Cctv news: the Supreme People’s Procuratorate issued a typical case of procuratorial organs strengthening the comprehensive performance of minors’ network protection. Details are as follows:
catalogue
1. The case of Sun Moumou helping information network criminal activities
— — Punish education and save the "tool man" of online fraud
Second, the theft of Gao Moumou
— — Comprehensive performance of duties according to law to prevent minors from indulging in network governance
Third, Zhu Moumou raped, molested children, and forced obscenity.
— — Severely crack down on online sexual assault on minors, and actively promote the source of prosecution.
Four, Sui Moumou obscene, rape, extortion, production, sale, dissemination of obscene articles for profit.
— — Combination of dredging and blocking, paying equal attention to punishment and governance
V. Feng’s privacy protection case
— — Support minors’ rights protection according to law
6. The case of Xiao Moumou and Deng Moumou infringing citizens’ personal information.
— — Take multiple measures to protect the personal information security of minors.
Case 1
Sun Moumou helped information network criminal activities.
— — Punish education and save the "tool man" of online fraud
[Keywords:]
The crime of helping information network criminal activities is conditional on not prosecuting family education and guiding foreign education
[Basic case]
On December 26, 2021, Sun saw a message on a chat website that renting a bank card could make money, so he contacted his classmate Zhan (an adult, dealt with separately), used Zhan’s ID card to handle four bank cards, and rented the bank cards to others for payment and settlement of information network crimes. After investigation, the one-way capital inflow of the bank card involved was RMB 1.08 million, of which RMB 98,000 was involved in fraud. In view of the fact that Sun Moumou truthfully confessed his crime after he arrived at the case, he was a minor at the time of committing the crime, showed remorse, pleaded guilty and pleaded guilty, and may be sentenced to a penalty of not more than one year in prison. The procuratorate made a conditional decision not to prosecute him according to law. After the expiration of the ten-month test, Sun Moumou was made a decision not to prosecute according to law.
[Performance of Procuratorial Organs]
(a) actively carry out family education and guidance, and urge guardians to earnestly perform their guardianship duties.In view of Sun’s lack of family guardianship, which led to his unrestrained use of mobile phone network until he embarked on the road of illegal crime, the People’s Procuratorate of Da ‘an City, Jilin Province issued a "supervision guardianship order" to Sun’s father (Sun’s parents divorced and lived with his father), and jointly carried out family education guidance with the Public Security Bureau, the Communist Youth League Committee, the Municipal Women’s Federation and the Legal Aid Center. At the same time, the procuratorial organs hired professional judicial social workers to help formulate family custody plans from several aspects, such as limiting the use time of mobile phones, strengthening parent-child communication, providing diversified activities and learning opportunities, and paying regular visits to the implementation of the plans to help Sun develop a reasonable and safe lifestyle of using mobile phone networks.
(two) inter provincial cooperation, targeted to carry out inspection and help.According to the application of Sun Moumou and his family, the procuratorial organ entrusted the procuratorial organ of Sun Moumou’s household registration to carry out off-site inspection and assistance. The procuratorial organs of the two places jointly studied and formulated targeted assistance and education programs to help Sun Moumou focus on improving legal awareness and ability to distinguish right from wrong, establishing a correct view of money and consumption, and improving employment knowledge and skills; Establish a strict inspection and supervision mechanism, combine regular return visits with irregular spot checks, and fully grasp Sun Moumou’s thoughts and living conditions during his inspection; Innovative communication and coordination methods, through the remote video conference system to achieve the tripartite meeting between the procuratorial organs of the two places and Sun Moumou, to ensure the smooth development of the assistance and education work.
(three) adhere to the source of governance, and actively carry out the "anti-fraud into the campus" activities.Combined with the problems reflected in this case, the procuratorate went into the campus to systematically explain the basic characteristics and legal responsibilities of common cyber crimes, to help minors raise their awareness of vigilance and avoid being involved in cyber crimes because of ignorance and carelessness. At the same time, actively set up an "online cloud classroom" with the education department, strengthen the case interpretation method, and help minors and their guardians raise their awareness of network security.
