New judicial rules to strike telecom fraud

China's judicial and law enforcement agencies on June 22 jointly issued a legal document to stop telecom fraud "on every link and dimension."

The 17-entry document, jointly issued by the Supreme People's Court (SPC), the Supreme People's Procuratorate, and the Ministry of Public Security, clarifies significant issues such as how to define the severity of an offense and an accomplice in a telecom fraud case, the SPC press release said.

China still sees a high incidence of telecom fraud and faces several new obstacles in containing them, said Li Ruiyi, a senior judge with the SPC.

For instance, said Li, many telecom fraud rings have moved their operations abroad and can still easily obtain mobile phone SIM cards and credit cards in China, two essential tools for these crimes.

The document pays particular attention to illegal transactions of SIM cards and payment accounts.

People who buy, sell, or lease credit cards, bank accounts, and SIM cards for or to telecom fraud rings will be considered accomplices, the document said.

"When offered such deals, one should be aware of the serious legal consequences and not surrender to petty profit," Li said.

Those who open mobile phone accounts, credit cards, bank accounts, and accounts of other payment platforms by fake or stolen IDs will be subject to criminal prosecution, the document said.

The severity of an offense by a fraud suspect usually depends on the amount of money he or she steals. Sometimes, however, it is difficult for prosecutors to identify the actual figure in a telecom fraud case.

To address the issue, the document regulates that a suspect who pays multiple visits to telecom fraud dens abroad or stays there for more than 30 days in a year will be considered as a serious offender.

Telecom fraud caused an economic loss of 35.37 billion yuan (5.47 billion U.S. dollars) across China in 2020, Li said.