The "Anti -Electric Scam Law" involved in public security provisions. One card involved in the case can be fined 100,000 and detention for 15 days!

(This article is organized by the Chinese Anti -Fraud Alliance)

Editor's note: The "Anti -Telecommunications Network Fraud Law of the People's Republic of China" was approved by the 36th meeting of the Standing Committee of the 13th National People's Congress on September 2, 2022, and will be implemented from December 1, 2022. The Anti -Telecom Network Fraud Law has a total of 7 articles and 50 articles, including 18 provisions involving public security organs. It is organized as follows for everyone to learn:

Chapter 1 General Principles

1. The public security organs are responsible for anti -telecommunications network fraud work. Financial, telecommunications, Internet information, market supervision and other relevant departments perform their responsibilities in accordance with their responsibilities, and are responsible for anti -telecommunications network fraud in the industry. (Article 6)

Chapter 2 Telecom Governance

2. Telecom business operators and Internet service providers adopt technical measures to identify and block illegal equipment and software access to the network, and report to public security organs and relevant industry authorities. (Article 14)

Chapter III Financial Governance

3. The People's Bank of China coordinates the establishment of an anti -money laundering unified monitoring system for financial institutions and non -bank payment institutions, and combines the anti -money laundering suspicious transaction report system that is compatible with the characteristics of telecommunications network fraud crimes. (Article 18)

4. The public security department of the State Council, in conjunction with the relevant departments, establish and improve the instant query of telecommunications network fraud, emergency stop payment, rapid freezing, timely thawing, and capital return system, and clarify relevant conditions, procedures and relief measures. If the public security organs decide to take the above measures according to law, the banking financial institutions and non -bank payment institutions shall cooperate. (Article 20)

Chapter 4 Internet Governance

5. Internet service providers shall verify the relevant Internet accounts registered in the case of telephone cards and fraudulent telephone cards involved in the case, according to the risks, according to the requirements of the public security organs and telecommunications authorities. Re -registering and other disposal measures. (Article 22)

6. Public security, telecommunications, Internet information and other departments and telecommunications business operators and Internet service providers shall strengthen the key monitoring and timely disposal of fraud applications to download and disseminate fraud applications outside the distribution platform. (Article 23, paragraph 3)

7. If the public security organs handle the telecommunications network fraud cases to obtain evidence in accordance with the law, the Internet service provider shall provide technical support and assistance in a timely manner. When Internet service providers monitor relevant fraud information and activities in accordance with the provisions of this Law, if they find clues and risk information involving fraud and crimes, they shall be transferred to public security, finance, and telecommunications in accordance with the relevant state regulations and according to the relevant state regulations. , Online information and other departments. Relevant departments shall establish and improve the feedback mechanism to inform the transfer unit in a timely manner. (Article 26)

Chapter 5 Comprehensive Measures

8. Public security organs shall establish and improve the working mechanism for combating the management of telecommunications network fraud and strengthen the construction of specialized teams and professional technology. Police and local public security organs shall work closely and effectively punish telecommunications network fraud in accordance with the law. The public security organs receiving reports from telecommunications network fraud or discovery of telecommunications network fraud should be filed for investigation in accordance with the provisions of the Criminal Procedure Law of the People's Republic of China. (Article 27)

9. Public security organs shall also verify the personal information sources used in criminals at the same time, and investigate the responsibilities of relevant personnel and units in accordance with the law. (Article 29)

10. No unit or individual may be illegally traded, leased, borrowed telephone cards, Internet of Things cards, telecommunications lines, SMS ports, bank accounts, payment accounts, Internet accounts, etc., and shall not provide real -name verification help; Stand the above cards, accounts, accounts, etc. For those who have the implementation of the pre -paragraph behavior of the implementation of the pre -model behavior of the public security organs at or above the municipal level, as well as those who have been punished for criminal punishment for telecommunications network fraud or associated crimes, they can record the credit records in accordance with relevant national regulations It takes measures to restrict its related cards, accounts, accounts, and stop non -counter business, suspend new businesses, and restrict access to the network. If there are objections to the above identification and measures, a complaint may be filed, and the relevant departments shall establish and improve the channels for appeal, credit repair and relief systems. The specific measures shall be stipulated by the public security department of the State Council in conjunction with the relevant authorities. (Article 31)