[Typical meaning]
Some information network criminal gangs use the characteristics of immature minds and weak legal awareness of minors to make minors "tools" for information network fraud activities. In handling such cases, the procuratorial organs should adhere to the principle of being most beneficial to minors, conscientiously implement the criminal policy of combining leniency with severity, strictly grasp the prosecution standards for first-time offenders and occasional offenders, especially minors who only sell a small amount of personal bank cards and the amount of illegal gains is not large and plead guilty and punish, fully implement the special system for minors, reserve channels for them to return to society, and take comprehensive judicial protection measures such as family education and guidance to help them get lost. At the same time, adhere to the source of the complaint, actively promote the "anti-fraud into the campus" activities, carry out in-depth publicity and education on the rule of law, enhance the awareness of minors on the rule of law, and avoid being involved in cyber crimes because of ignorance and carelessness.
travel to watch industry
Gao moumou’s theft
— — Comprehensive performance of duties according to law to prevent minors from indulging in network governance
[Keywords:]
Procuratorial suggestions on preventing minors from indulging in network social governance by not prosecuting and accurately helping and educating.
[Basic case]
From May to June, 2022, Gao Moumou repeatedly used the method of stealing other people’s mobile phones to transfer money, stealing more than 10,000 yuan from other people’s Alipay and bank card accounts for online game account recharge and equipment purchase. On June 28, 2022, the public security organ transferred Gao for examination and prosecution on suspicion of theft. In view of the fact that Gao was a minor when he committed the crime, he had surrendered himself, pleaded guilty to punishment, actively repaid the losses and obtained the victim’s understanding, and so on, the procuratorial organ made a relative decision not to prosecute him according to law.
[Performance of Procuratorial Organs]
(1) Dig deep into the root causes of crimes and accurately carry out corrective education.Through social investigation, the People’s Procuratorate of Pudong New Area in Shanghai found that Gao Moumou downloaded a game training App through a mobile phone application market to practice games for adult customers and get paid. He played games for more than ten hours every day, which led to crimes due to indulging in online games. After making a decision not to prosecute Gao Moumou, the procuratorial organ, in accordance with the relevant provisions of the Law of People’s Republic of China (PRC) on the Prevention of Juvenile Delinquency, joined forces with public security organs and social workers to focus on preventing Internet addiction and correcting behavioral deviation, and carried out corrective education on him with the help of digital supervision platform. At the same time, in view of the situation that Gao’s father died, his mother remarried and was raised by his grandfather, the family education guidance station was entrusted to provide family education support to help Gao quit Internet dependence.
(2) Making procuratorial suggestions to help enterprises develop healthily.The investigation by the procuratorate found that the company that developed and operated the mobile phone Application market had not been strictly audited, and paid promotion, publicity and distribution for the game training app, which lured and encouraged users, including minors, to conduct online game training transactions, which aggravated the risk of minors indulging in the network. In view of the problem that the measures to prevent minors from indulging in the Internet exposed in the case were not implemented in place, the procuratorate issued procuratorial suggestions to the company and made a public announcement, suggesting that it conduct a comprehensive review of all the apps on the shelves, establish a regular inspection system, unblock the channels for accepting complaints, and improve the working mechanism for the protection of minors. The company fully accepted the procuratorial suggestions, took the initiative to remove more than 10 problematic software and games, and set up a "Working Group for the Protection of Minors" within the company, and established working mechanisms such as quarterly self-inspection and handling of complaints involving minors.
