General Principles for the Definition of Telecommunications Network Fraud Cases
In judicial practice,there is a tendency to characterize telecommunications network fraud cases too broadly,and the boundaries between telecommunications network theft,ordinary fraud and telecommuni-cations network fraud have not been clarified.Telecommunications network fraud should first constitute a crime of fraud,and it cannot pay one-sided attention to the relevant circumstances of technical means and ignore the basic attributes of the crime of fraud.The identification of all frauds using telecommunications network technology as telecommunications network fraud is a misreading of judicial interpretation and does not conform to the general principle of severe punishment.Targeting an unspecified majority of people is an essential attribute of telecommunications network fraud.Therefore,the social harmfulness of the case should be comprehensively evaluated based on factors such as the role of technical means,whether the vic-tim group is specific,and the necessity of retribution and prevention,so as to achieve the accurate defini-tion of telecommunications network fraud.
telecommunications network fraudthe crime of fraudqualitative principletheft and fraud intertwinedcrime
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