Intentionally illegally crossing northern Myanmar to participate in electricity fraud and make money? How to prevent someone from seeking help and escaping crime? Police | Northern Myanmar | Telefraud

Recently, reports of domestic personnel being scammed into engaging in espionage in northern Myanmar with high salaries have repeatedly appeared in the newspapers and received widespread attention. At the same time, the subjective motives of some of them have also been questioned. According to a police officer who has been engaged in anti espionage and overseas persuasion and rescue for a long time, many people who have been trapped in the North Myanmar espionage park in recent years have voluntarily gone there, "and when they come back, they say they have been deceived."

How to prevent those involved in overseas wire fraud from escaping the crime under the pretext of being coerced? Therefore, Pengpai News interviewed legal experts and lawyers for analysis and interpretation.

In fact, there are not uncommon examples of domestic personnel illegally crossing to northern Myanmar to engage in fraud.

According to the WeChat official account of the Legal Daily, on August 15th, the second instance of the Bijie Intermediate People's Court in Guizhou announced a cross-border fraud case. The court found that the defendants Chen, Hu, and others had illegally crossed the border multiple times to Mengbo, Myanmar, in order to seek illegal benefits and violate border management regulations. They had established a fraud company that adopted hierarchical, modular, and institutionalized management, recruited more than 40 people from China, contacted snake heads, paid illegal immigration fees, organized illegal crossing of the border to Mengbo, Myanmar for training, and then implemented telecommunications network fraud through the "pig killing plate" method.

According to the audit, from June 2019 to March 2021, the fraud criminal group defrauded more than 80 victims in more than 20 provinces and cities including Guizhou, totaling more than 17 million yuan in property, with a particularly large amount.

According to media reports, a police officer who has been engaged in anti espionage and overseas persuasion and rescue for a long time stated that "the vast majority of people who have been trapped in the Myanmar North espionage park in recent years have voluntarily gone there and come back to say they have been deceived."

Red Star News previously reported that during an undercover investigation at Baidu Tieba's "Go Abroad Bar", the reporter discovered a large number of "job seekers" in the Tieba who hoped to be taken abroad to make a fortune. Among them, some people are aware of the risks of the electronic fraud park and still hold a mentality of luck or utilitarianism, hoping to go abroad to make money.

According to the report, Mr. A, a Chinese person who has lived in Myanmar for nearly 10 years and is currently doing business in Myanmar, also said, "It is not ruled out that some people voluntarily go to northern Myanmar with the idea of 'making big money by doing a lot of work', but they may not know that they will not achieve 'performance' there and will be beaten. When they return, in order to avoid legal sanctions, they say they were deceived." Ms. B, a senior executive at a well-known global chain hotel in Yangon, also holds the same view: "Most people who claim to be deceived to go to northern Myanmar are actually voluntary."

How to prevent some fraudsters from claiming to have encountered scams, being coerced into staying in fraud dens, and taking the opportunity to whitewash?

Zhao Liangshan, Senior Partner and Lawyer of Shaanxi Hengda Law Firm, believes that "fraudsters may resort to encountering scams, being coerced into staying in fraud dens, and taking advantage of the opportunity to whitewash." This possibility exists, but the probability is relatively small, because the key to preventing criminals from punishment is whether they are coerced. "Being coerced" is not only based on the severity of the injury, but also requires layers of screening such as case evidence, public security investigation, procuratorate review, and people's court trial. It is not an easy task to prove.

Zhao Liangshan said that for criminals who attempt to whitewash, they need to dispel their thoughts early on. As long as they engage in fraud, big or small, they will be held accountable. This is China's attitude towards combating telecommunications fraud. However, if it can be proven that they have been coerced, the law will also handle them fairly. Taking advantage of legal loopholes will only trap oneself deeper and deeper.

Song Xingjian, a lecturer at the Law School of Hunan Normal University, also believes that firstly, the subjective cognition of the actor can be examined from the perspective of evidence. For example, if the perpetrator is caught on the spot in an overseas fraud hideout, and the written materials or electronic documents such as attendance sheets and salary sheets seized can prove the fact that the perpetrator committed the fraud crime, or if there are co defendants who point out that the perpetrator participated in the fraud crime in an overseas telecommunications fraud organization, combined with the objective records of the perpetrator's participation in the overseas telecommunications fraud crime organization when leaving the country, it can be determined that the perpetrator is aware of the nature of the fraud crime committed.

Secondly, it can be judged from the role played by the perpetrator in overseas telecommunications fraud criminal organizations. If the perpetrator acts as an organizer, planner, commander, or backbone member in an overseas telecommunications fraud criminal organization, or recruits, lures, or uses multiple people to participate in telecommunications network fraud, it can be determined that the perpetrator did not participate in the crime based on coercion.

Finally, it is necessary to strengthen cross-border judicial assistance and carry out special cooperation to combat fraud crimes, in order to reduce the obstacles faced by China's judicial authorities in the process of collecting evidence and enable them to accurately determine the authenticity of the confession of the perpetrator. At the same time, German criminologist List once said, "The best social policy is the best criminal policy.". For first-time offenders, occasional offenders, minors, and school students who participate in overseas fraud crimes, education, persuasion, and rescue should be the main focus, fully mobilizing social resources in different fields, helping them to better return to society in the future and consciously stay away from fraud crimes.