(3) Multi-party cooperation and joint management, and systematic promotion of network addiction governance.In order to further expand the governance effect, the procuratorial organ invited the competent departments, experts and scholars, such as the Network Information Office, to discuss with the company and related Internet enterprises within its jurisdiction how to prevent minors from indulging in the Internet through the network resource download platform, so as to help enterprises enhance their awareness of operating according to law and improve the anti-addiction technical measures. Procuratorial organs also exchanged views with online game industry associations on the implementation of anti-addiction measures in the process of online game publicity and promotion, and urged the associations to issue initiatives to member units, advocate the classification of online game products, and make age-appropriate tips. In addition, the procuratorial organs carried out the rule of law classroom for minors’ network protection, and promoted the classroom to settle in the Alipay space station, and jointly developed the "AR Wonderful Adventure GO" youth network security digital experience activity to promote the long-term long-term prevention of minors from indulging in network governance.
[Typical meaning]
With the extensive use of the Internet, the phenomenon of minors indulging in the Internet has become increasingly prominent, which has become an important incentive for minors to commit crimes. When handling juvenile cases involving cyber crimes, procuratorial organs should pay close attention to the correction of juvenile addiction to the internet, and provide accurate assistance and education through digital empowerment, family education and guidance. At the same time, conduct a comprehensive investigation on the performance of relevant network products and service providers to prevent minors from indulging in the Internet. In view of the failure of the network resource download platform to fulfill the content review obligation, promote the software that destroys the minors’ anti-addiction system, and urge enterprises to strengthen the implementation of minors’ network protection responsibilities with procuratorial suggestions. Procuratorial organs can also promote the comprehensive efforts of the government, enterprises and society by holding symposiums, visiting industry associations and strengthening the publicity of the rule of law, so as to further promote the "systematic project" of preventing minors from internet addiction.
Case 3
Zhu Moumou raped and molested children,
Compulsory indecency case
— — Severely crack down on online sexual assault on minors, and actively promote the source of prosecution.
[Keywords:]
Long-term mechanism of severe punishment for cyber sexual assault and psychological assistance
[Basic case]
From 2019 to 2020, Zhu used online social software to trick and coerce eight minors, including Yang, to take photos of nude, sensitive parts and indecent videos and send them to watch; And threatened to spread nude photos and indecent videos, forcing Yang to meet offline and have sex. It was also found that in early 2019, Zhu Moumou threatened indecent videos and forced sexual relations with an adult woman, Qin Moumou. After the procuratorate prosecuted the case, the court sentenced Zhu to 15 years and six months in prison and deprived of political rights for one year for rape, child molestation and compulsory molestation.
[Performance of Procuratorial Organs]
(1) Dig deep and investigate, and comprehensively find out the facts of the crime.After the case was submitted for examination and arrest, the People’s Procuratorate of Pinggu District, Beijing found that in addition to the four victims identified by the public security organs, Zhu had the possibility of using the Internet to infringe on other victims, so he suggested that the public security organs continue to investigate and increase the number of victims to seven by the end of the investigation. In the stage of review and prosecution, the procuratorial organ conducted its own investigation, and entrusted the appraisal institution to recover and extract the deleted data information of social software in Zhu’s mobile phone in time. By combing and reviewing the electronic data, the criminal facts of Zhu’s molestation of two other minors were added.
(two) pay attention to the physical and mental health of juvenile victims, and guide the establishment of good habits of using the Internet.While cracking down on crimes, procuratorial organs pay attention to psychological rehabilitation of minor victims, entrust professional forces to carry out psychological evaluation and psychotherapy, and help victims return to normal study and life as soon as possible. Through telephone communication, family visits, school inspection cooperation and other means, we will continue to follow up and visit the victims to help them establish good habits of using the Internet. Relying on the working mechanism of "Vice President of Rule of Law", online and offline cyber security education and sexual assault prevention education are carried out to guide minors to use the network correctly, raise awareness of cyber security, and block the "black hand" of the network that reaches minors.
