摘要
中泰缅老四国警方启动打击赌诈集团专项联合行动以来,缅方部门累计向我方移交涉诈人员4.4万余名.针对境外涉诈回流人员的侦查取证、推进电诈犯罪综合治理成为侦查机关的常态化工作重点.基于电诈犯罪的非接触化、集团化、专业化等特性引发的受害主体时空分散、涉诈资金链路杂糅、刑责边界认定模糊、司法程序运行高压等问题,本质上由于大批量案件的"人—案"难以对应所致.应通过锚定"信息流""资金流""人员流"三维立体数据突破当前困境,即在"信息流"方面拓展多源异构涉网数据并进行碰撞、串联、拓展;在"资金流"方面以算法技术穿透涉案资金沉淀地址及去向并开展追踪;在"人员流"方面多角度结合涉案数据查实犯罪集团组织架构及其分工;在法律适用侧方面强化证据审查,充分发挥法律的教育惩戒和社会治理作用.
Abstract
Since the police of China,Thailand,Myanmar and Lao People's Democratic Republic launched a special joint operation to combat gambling and fraud syndicates,the Myanmar authorities have handed over more than 44,000 individuals involved in fraud to our side.The investigation and evidence collection of people involved in fraud returning from abroad and the promotion of the comprehensive management of telecommunication fraud crimes have become a routine focus for investigative agencies.The inherent characteristics of telecommunication fraud crimes,such as non-contact nature,organizational complexity,and professional execution,have led to issues like the dispersion of victims across time and space,complex entanglements in fraud-related funding chains,ambiguous boundaries of criminal liability,and high-pressure judicial procedures.These issues are essentially due to the difficulty in matching a large volume of cases with specific individuals——"people-to-case"difficulty.To overcome these challenges,we should focus on breaking through the current dilemma with three-dimensional data on"information flow","fund flow"and"personnel flow",which specifically means expanding and cross-referencing multi-source heterogeneous data related to the internet for"information flow",using algorithmic technology to penetrate and trace the addresses and destinations of funds involved in"fund flow"and verifying the organizational structure and roles of criminal groups involved through a multi-angle combination of case-related data for"personnel flow".On the legal application side,strengthening evidence review is essential to fully utilize the law's role in education,punishment,and social governance.