11. The public security department of the State Council, the financial management department, the competent telecommunications department, and the national network information department shall coordinate the construction of anti -technical measures in the industry in the industry, promote the sharing of information and data from telecommunications network fraud samples, strengthen the cross -verification verification of fraudulent user information, establish establishment Monitoring and identification, dynamic blocking, and disposal mechanisms related to fraud -related information, activities. (Article 32)

12. Public security organs shall establish an early warning discouragement system in conjunction with the financial, telecommunications, and Internet information departments to organize banking financial institutions, non -bank payment institutions, telecommunications business operators, and Internet service providers. Corresponding dissuasion measures. The case of telecommunications network fraud should be strengthened, the recovery of the pursuit of stolen goods should be strengthened, the fund disposal system involved in the case should be improved, and the legal property of the victim should be returned in a timely manner. For victims who suffer from major life difficulties and meet the relevant national rescue conditions, the relevant parties will give assistance in accordance with regulations. (Article 34)

13. After decision or approval by the State Council's anti -telecommunications network fraud work mechanism, public security, finance, telecommunications and other departments can take the necessary temporary risk prevention measures in accordance with relevant national regulations. (Article 35) 14. For those who go to telecommunications network fraud activities, there are major suspicions of telecommunications network fraud activities, and immigration management agencies may decide that they are not allowed to go out of the country. Those who have been punished for criminal punishment for telecommunications network fraud, and public security organs at or above the municipal level of the district can decide to be out of the country within six months from six months to three years from the date of punishment. And notify the execution of immigration management agencies. (Article 36)

15. The public security departments of the State Council and other diplomats in conjunction with the foreign department to strengthen international law enforcement judicial cooperation, establish an effective cooperation mechanism with relevant countries, regions, and international organizations, and promote information exchanges, investigations, investigation, arrests, pursuing stolen goods through international police cooperation, etc. The level of cooperation in the aspects of loser loss effectively combats cross -border telecommunications network fraud activities. (Article 37)

Chapter 6 Legal Responsibility

16. Organizing, planning, implementation, participating in telecommunications network fraud activities, or helping with telecommunications network fraud activities, which constitute criminal criminal responsibility in accordance with the law. If the previous behavior does not constitute a crime, the public security organs will be detained for more than 10 days and less than 15 days; if the illegal income is confiscated, the illegal obtains shall be more than ten times more than ten times the fine. Fined fines of less than 100,000 yuan. (Article 38)

17. If the provisions of Article 14 and Article 15 of this Law are violated, the illegal income is confiscated by the public security organs or the relevant competent authorities of more than ten times the fines of more than ten times or less. For 50,000 yuan, a fine of less than 500,000 yuan; if the circumstances are serious, the public security organs will be detained for less than fifteen days. (Article 42)

Article 14, 1, any unit or individual shall not be illegally manufactured, traded, provided or used by the following equipment, software:

(1) Batch insertion equipment for telephone cards;

(2) Equipment and software that has functions such as changing the main name, virtual dial -up, and Internet telephone illegal access to public telecommunications networks;

(3) Automatic switching system for batch accounts and network addresses, and a platform for receiving SMS verification and speech verification in batches;

(4) Other equipment and software for implementing illegal crimes such as telecommunications network fraud.

Article 25 Paragraph 1, any unit or individual shall provide the following support or help for others to implement telecommunications network fraud activities:

(1) Sale and provide personal information;

(2) Help others wash money through virtual currency transactions and other methods;

(3) Other behaviors that provide support or help for telecommunications network fraud.

18. If the provisions of Article 31 of the Law will be confiscated, the illegal income shall be fined more than ten times the illegal institution of the public security organs. Fined fines below the yuan; if the circumstances are serious, they will be detained for less than fifteen days. (Article 44)

Article 31 Paradist of any unit or individual shall not be illegally traded, leased, borrowed telephone cards, IoT cards, telecommunications lines, SMS ports, bank accounts, payment accounts, Internet accounts, etc. Identity or fictional agency relationship opens the above cards, accounts, accounts, etc.

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