(3) Summarize the laws of cyber sexual assault cases and build a long-term prevention mechanism.In order to reduce the occurrence of sexual assault cases, the procuratorial organs comprehensively combed and analyzed the local cases of online sexual assault on minors in the past three years, and found that in such cases, the victims were seriously deficient in self-protection awareness on the Internet, easily trusting others, and were afraid to report to the police for fear of being retaliated by criminals. To this end, the procuratorate held a special discussion with the network information and network security departments on the protection of minors’ networks, strengthened the transfer of clues about minors’ network infringement, and urged the two departments to strengthen the supervision and management of network platforms. In view of the problem that the network protection responsibility of minors in a social software involved in the case has not been implemented, the procuratorial organs conducted investigations in the whole city, and found that the administrative authorities were not in place, urging the administrative authorities to talk about the social software operating company and urging the strict implementation of the main responsibility of minors’ network protection.
[Typical meaning]
With the rapid development of the Internet, the trend of minors "touching the net" is becoming more and more obvious, and the crime of sexual assault on minors has emerged as a new form of online and offline interweaving. When handling cases of online sexual assault on minors, procuratorial organs should accurately grasp the characteristics of online sexual assault, dig deep into crimes according to law, prosecute crimes, and severely crack down with a "zero tolerance" attitude. At the same time, strengthen the protection of juvenile victims and carry out psychological assistance to help minors return to normal life as soon as possible. Pay attention to comprehensive performance of duties, co-ordinate punishment and governance, promote the cooperation of minors’ protection subjects such as schools, society and government, integrate online and offline governance, and escort the healthy growth of minors in the network era.
Case 4
Sui Moumou molested, raped, blackmailed,
Case of making, selling and spreading obscene articles for profit
— — Combination of dredging and blocking, paying equal attention to punishment and governance
[Keywords:]
Special treatment of network sexual assault, unblocking clue channels and blocking communication chain
[Basic case]
In January 2022, Sui Moumou used online social software to send obscene videos to Liu Moumou, a minor victim, and threatened and induced Liu to take nude photos and videos for him to watch. Later, he threatened Liu to have sex and asked Liu for money. At the same time, Sui Moumou sold the above nude photos and videos through the Internet. After the procuratorate prosecuted the case, the court sentenced Sui Moumou to 10 years’ imprisonment and fined RMB 3,000 for the crimes of child molestation, rape, extortion, making, selling and spreading obscene articles for profit.
[Performance of Procuratorial Organs]
(a) the implementation of mandatory reporting, smooth channels of clues.In order to effectively solve the problem of finding clues to cases against minors, the People’s Procuratorate of Laoshan District, Qingdao City, Shandong Province urged the public security organs to set up 110 "police hotline for compulsory reporting of minors" to help realize rapid detection of cases and protect and rescue juvenile victims. After the teacher of the minor victim Liu Moumou reported the police through the compulsory police hotline, the public security and procuratorial organs responded quickly, achieving the dual goals of cracking down on crimes and helping minor victims in time.
(2) Blocking the transmission chain to avoid the second injury of the victim.The procuratorate urged the public security organs to fix the evidence and then delete the indecent videos cached by Sui Moumou and uploaded to social accounts, cloud disks and other places, and "online+offline" blocked the communication chain. Joint public security organs, schools involved and parents carry out graded intervention and legal education for students who buy obscene videos and watch them, and issue a "supervision and guardianship order" to urge parents to perform their guardianship duties according to law. At the same time, psychological counselors are entrusted to regularly conduct psychological counseling for victims and their guardians to help them get out of the trauma.
(3) Actively promote the special governance of cyberspace and promote the comprehensive protection of minors.Procuratorial organs guide students to use the network correctly and avoid illegal infringement through activities such as entering the campus by the rule of law, holding special lectures and answering questions about network security knowledge. Promote the education administrative department to establish a network supervision and reporting mechanism, and report illegal and bad network information to the public security organs in a timely manner. Nine illegal and bad network information problems have been found and reported, effectively reducing the occurrence of network infringement.
[Typical meaning]
Based on the protection of individual cases, the procuratorial organs insist on "handling a case and protecting a group of children", stop the spread of indecent videos in time, and help juvenile victims to resume their normal study and life in time. Attach importance to the responsibility of procuratorial organs in promoting social governance, take "protecting a child and preventing a field" as the goal, and urge other protection forces to jointly carry out special governance of cyberspace, create a healthier and safer network environment for minors, and enhance the comprehensive protection effect of minors.
