Renting and selling phone cards, bank cards, and payment codes has become a tool for electronic fraud. What should be done? Recently, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued the "Opinions on Issues Related to Handling Criminal Cases Involving Assisting Information Network Crime Activities" (hereinafter referred to as the "Opinions"), and issued typical cases of punishing and assisting information network crime activities and related crimes in accordance with the law, unifying the standards for legal application. It is reported that this charge has become a "major disaster area" for young people, with over 80% of defendants under the age of 35 and up to one-third under the age of 25, especially among minors and school students. "ID cards, telephone cards, bank cards, Internet accounts, etc. cannot be rented, sold, lent, nor can they participate in" swiping "or" scoring ". Once used by criminals, they will become" accomplices "in crimes committed by others. ”Chief Judge Wang Bin of the Third Criminal Court of the Supreme People's Court said. In 2015, the Criminal Law Amendment (IX) added the crime of aiding information network criminal activities. Currently, new types of information network crimes such as telecommunications network fraud are high and frequent, giving rise to a large number of upstream and downstream related crimes. These related crimes provide assistance and technical support for telecommunications network fraud, and in turn become an important driving force behind the high and frequent occurrence of telecommunications network fraud crimes. Among them, the crime of aiding and abetting has become the most numerous, largest proportion, and most complex type of crime. ”Vice President Wang Lu of the Third Criminal Court of the Supreme People's Court said. Among the 20 anti fraud keywords released by the public security organs, "aiding and abetting behavior" ranks among them, which refers to the act of providing technical support or assistance to others who knowingly use information networks to commit crimes. From the information obtained by the public security organs, the abuse of telephone cards and bank cards remains one of the important root causes of the continuous high incidence of telecommunications fraud cases. ”Zheng Xiang, deputy director of the Criminal Investigation Bureau of the Ministry of Public Security, said that the Ministry of Public Security attached great importance to combating and controlling "two card" crimes, and carried out the "card breaking" action together with the Ministry of Industry and Information Technology, the People's Bank of China, the Supreme Court and the Supreme People's Procuratorate for many years. Since this year, the Criminal Investigation Bureau of the Ministry of Public Security has issued 780000 "broken card" clues, investigated and dealt with 230000 "two card" illegal suspect, killed more than 5500 illegal card groups, seized more than 170000 illegal "two cards", and captured 23 "insiders" of banks and operators. With the deepening of the 'card cutting' operation, the number of cases involving 'two cards' aiding and abetting crimes has grown rapidly, accounting for about 80% of all aiding and abetting crimes. ”Wang Bin stated that since 2020, the number of first instance cases of aiding and abetting crimes concluded by courts across the country has been increasing year by year, exceeding 100000 in 2023. With the deepening of the crackdown and governance work, although the number of aiding and abetting crimes in 2024 and the first half of this year has decreased significantly year-on-year, it is still at a high level; At the same time, the number of criminal cases involving the concealment and concealment of criminal proceeds related to "two cards" has also increased significantly during the same period. Although there has been a decline since last year, the overall trend of remaining high has not fundamentally changed. In order to better adapt to the changing situation of "two card" crimes, the "Opinions" further unify the criteria for determining the "serious circumstances" involved in "two card" crimes: the original standard of "serious circumstances" for selling or renting one's own bank account and payment account and reaching the corresponding transaction amount will be clarified as the "serious circumstances" standard for selling or renting one's own three bank accounts and payment account and reaching the corresponding transaction amount. The original provision that the acquisition, sale, or rental of more than 20 other people's phone cards constitutes a "serious situation" has been adjusted to no longer distinguish between others and oneself. As long as the acquisition, sale, or rental of more than 20 phone cards is considered a "serious situation". At the same time, in order to avoid objective attribution, it is necessary to verify whether the perpetrator meets the relevant criteria for criminalization in practice, and to avoid the risk of expansion based solely on the perpetrator's behavior judgment. Accurately grasping criminal policies: With the changing forms of "two card" aiding and abetting crimes, illegal