电信网络诈骗案件中的疑难问题探讨

发布时间：2019-03-25 19:24

【摘要】：电信网络诈骗作为一种新的诈骗犯罪类型,近年来诈骗手法不断演变更新,案件取证难度不断加大,造成案件审理过程中常常遇到诈骗数额、主观明知、既遂与未遂、一罪还是数罪、主从犯、涉案财物处理等法律适用和事实认定的审理难题。日前,"两高一部"下发的《关于办理电信网络诈骗等刑事案件适用法律若干问题的意见》为部分审理难题的处理提供了有效指引和解决出路,但受相关规定的内容有限且电信网络诈骗犯罪行为的特殊性等因素影响,实践中仍面临不少审判难题亟待研究处理。本文结合A市法院的审判实际,深入研究应对该意见实施之后的新情况、新问题,统一认识,规范做法,确保案件审判实现政治效果、法律效果、社会效果的高度统一。
[Abstract]:Telecommunication network fraud, as a new type of fraud crime, has been evolving and updating in recent years, and the difficulty of obtaining evidence in the case has been increasing, which often results in the amount of fraud, subjective knowing, accomplished and attempted in the process of trial of the case. A crime or a number of crimes, principal and accessory, the handling of property involved in the application of the law and the facts of the trial difficult problems. A few days ago, the "opinions on certain legal issues applicable to handling Criminal cases such as Telecommunication Network Fraud" issued by the "two High Schools and one Edition" provided effective guidance and solutions for dealing with some of the difficult problems in trial. However, due to the limited content of the relevant regulations and the particularity of the telecom network fraud crime and other factors, there are still many trial problems that need to be studied and dealt with in practice. Combining with the trial practice of A City Court, this paper deeply studies the new situation, new problems, unified understanding and standardized practices after the implementation of this opinion to ensure the high unity of political effect, legal effect and social effect in the trial of a case in order to realize the political effect, the legal effect and the social effect.
【作者单位】：福建省厦门市中级人民法院;厦门大学附属第一医院法务办;
【分类号】：D924.3

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