Judicial Deviation and Rectification in Punishing Telecommunications Network Fraud Related Behavior
The crime of telecommunications network fraud is fueled by related assistance behavior.Therefore,China has put forward requirements for accurate identification of charges,correct identification of accomplices,and increased punishment for telecommunications network fraud related behaviors.However,in judicial practice,there are obvious phenomena such as excessive concentration of charge determination,deviation in joint crime determination,and lenient punishment discretion that deviate from the requirements of punishment.Targeted measures should be taken to rectify the deviation reasons,that is,to distinguish whether the subject of the behavior is the same and whether the behavior is independent of each other,and to choose one serious crime or a combination of multiple crimes for punishment.Causality should be used as a means to distinguish between pre-help and post-help,and different means of communication should be used to identify accomplices.A unified sentencing standard should be specifically formulated to clarify the impact of the exclusive sentencing factors for telecommunications network fraud.
telecommunications network fraud related behaviorjudicial deviationjudicial rectification
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