Case 5
Feng’s privacy protection case
— — Support minors’ rights protection according to law
[Keywords:]
Internet privacy infringement supports the prosecution of the prohibition of infringement of personality rights
[Basic case]
From October to November, 2020, Zou Mou, a minor, secretly photographed the private video of his classmate Feng, and then sent it to others, so Feng was mentally troubled. Classmate Xiang asked Zou for the video and verbally harassed Feng through online chat software. The video and related remarks spread to Feng’s school, which seriously affected Feng’s study and life.
[Performance of Procuratorial Organs]
(a) to support the lawsuit of infringement in accordance with the law and fully guarantee the exercise of the right of action.Feng and his guardian applied to the People’s Procuratorate of Shangcheng District, Hangzhou City, Zhejiang Province to support the prosecution and safeguard their privacy. The procuratorate conducted an investigation on the content of private videos and the spread of the Internet, and guided female legal aid lawyers to collect evidence of the damage results and confirm Feng’s mental damage. At the same time, entrust a psychologist to stabilize Feng’s mood and prevent secondary injury. After investigation, the procuratorate supported the prosecution according to law and assisted in providing key evidence. The court supported all the claims and sentenced Zou to immediately stop the infringement, apologize in writing and compensate for mental damages.
(two) to support the application for the prohibition of infringement of personality rights in accordance with the law, and actively take effective remedies.Feng reported to the procuratorate that Xiangmou had harassed him online with private videos, fearing that his physical and mental health would continue to be damaged if he did not stop it in time, and applied to the procuratorate for support in applying for an injunction against Xiangmou’s infringement of personality rights. The procuratorial organ supports the application according to law. The court ruled that Xiang was forbidden to store, control and disseminate the video involved in any form, and it was forbidden to use the video involved to carry out all acts of harassment and threats. After the referee, the procuratorate took the initiative to follow up the supervision and urged Zou Mou, Xiang Mou and the guardian to fulfill their responsibilities in place. Feng accepted a written apology, mental compensation and was protected by an injunction to resume his normal study and life.
(3) Multi-party efforts should be made to protect healthy growth and enhance the effectiveness of governance.In order to help Feng restore his normal study and life and educate the infringing students, on the one hand, the procuratorial organs introduced professional medical forces to carry out psychological intervention and treatment on Feng until his spirit recovered and he returned to school. On the other hand, we should implement family protection, interview the guardians of infringing students and issue a "supervision and guardianship order" to urge guardians to fulfill their family guardianship responsibilities according to law. At the same time, I visited the school where the parties are located many times and made procuratorial suggestions to help the school establish a bullying prevention and control system. The school educated the students who committed school bullying and privacy infringement according to the regulations, and minimized the adverse effects of the incident on Feng by controlling communication and protecting privacy. Procuratorial organs have also jointly issued opinions on comprehensive protection work with education and civil affairs departments, and built a multi-party joint protection platform to jointly improve the effectiveness of protecting minors’ rights and interests.
[Typical meaning]
Internet communication of minors’ privacy has the advantages of rapid spread, wide influence and great mental damage, which seriously infringes on minors’ personality rights and interests. Procuratorial organs make full use of the function of supporting prosecution, and actively promote network protection by judicature. They not only support minors to file complaints of privacy infringement to safeguard their own rights and interests, but also support them to file applications for prohibition of infringement of personality rights, and follow up the supervision and implementation to help minors safeguard their legitimate rights and interests according to law. At the same time, strengthen the governance of the source of complaints, pay attention to collaborative governance, issue a "supervision and guardianship order" to urge parents to implement their family protection responsibilities, and issue procuratorial suggestions to promote the school to improve the work system of bullying prevention and control, and comprehensively improve the effectiveness of protecting minors’ rights and interests.
