Promulgation Date: 2020-4-9 Title: Notice on Strictly Combatting Cross-border Gambling and Telecom Network Fraud During the Covid-19 Epidemic Period Document Number: Fafa (2020) #38 Expiration date: Promulgating Entities:Ministry of Public Security Source of text: https://www.mps.gov.cn/n2253534/n2253535/c7098816/content.html
Cross-border gambling and telecom network fraud are crimes that seriously injure the public's lawful rights and interests and seriously impact health economic and social development. Especially since the onset of the coronavirus epidemic, foreign casinos and gambling websites have increased their efforts to recruit our citizens for gambling, and some lawless individuals have brazenly used the epidemic to carry out telecom network fraud. These two types of criminal organizations and individuals are also linked to each other, making the harm more pronounces, and it is necessary to resolutely punish them in accordance with law. The following announcement is hereby made on lawfully combating cross-border gambling and telecom network fraud, on the basis of the "Criminal Law of the P.R.C." and the "Criminal Procedure Law of the P.R.C.", so as to safeguard the public's lawful rights and interests and to maintain good economic and social order.
I. Anyone who carries out crimes of cross-border gambling or telecom network fraud, either domestically or abroad, as well as those who teach criminals the means of committing these crimes or provide assistance such as network technical support or funding, are to be strictly punished in accordance with law.
II. For anyone who engages in related criminal activity from abroad, the public security organs will 'require investigation of those returning from abroad', individually investigating and getting to the bottom of it in order to combat and punish it. Where engaging in cross-border gambling and telecom network fraud from in the current stage or resuming work and production causes persons or companies in the country to suffer asset losses or other such circumstances, they will be given a heavier punishment in accordance with law. At the same time, participation in cross-border gambling activities is illegal conduct and the public security organs will lawfully investigate and handle any participants in the gambling.
III. Immigration departments will collaborate with other relevant departments to strengthen entry controls, strengthen patrols of border regions, and lawfully combat illegal border (boundary) crossings, to promptly discover and strictly punish those suspected of violations or crimes of cross-border gambling or telecom network fraud from leaving or sneaking into the country. For those who know they are infected or might be infected with Covid-19 but still cross the border or sneak across the border, causing the spread of the disease or a serious risk of such transmission, the public security organs will open a case and investigate them on suspicion of endangering public security, obstructing infectious disease prevention and control, and impeding border health and quarantine as well.
IV. Public security organs will work with the relevant departments to strengthen the comprehensive management of cross-border gambling and telecom network fraud by increasing control of illegal funds, seriously investigate and punishing the wave of payment organizations that violating laws and regulations in providing settlement services for cross-border gambling, blocking the illegal flow of funds as much as possible. For related violators and criminals, the force of controls and punishments in areas such as border controls and personal credit reporting will as be increased, and systems such as a 'blacklist' of those who participate in or operate gambling will be be established.
V. Cross border gambling where ''the odds are set against you", and telecom network fraud are all 'traps'. The public is asked to recognize the nature and serious harm of fraud, and to conscienciously resist going abroad to gamble or gambling online, and to be highly vigilant against new methods of telecom network fraud by continuously improving the awareness and preventive capacity.
VI. The general public is welcome to actively report and expose related illegal and criminal conduct. The public security organs are to give major awards to all those who provide leads that play a major role in clearing out major crime dens or in defeating especially large criminal gangs, and are to protect the personal information and safety of informants in accordance with the law. Those who shelter or harbor criminals, who help destroy or fabricate evidence, or who conceal the proceeds of crime or the fruits of those proceeds, so as to constitute a crime, will be pursued for criminal responsibility in accordance with law.
This circular takes effect from the date of publication.
Ministry of Public Security of the People's Republic of China
April 9, 2020