Crime · China
Telecom-network fraud
In plain English
Article 2 of the PRC Anti-Telecom and Online Fraud Law defines 电信网络诈骗 by the use of remote, non-contact telecommunications or network means to obtain property fraudulently. The 2022 law governs prevention, compliance and administrative sanctions; Article 38 refers criminal cases to existing criminal law. Fraud prosecutions may proceed under Criminal Law Article 266. This differs from the National Police Agency classification 特殊詐欺 in Japan and the statutory term 전기통신금융사기 in South Korea.
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Legal term. Defined by statute. Carries legal consequences.
The instrument
中华人民共和国反电信网络诈骗法
Anti-Telecom and Online Fraud Law of the PRC
2022 law, Arts. 2 and 38 (definition, administrative liability and criminal referral); Criminal Law, Art. 266 (fraud)
Literally
Telecom-network fraud; 电诈 is the clipped form.
What English gets wrong
Treating the 2022 law as creating a separate offense named 电信网络诈骗. Article 38 refers criminal conduct to applicable criminal law, including Article 266 for fraud. The clipped form 电诈 also omits 网络 from the full statutory term.
What to write instead
telecom-network fraud, giving 电信网络诈骗 and noting 电诈 as the clipped form. When identifying an offense charged, cite the applicable Criminal Law provision.
Related
- Tokushu sagi — 特殊詐欺
- Telecommunications financial fraud — 전기통신금융사기 / 보이스피싱
- Assisting information-network crime — 帮信罪 / 幫信罪
Sources
- PRC Ministry of Justice, Anti-Telecom and Online Fraud Law (https://en.moj.gov.cn/2023-12/15/c_948363.htm)
- Supreme People’s Court, 2016 opinion on fraud charges under Criminal Law Article 266 (https://www.court.gov.cn/fabu/xiangqing/33361.html)