Crime of fraud, crime of concealing, crime of obstructing credit card management, crime of helping information network criminal activities, etc. The meaning of "two-card crime" refers to related crimes such as illegal trading of telephone cards and bank cards for telecommunication network fraud. Two-card crime belongs to telecom crime, involving a wide range. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
1. In handling telecommunication network fraud and related criminal cases, we must adhere to the whole chain and all-round attack, adhere to strict and quick punishment according to law, persist in maximizing and doing our best to recover losses, resolutely and effectively curb telecommunication network fraud and other criminal activities, and strive to achieve an organic unity of political, legal and social effects.
2. Focus on cracking down on telecommunication network fraud groups, gangs and their shareholders, core members, managers in charge of organization and management, focusing on cracking down on criminal groups and gangs specializing in illegal acquisition and sale of telephone cards and credit cards, as well as employees in telecommunications, banking and other industries colluding with each other.
3. In handling the case of "two certificates", if the perpetrator is a minor, a school student or an elderly person, or if the number of credit cards and phone cards cannot be reached for many times, the harm is not great, and education, assistance, punishment and warning are given priority to, which is generally not recognized as a crime.
4. Adhere to the combination of crackdown and governance, punishment and prevention, punishment and education, promote the establishment of a multi-level and multi-dimensional social governance system such as criminal crackdown, administrative punishment and credit punishment, and effectively curb the chaos of illegal crimes.
5. Knowing that others provide credit cards, mobile phone cards and communication tools, the actor provides them with technical support such as Internet access, server hosting, network storage and communication transmission, or provides them with services such as advertising promotion, payment settlement, illegal money extraction and transfer. , should be punished as a joint crime of fraud.
6. If the perpetrator provides technical support or help to others without knowing the specific criminal acts of online telecom fraud, it shall not be treated as a joint crime of fraud, and if it conforms to the provisions of Article 287 bis of the Criminal Law, criminal responsibility shall be investigated for the crime of helping information network crime.
Legal basis: Article 3 of the Civil Code stipulates that it is a crime and shall be convicted and punished according to the law; If the law does not clearly stipulate that it is a criminal act, it shall not be convicted and punished.
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.