dispute between the jurisdiction of the information network crime case, the Opinions also clarified the issues of the cases of such cases and the rules of handling the case and the designated jurisdiction.

A prosecutor of a municipal procuratorate in the western region told the 21st Century Business Herald that there will often be jurisdiction objections in telecommunications network fraud, and judicial policy stipulates that jurisdiction is defined in accordance with the principle of litigation.

But in practice, the understanding of the principles of litigation is not consistent. Some believe that the trial agency where the investigation organs that are first involved in the investigation are determined, and some believe that the procuratorial organs should be given the power to decide to prosecute the jurisdiction.

The "Opinions" stipulates that there are multiple criminal information network criminal cases, which are investigated by the initially accepted public security organs or major public security organs. For controversy, in accordance with the principles that are conducive to investigating the facts of the crime and conducive to the lawsuit, the negotiation is resolved; if the negotiation cannot be reached, the joint public security organs shall designate the relevant public security organs for investigation. Those who need to be approved to be approved, transferred to the review and prosecution, and a public prosecution shall be accepted by the people's procuratorate and the people's court where the public security organs are investigated.

Remote online video introduction to off -site case handling

Information network crimes are often implemented across regions, and cross -regional evidence collection has a certain universality. Relevant bank accounts and network data are often spread all over the world, using traditional evidence collection methods, which takes time and effort.

To this end, the "Opinions" is based on the practice and provisions on the issue of evidence collection of information network crimes.

The Ministry of Public Security has established an informationization system in a different place, creating conditions for the convenience and security of electronic data that takes into account the different places.

Based on this, the "Opinions" clearly retrieve electronic data across regions, and can transmit relevant data electronic text through the informationization system of public security organs. At the same time, electronic data is required to use data electronic data to ensure the integrity of electronic data.

The "Opinions" stipulates that inquiry (News) If a suspect, a suspect who is related to the case of a different place, and a criminal suspect who is related to the case, may be carried out and produced by the public security organs of the case through remote network videos.

For remote inquiries (News), the public security organs shall verify the identity of the person (News) in advance by the public security organs of the cooperative place. Inquiry (News) Ask the question (News) After the question is confirmed and signed by pages, and the fingerprint is seal, the collaborative staff of the cooperative place of the place of cooperation signed or stamped, and the original was provided to the public security organs of the case. For remote inquiries (News), the question (News) question (News) Question process recording and recording the process, and transfer with the case.

Can obtain evidence according to a certain proportion or quantity

Many information network crimes involve massive evidence materials, and there are also many people involved in the case, which cannot be obtained one by one.

For example, in the criminal case of illegal control of computer information systems, hackers can control millions of computers through the website "hanging horses" and other methods. In this case, it is neither necessary, objective or obvious. A computer involved in the case determines the number of controlled computer information systems.

Based on this, the "Opinions" made special regulations on the rules of massive evidence in accordance with a certain proportion or number of evidence collection.

The "Opinions" stipulates that the case of information network criminal cases is particularly large and similar, characteristic or functional, and physical evidence, witness testimony, victim statement, audiovisual data, electronic data and other evidence materials. If it is collected, evidence should be selected in accordance with a certain proportion or quantity, and the selection situation shall be explained and demonstrated.

However, in terms of evidence censorship rules and the rules of acceptance, the "Opinions" also provides to ensure the science of evidence collection.

In terms of review rules, the People's Procuratorate and the People's Court shall focus on the scientific methods and processes of evidence collection and processes. If the review believes that the evidence collection is unscientific, the original certification agency shall make supplementary instructions or re -obtain evidence.

In terms of admission rules, the People's Procuratorate and the People's Court shall review the evidence obtained by other evidence materials, as well as the argument and defense opinions of the suspects, the defendant and their defender. After review, if the relevant facts cannot exclude reasonable doubts, it shall make a determination of criminal suspects and defendants.

In response to the number of information network crimes with a large number of people involved in the case, the "Opinions" stipulates that if the evidence is unable to collect evidence due to objective conditions, and verify the source of account funds involved in the case. Materials make a comprehensive determination of the amount of crime.

The prosecutor of a municipal procuratorate in the western region mentioned above told the 21st Century Business Herald that this was very helpful for handling the number of telecommunications network fraud cases involved in the case, reducing the proof of the victim's identity, and more conducive to cracking down on telecommunications network fraud. "But in reality, some victims have not used real -name authentication online accounts, and their identity verification and investigation have great difficulties. In addition, transaction records and other evidence materials need to be further studied.

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