Case 6
Xiao Moumou, Deng Moumou
Case of infringing citizens’ personal information
— — Take multiple measures to protect the personal information security of minors.
[Keywords:]
Integration of Personal Information Rights and Interests of Minors; Network Public Welfare Protection for Minors
[Basic case]
From April to October, 2020, Xiao Moumou and Deng Moumou used the source code of the card-issuing platform to establish an online trading platform, which was open to the public for users to illegally trade personal information such as citizen ID number and Alipay account. Xiao Moumou also provides services such as fund settlement on the platform, and charges service fees according to the transaction amount. The total transaction amount exceeds RMB470,000. Up to the time of the incident, there were more than 200 sellers registered on the platform, and more than 950,000 pieces of personal information of minors were illegally bought and sold. The minors whose personal information was infringed were distributed in Zhejiang, Tianjin, Hebei and other parts of the country, seriously damaging the legitimate rights and interests of minors. In February 2021, the procuratorate prosecuted Xiao and Deng for allegedly infringing citizens’ personal information. The court sentenced Xiao to four years and three months in prison and Deng to four years in prison and a fine. In October 2021, the procuratorate filed a civil public interest lawsuit with the court. The court ordered the defendants Xiao Moumou and Deng Moumou to jointly pay damages of RMB300,000, and published an apology statement to the public in the national media.
[Procuratorial organ’s performance process]
(1) handling cases in an integrated and coordinated manner, and severely punishing criminal offences that use Internet information technologies and platforms to infringe on minors.The People’s Procuratorate of Gongshu District, Hangzhou, Zhejiang Province actively promotes integrated collaborative case handling, and relies on digital case handling means to conduct an inquest on the computers, mobile phones, hard disks and USB flash drives involved, compare and eliminate millions of personal information, and finally accurately determine the number of personal information of citizens sold and purchased. Through the re-inspection of the background data, the selling price of each piece of information is obtained, and the total sales amount and illegal income involved are finally determined. At the same time, 1 upstream criminal was prosecuted and 3 accomplices were placed on file for supervision.
(two) timely public interest litigation in accordance with the law, effectively safeguard the legitimate rights and interests of minors.Procuratorial organs found clues about civil public interest litigation involving minors in handling criminal cases, and believed that Xiao and Deng bought nearly one million pieces of minor identity information from others without the consent of minors and their guardians, and organized and operated the platform involved by themselves to sell and allow others to sell minor identity information, which was an infringement of illegal collection and sale of personal information. Due to the large number of infringed persons, which are distributed in many parts of the country, it constitutes an infringement on the public interests of minors in the field of public information security. The procuratorial organ filed a civil public interest lawsuit against Xiao Moumou and Deng Moumou according to law.
(3) Establish a collaborative linkage mechanism to form a joint force for the protection of minors’ personal information networks.In view of the loopholes in the supervision of websites and registered companies used for illegal crimes found in the case, as well as the problems of illegal websites that may infringe on the personal information safety of minors in the jurisdiction, the procuratorial organs extended their duties in combination with handling cases, strengthened consultation with the network information department and public security organs, established a cooperative mechanism to crack down on illegal websites, promoted the solution of the blind spot of network protection supervision, realized the long-term protection mechanism of joint notification, data sharing, case supervision, execution connection and social governance, improved network supervision, and jointly created a good environment for network protection of minors.
[Typical meaning]
Personal information of minors is protected by law. The crime of infringing citizens’ personal information has the characteristics of low cost and high benefit, and the procuratorial organ should severely punish the crime of selling minors’ personal information through the Internet according to law. In the process of handling criminal cases involving minors, we should strengthen the performance of the "four major prosecutors" that have not been inspected, and pay attention to protecting the legitimate rights and interests of minors in the field of public information security through functional means such as public interest litigation. Procuratorial organs should perform their legal supervision duties according to law, promote social governance by handling cases, strengthen cooperation with online information and public security organs, establish a long-term mechanism for the protection of minors’ personal information networks, and form a joint force for the protection of minors’ networks.