Case Concerning Online Fraud of Yao XX and Others
(SPP Guiding Case No. 201)
Key words
Protection of minors online; Online fraud; Categorized handling; Graded intervention; Multi-departmental coordination; Digital prevention
Summary
In handling online fraud cases involving a large number of minors, emphasis should be placed on graded intervention of juvenile offenders to achieve categorized handling with precise guidance and education. Relying on prosecutorial supervision over investigation and multi-departmental coordination mechanisms, the people's procuratorates shall advise public security organs, on the basis of comprehensive evidence collection and fact-finding, to fully consider the circumstances of the minors involved in the case, comprehensively assess their subjective understanding of the illegality of their actions, and apply categorized dispositions in accordance with the law. During prosecution review, taking into account factors such as social investigations, psychological assessments, and risk evaluations, the people's procuratorates shall classify juvenile offenders and provide precise guidance and education. To address the challenges in preventing and controlling minors' involvement in online illegal and criminal activities, efforts should be made to promote the establishment of digital platforms by multiple departments, thereby achieving precise prevention of minors' involvement in online illegal and criminal activities.
Relevant provisions
Article 266 of the Criminal Law of the People's Republic of China
Articles 177, 277, 279, and 282 of the Criminal Procedure Law of the People's Republic of China
Article 100 of the Law of the People's Republic of China on the Protection of Minors
Articles 2, 28, 38 of the Law of the People's Republic of China on the Prevention of Juvenile Delinquency
Articles 3, 22, 27, and 30 of the Regulations on the Protection of Minors Online
