With reference to Article 16 of the Procedures for Handling Criminal Cases by Public Security Organs, public security organs can have jurisdiction over the location of the website server used to commit crimes, the location of the website builder or manager, the location of the infringed computer information system and its manager, and the location of the computer information system used by criminals and victims in the process of committing crimes.
With reference to Article 110 of the Criminal Procedure Law of People's Republic of China (PRC), any unit or individual has the right and obligation to report to the public security organ, the people's procuratorate or the people's court when it discovers criminal facts or criminal suspects. Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts.
Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
Extended data
Referring to Article 111 of the Criminal Procedure Law of People's Republic of China (PRC), reports, complaints and reports can be made in writing or orally. The staff who accept the oral report, complaint or report shall make a written record, which shall be signed or sealed by the informant, complainant and informant after being correctly read out.
The staff who accept the complaint and report shall explain the legal responsibility of false accusation and frame-up to the complainant and informant. However, as long as it is not fabricating facts and evidence, even if the facts of the accusation and report are different, or even false accusation, it should be strictly distinguished from false accusation.
Public security organs, people's procuratorates or people's courts shall ensure the safety of informants, complainants, informants and their close relatives. Informants, complainants and informants who are unwilling to disclose their names and report, accuse and report their acts shall keep them confidential.
Referring to Article 266 of the Criminal Law of People's Republic of China (PRC), the crime of fraud: defrauding public or private property, if the amount is relatively large, 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.
Referring to Article 1 of the Interpretation of the Supreme Law and the Supreme People's Procuratorate on the Specific Application of Legal Issues in Handling Criminal Cases of Fraud, those who defraud public or private property in the amount of 3,000 to 10,000 yuan, 30,000 to 100,000 yuan and 500,000 yuan shall be deemed as having a large amount, huge amount and extremely huge amount as stipulated in Article 266 of the Criminal Law.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
Referring to Article 2 of the Interpretation of Two Universities on the Specific Application of Legal Issues in Handling Criminal Cases of Fraud, whoever defrauds public or private property reaches the amount standard stipulated in Article 1 of this Interpretation and has one of the following circumstances may be given a heavier punishment as appropriate in accordance with the provisions of Article 266 of the Criminal Law:
(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;
(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;
(three) fraud in the name of disaster relief fund-raising;
(four) defrauding the disabled, the elderly or the disabled;
(5) Causing the victim to commit suicide, mental disorder or other serious consequences.
If the amount of fraud is close to the standard of "huge amount, especially huge" stipulated in Article 1 of this interpretation, and it falls into one of the circumstances stipulated in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be separately recognized as other serious circumstances and other particularly serious circumstances stipulated in Article 266 of the Criminal Law.
Referring to Article 5 of the Interpretation of Two Universities on the Specific Application of Legal Issues in Handling Criminal Cases of Fraud, those who attempt to defraud, take huge amounts of property as the object of fraud, or have other serious circumstances shall be convicted and punished.
Using telecommunications technologies such as sending short messages, making phone calls, and the Internet to defraud an unspecified majority of people, and the amount of fraud is difficult to verify. However, under any of the following circumstances, it shall be deemed as other serious circumstances stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted):
(1) Sending more than 5,000 pieces of fraudulent information;
(2) Making fraudulent phone calls for more than 500 times;
(3) The fraudulent means are bad and the harm is serious.
If the number of acts specified in the preceding paragraph reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or if the fraudulent means are particularly bad and the harm is particularly serious, it shall be deemed as other particularly serious circumstances specified in Article 266 of the Criminal Law and convicted and punished for fraud (attempted).
Referring to Article 9 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on the Specific Application of Legal Issues in Handling Criminal Cases of Fraud, the fraudulent property and its fruits that have been sealed up, detained or frozen after the incident, if the ownership is clear, shall be returned to the victim; If the ownership is unclear, the victim may be returned according to the proportion of the defrauded money and goods to the total amount of property and fruits seized, detained or frozen in this case, but the compensation already returned shall be deducted.
Wen county Public Security Bureau-Procedures for Public Security Organs to Handle Criminal Cases
Xishuangbanna Public Security Bureau-People's Republic of China (PRC) and China Criminal Law
The Supreme People's Procuratorate-People's Republic of China (PRC) Code of Criminal Procedure
The Supreme People's Procuratorate-Gao Liang's explanation on the specific application of legal issues in handling fraud criminal cases