Cambodian men were forced by the network fraud gang fraud, disobedient by blood, cross-border crime difficult to deal with

2022-05-06 0 By

The case of a Chinese man from Jiangsu province who was sold by an online fraud ring in Cambodia and “drew his blood for money” has attracted a lot of attention recently.These two days, there is news that a 23-year-old zhejiang girl was kidnapped in Cambodia, her parents were extorted 200,000 yuan.What are the legal issues involved in this kind of incident, what should be done when you encounter personal safety infringement abroad, and how difficult is the problem of transnational fraud to deal with?This kind of event mainly involves three issues.First, do Chinese laws have jurisdiction over criminal suspects who infringe on Chinese people abroad? Second, will they be punished by Chinese laws if they are coerced to commit crimes abroad? Third, what crimes are involved in and how will they be punished?Let’s start with the first one. From the perspective of China’s criminal jurisdiction, there are four principles: territorial jurisdiction, personal jurisdiction, protective jurisdiction and universal jurisdiction.In simple terms, it is a matter of concern.Chinese law has jurisdiction as long as one of the two parties, the victim and the offender, is Chinese.However, there is also a distinction of priority on the issue of jurisdiction. Generally speaking, due to the principle of territorial jurisdiction, the country where the crime was committed and the result was committed can be dealt with first.According to the provisions of The Criminal law of China, the minimum punishment is more than 3 years of imprisonment, and the country where the suspect is located has an extradition agreement with China, China may require the suspect to be extradited to China for processing.Second, the problem of duress crime.If the Jiangsu guy bowed to the threat of criminals and really carried out the crime of fraud, according to China’s Criminal Law, it is an accomplice under duress, and will be punished after returning home, which is the embodiment of the principle of personal jurisdiction.But because he did not take the initiative to commit the crime, the subjective malignancy is relatively small, according to the circumstances of the crime should be reduced or even exempted from punishment, the main offender should be severely punished.Third, the question of suspects.The suspect who kidnapped the girl in Zhejiang, extorted 200,000 yuan from the girl’s parents, the suspect who kidnapped the boy in Jiangsu, forced him to cheat, but also forced him to draw blood, these acts are suspected of kidnapping, fraud, intentional injury, illegal detention and so on.For those who commit multiple crimes at the same time, there are two ways of punishment: one is combined punishment for several crimes, and the other is an optional felony.A combination of several offenses is a different offense committed by a different act, and an optional felony is a different offense committed by the same act.Even if they are not sentenced to death or life imprisonment, the maximum sentence can be 20-25 years.Actually, when we decide to go abroad, we should first check the website of the Foreign Ministry, the website of our diplomatic missions abroad and the Website of China consular Service. If there is a travel warning, we should be alert.There is really no way, in foreign countries encountered personal safety infringement, try to find a way to the embassy for help, by the embassy intervention, is the best way.And the jiangsu guy’s experience – transnational telecom fraud, is also a headache for us, there are four difficulties in dealing with this problem.First, many fraudsters hide in foreign countries. As the Chinese police have no law enforcement power in investigating cases abroad, it is difficult to collect evidence and arrest them.Two, the suspect is very cunning, some will play the time difference, the police master the evidence and location, there will be “empty” situation.Third, the consumption and transfer of stolen money is relatively fast, it is difficult to recover.Fourth, or the issue of jurisdiction, there is no extradition agreement of countries, The Chinese police want to recover the money, the suspect back, difficulties.Jiangsu guy said lucky is not lucky, lucky is that he refused to submit to criminals, fraud on Chinese compatriots, adhere to the “Chinese do not cheat The Chinese”, did not become one of the criminals.Unfortunately, the criminals inflicted cruel abuse on his body, taking his blood and denying him food, which is likely to leave him sequelae that will affect his normal life in the future.But over the years, China has been catching crooks by the plane, and the man suspected of kidnapping a young man from Jiangsu province and a young girl from Zhejiang province will one day be on a plane back to China.I believe that in time, transnational fraud will not be a problem.There will be fewer and fewer victims like the guy in Jiangsu and the girl in Zhejiang.