Source: Surging News
Author: Zhu Xuan, Liao Yan
Zhang (pseudonym) of the Chinese Academy of Sciences Zhang (pseudonym) was trapped in Myanmar.
The WeChat account of the Chinese Embassy in Thailand issued a report on the early morning of August 26 that recently, the Embassy in Thailand noticed that Zhang Mou, a Chinese citizen, was deceived by Thailand to be deceived in the Miaowa Land area in Myanmar.For a time, the relevant situation was verified through the Thai law enforcement organs and promoted the rescue work.On the evening of the 24th, the Thai police successfully found Zhang.The Embassy in Thailand and the Consulate General in Chiang Mai are working closely with the Thai police to strive to arrange them to return to China as soon as possible.
So what legal issues will Zhang face after being rescued?In this regard, Surging News interviewed legal experts and lawyers for analysis and interpretation.
Surging News previously reported that Zhang's girlfriend said that in 2022, Zhang, who did a scientific research in a botanical garden of the Chinese Academy of Sciences, owed some debts for speculating coins and wanted to translate in Southeast Asia and make money to repay the debt and remarry.Zhang arrived in Bangkok from Xiamen via Hong Kong, and then turned to Meso at the Thai -Myanmar border and took a car to Miaowa Date, Myanmar. When he was not sure, he had lost his freedom.He once told his girlfriend that he was forced to play a "person" and chatted with foreigners for fraud.He must sign a one -year contract with the other party to be released after the end.
During the trapped period, Zhang contacted his family one after another.In May of this year, Zhang sent a message to let his family raise ransoms, but the account was frozen during the transfer process.Later, Zhang's family called the police.This matter has aroused high attention.
What legal issues will facing after Zhang returned to China?
Deng Xiangrui, an associate professor at the Law School of Hunan University and Associate Professor of Hunan University, told Peng Mei News that according to the relevant regulations of Chinese criminal law, Chinese citizens who committed crimes stipulated by Chinese criminal law abroad shall be applied to China's criminal punishment.If Zhang is indeed forced to participate in fraud and belongs to the crime of fraud stipulated in the Chinese criminal law, it shall reduce the punishment or avoid punishment according to his criminal circumstances.
On the evening of August 25, Song Xingjian, a lecturer at the Law School of Hunan Normal University, told Peng Mei News that if Zhang participated in overseas telecommunications fraud criminal organizations and implemented telecommunications network fraud criminal behaviors abroad, after he returned to ChinaIt is identified as a crime of fraud.
Song Xingjian explained that this needs to be determined according to the crime plot: First, according to the two highs of the two highs on the application of criminal cases such as telecommunications network fraudThe cumulative time is more than 30 days. "It is the date calculation of the actual actor to join the fraud dens. If Zhang's fraud dens in Myanmar's Miaowa Line have been complied with this regulation.
Second, in the process of applying the crime of fraud, in order to determine whether Zhang needs to punish Zhang and the severity of the punishment, there are three criteria with different priorities. The "more than 30 days" belongs to the last one.First, it is necessary to determine the amount involved in his fraud, and the Supreme People's Court and the Supreme People's Procuratorate on the explanation of the number of issues of specific application laws for criminal cases of fraud cases.If 3,000 yuan (RMB, the same below, S $ 558), more than 30,000 yuan, and more than 500,000 yuan, shall be identified as the "large amount" in the crime of fraud, respectively, "huge amount", "the amount is particularly huge"; secondIn the case where the amount of fraud is difficult to verify, the quantity should be verified, that is, the number of fraud information (more than 5,000 pieces), the number of times of calling the fraud (more than 500)Quantity (more than 5000 times).Regarding the opinions of several issues in the application of criminal cases such as telecommunications network fraud, part of the second part (4) stipulates that even if the amount of fraud is difficult to verify, if it meets one of the aforementioned circumstances, it shall be identified as the "other serious circumstances" in the crime of fraud.The crime of fraud (attempted) was convicted; third, if the amount and quantity were unclear, the applied opinion (2) the standard of "the cumulative time for abroad to go abroad to go abroad for fraud is more than 30 days".
Third, there are many regulations that are conducive to Zhang during the sentencing process.First, the Chinese criminal law stipulates some torture plots that are beneficial to the defendant, including surrender, confessing, and merit. If he meets these sentencing circumstances, the court will be based on the guidance of the principle of adaptation of crime and punishment in accordance with the guidance of the principle of adaptation of crime and punishment.The attitude of pleading guilty and regret, determine whether he needs to be lighter, reduced or exempted criminal punishment in accordance with the law.The status is low, and the effect is small. It belongs to the criminals. According to the provisions of the criminal law, it should be lighted, reduced, or exempted from punishment.His criminal circumstances are reduced or punished or exempted; fourth, he belongs to the first offender, and the subjective malignant is not deep.
Song Xingjian said that if Zhang was originally out of the country to engage in legitimate activities, but he came to Miaowa Lite, Myanmar after several times.He was coerced by telecommunications fraud criminal organizations, signed a one -year contract with the other party. It was in a closed strict management. Personal freedom was controlled by telecommunications fraud criminal organizations. Her personal safety was also threatened.sex.Considering these factors, on the basis of identifying the crime of fraud, the court shall, in accordance with Article 28 of the Criminal Law, should be reduced or punished in accordance with his criminal circumstances to implement the criminal policy of leniency and strictness, and ensure that the penalty should be the penalty to be a penalty to be a punishment.crime.