groups such as professional card issuers and card maintainers have emerged, forming an organizational model of "card farmers card merchants card heads", providing "technical assistance" for overseas gangs. The work of cracking down on illegal and criminal activities related to the "two cards" still faces challenges. Zheng Xiang admitted that the problem of "two cards" with real names but not real people is still prominent. Some electronic fraud criminal gangs have acquired a large number of people's real name phone cards and bank cards, and even organized and used groups such as minors, students, and the elderly to commit crimes. In response to such situations, the "Opinions" have specifically made provisions, listing 8 situations that require strict punishment according to law, providing strong legal weapons for public security organs to crack down on organized, professional, and cross-border collaborative activities of aiding and abetting crimes. In practice, the handling unit should accurately distinguish between accomplices in the crime of aiding and abetting and accomplices in the crime of fraud in accordance with the "Opinions". Those who knowingly commit the crime of fraud, provide assistance to others, collude in advance or form a relatively stable cooperative relationship should be punished as accomplices in the crime of fraud, and must not be "helped" alone; To accurately grasp the criminal policy of balancing leniency and severity, we must adhere to the policy of 'education, persuasion, and rescue' for minors and school students, and impose lenient punishments in accordance with the law; But we need to organize specialized forces to strengthen the investigation and dig deeper, thoroughly investigate the organizers and instigators behind the scenes, and strictly punish them according to law. We cannot simply 'release' them. ”Zheng Xiang said. In the typical case announced this time, Gao, a student from a vocational and technical college in Shanghai, organized his classmates Gu and Shi (a minor), a student from a vocational college, to rent bank cards to others. After the incident, Gu and Shi withdrew their illegal gains of 3000 yuan and 2300 yuan respectively. Finally, the prosecutor's office decided not to prosecute Gu and notified his institution, recommending disciplinary action against him; The decision to not prosecute Shi is conditional, and the probation period is six months. Regarding the comprehensive and accurate implementation of the criminal policy of balancing leniency and strictness, Wang Lu said, "In this case, all three of them are students in school. The investigating authorities have dealt with them leniently in accordance with the law, and the procuratorial organs have made non prosecution decisions against Gu and Shi in accordance with the law. They have also strengthened communication and contact with the education department, schools, and families, urged strict management and education, and avoided recidivism According to statistical data, the defendants of current aiding and abetting crimes exhibit the characteristics of "three lows and one high": low age, low education, low income, and high proportion of first-time offenders. Some electronic fraud and money laundering criminal gangs take advantage of the weaknesses of minors and school students who are not deeply involved in the world and have weak legal awareness to lure and entice them to sell or rent their phone cards and bank cards, and even develop some minors and school students into "cardholders", causing serious social harm. Cracking down on governance fraud and related crimes is a systematic project. ”Wang Lu believes that while punishing professional and organized criminal activities, their organizers, commanders, and key personnel in accordance with the law, attention should be paid to differential treatment. The Opinion proposes a general requirement for lenient punishment of minors and students involved in cases according to law, and establishes a clause of "accurately grasping the criminal policy towards minors and other groups". It stipulates that minors involved in cases should adhere to the policy of "education, persuasion, and rescue". If the criminal circumstances are minor, they should generally not be prosecuted or exempted from criminal punishment. If the circumstances are significantly minor and the harm is not significant, they should not be treated as a crime according to law, and it is stipulated that lenient punishment for students in schools should be based on the above provisions. Wang Lu further stated, "For minors and students who are not subject to criminal conviction and punishment, we must not let them go and ignore them. 'Not being punished' is not 'ignoring', and exemption from punishment is not exempt from responsibility. We must follow the relevant provisions of the 'Opinions' and do a good job in connecting the execution. In addition, we must pay attention to thoroughly investigating those who organize and use minors, students and other groups to commit crimes, and strictly punish them in accordance with the relevant provisions of the' Opinions', and never tolerate them