All are united to prevent and control the epidemic. Since the outbreak of the epidemic, medical supplies such as medicines and masks have been in short supply. Criminals have used people’s panic to deceive money in the name of selling scarce medical supplies. What’s more, criminals use people’s care for the people in the epidemic area to make donations and scams. . How to respond legally needs urgent analysis and exploration.
1. Fraud committed by borrowing the epidemic situation is not unique in the country
Since January 2020, the new coronary pneumonia epidemic has spread throughout the country, and the country has launched large-scale operations to fight the epidemic. In this case, everyone has the obligation and responsibility to fight the epidemic, but in this context, there are still Some citizens took advantage of their desires and took advantage of the panic mentality brought about by the epidemic out of luck. They defrauded others in the name of protective equipment and other reasons to seek illegitimate benefits. Criminal law also severely cracked down and punished them. On the morning of February 3, 2020, Ying Mou met the victim Wu Mou through WeChat and social software. He lied that he was a nurse in the Second People’s Hospital of Ningbo Yinzhou. He had special channels for obtaining special medical masks and fabricated a fake WeChat identity. The warehouse of Yinzhou Second Hospital The administrator made a transaction with Wumou and defrauded Wumou of masks to purchase 6295 yuan. According to the Weibo news of the Public Security Bureau of the Ministry of Public Security on March 4, a pharmaceutical company in Jingzhou, Hubei reported to the police station that the company's equipment department was fraudulently purchasing more than 630,000 yuan when purchasing online anti-epidemic materials. After being arrested, the criminal suspect Fan said that he issued fraudulent information on a large number of warm gun sources through WeChat Group to swindle enterprises and individuals, involving Hubei, Jiangsu, Guizhou, Shaanxi and other provinces and cities. The amount of money involved in the case is as high as More than 1 million yuan. The cases listed above are just the tip of the iceberg that used the epidemic to carry out fraud. The report on the trend of online fraud during the new crown epidemic was released on March 26, 2020. The report shows that the main type of fraud using the epidemic is false sales of epidemic prevention supplies. , Lied to provide hospital bed fraud, false charity donation fraud, ticket ticket refund and change fraud, fraudulent sale of fake medicine fraud, virtual currency speculation scam, and the number of reports and per capita losses are shown in the screenshot below:
It can be seen from the above data that fraud committed through the epidemic is not unique in the country, and it is necessary for the country to prevent and regulate such fraud through legal means.
2.The legal regulation of such frauds
Fictional facts, concealing the truth, fraudulent public and private property in the name of selling protective masks, medicines, etc., conviction for fraud according to Article 266 of the Criminal Law, if the amount is large, imprisonment of up to three years, detention or control , And impose a fine or a single penalty; if the amount is huge or there are other serious circumstances, it shall be imprisoned for more than three years and less than 10 years, and the fine; if the amount is particularly large or there are other serious circumstances, it shall be imprisoned for more than ten years or life. Imprisonment and fines or confiscation of property. Those who use people's panic psychology to commit fraud during the epidemic have destroyed the state's management order for epidemic prevention and control, and should be punished severely. Article 7 of the Supreme People’s Court and the Supreme People’s Procuratorate of the People’s Republic of China on May 7, 2003, “Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases That Prevent, Prevent and Control Emergent Infectious Disease Epidemic Situations,” Article 7 provides that During a disaster such as an epidemic of an infectious disease, if a large amount of public or private property is defrauded under the guise of researching, producing, or selling disaster supplies for the prevention and control of an epidemic of an infectious disease, a large amount of public or private property shall be convicted in accordance with the provisions of the Criminal Law on the crime of fraud, and severe penalties shall be imposed in accordance with the law. . In the case of Ying mask fraud mentioned above, after hearing the Yinzhou District People’s Court on February 7, 2020, during the prevention and control of outbreaks of infectious diseases, Yingmou pretended to sell counterfeit supplies for the prevention of outbreaks of infectious diseases. In the name of, defrauding others’ property, heavier punishment according to law. According to Article 266 of the Criminal Law of the People’s Republic of China, the Supreme People’s Court and the Supreme People’s Procuratorate’s “Interpretation of Several Issues Concerning the Specific Application of the Law to Handle Criminal Cases That Prevent Prevention and Control of Emergent Infectious Disease Epidemic Situations”, the court In the end, the defendant was sentenced to six months imprisonment and a fine of 1,000 yuan.
3. Conclusion
It is normal for the masses to have panic during the epidemic, but they must not go to the hospital in a hurry. We believe that the information on trail anti-epidemic materials purchased on the Internet and false public donation information, purchase anti-epidemic supplies, and contribute their love to the severely affected areas must pass the country Regular channels issued to protect your legitimate rights and interests, if you see information on the sale of non-formal anti-epidemic supplies and charitable donations on the Internet, you must report to the public security organ in a timely manner, and the public security organ will confirm it, so as not to cause more unknown truths. People are deceived. At the same time, the state should increase the publicity of the anti-fraud awareness of citizens, especially in areas with relatively low ideological and cultural levels, and vigorously promote anti-fraud awareness, and at the same time do a good job in registering information on the sale of regular anti-epidemic supplies so that the public can purchase through various methods. When it comes to regular anti-epidemic materials and supplies, in the end, it is necessary to severely punish those criminals who want to cheat and use the epidemic situation to defraud, which serves as a deterrent and an education.