TO THE QUESTION ON CRIMES OF FRAUDULENT PROPERTY APPROPRIATION THROUGH SOCIAL NETWORKS AND TELECOMMUNICATIONS

ABSTRACT

Currently, the crime of fraud and appropriation of property by means and tricks using social networks and telecommunications is very complicated and the prevention and combat of this type of crime also has its own characteristics. Based on the legal regulations and the current situation related to the crime of fraud and appropriation of property by means and tricks using social networks and telecommunications, this article proposes solutions to improve the effectiveness of the prevention and combat of this type of crime.

АННОТАЦИЯ

В настоящее время преступление мошенничества и присвоения имущества путем и уловок с использованием социальных сетей и телекоммуникаций является очень сложным, и профилактика и борьба с этим видом преступлений также имеет свои особенности. На основе правовых норм и текущей ситуации, связанной с преступлением мошенничества и присвоения имущества путем и уловок с использованием социальных сетей и телекоммуникаций, в данной статье предлагаются решения по повышению эффективности профилактики и борьбы с этим видом преступлений.

Keywords: Fraud and appropriation of property; social networks; telecommunications; crime prevention.

Ключевые слова: Мошенничество и присвоение имущества; социальные сети; телекоммуникации; профилактика преступлений.

Clause 1, Article 174 of the 2015 Penal Code, amended and supplemented in 2017 and officially effective from January 1, 2018 (2015 Penal Code) stipulates the crime of fraudulent appropriation of property as follows:“Anyone who, by fraudulent means, appropriates another person’s property worth from VND 2,000,000 to less than VND 50,000,000 or less than VND 2,000,000 but in one of the following cases, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years…”.

According to the Dictionary of Law, fraud is an act of deceit, dishonesty and dishonesty in the crime of labor fraud is also expressed by specific acts to deceive the owner or manager of the property, without any tricks belonging to the ideology, the thoughts of the offender are not expressed externally through behavior. The act of “property appropriation” is the act of stealing another person’s property by illegally appropriating that property. Property is understood as physical and intangible property, including currency, securities, digital assets and rights related to property. According to the synthesis on Wikipedia, the concept of social network is a website or online platform with many forms and features, helping people easily connect with each other anywhere. Social networks operate on the Internet platform and have features such as: chat, e-mail, movies, voice chat, file sharing... Social networks, although having different names, some operating features, and different ways of using, have the following characteristics in common: Users must create a profile, have their own account; many users are linked together through names, email addresses, nicknames... Social networks will connect user accounts to personal and organizational accounts; the content posted and shared on social networks is decided by users themselves in terms of images, words...

In Vietnam, there are some popular social networks: Facebook; Instagram; Youtube; Not only used to post content, social networks are now also a business and money-making tool. Besides the above social networks, in the world there are other social networks such as Twitter, Linkedin that can share videos, content, images.

The concept of telecommunications means, is stipulated in Article 3 of the Telecommunications Law No. 41/2009/QH12 of the National Assembly : “Telecommunications is the sending, transmission, receipt and processing of symbols, signals, data, writing, images, sounds or other forms of information by cable, radio waves, optical means and other electromagnetic means. Telecommunications equipment (means) is technical equipment, including hardware and software, used to perform telecommunications” [6].

According to the above provisions, telecommunications is understood as the sending, transmitting, receiving and processing of symbols, signals, data, writing, images, sounds or forms of information. The means to carry out these activities include cables, radio waves, optical means and other electromagnetic means. Currently, telecommunications are expressed through the operation of electrical equipment such as telephones, telegraph machines, telex machines and radio systems, optical fibers combined with the Internet and information satellites, helping people to transmit information accurately, securely and quickly. In addition, telecommunications also have an extremely important meaning for the formation and development of communications. Telecommunication networks include computer networks, the Internet, the public switched telephone network, the global Telex network, the aviation ACARS network and wireless radio networks of mobile telecommunications service providers.

Based on the analysis of related concepts, the author proposes the concept of the crime of fraud using social networks and telecommunications as follows: the crime of fraud to appropriate property using social networks and telecommunications is a type of crime stipulated in the Penal Code, committed by a person with full criminal capacity with intentional fault by using fraudulent tricks through online platforms of social networks and telecommunications to appropriate other people's property, which according to the provisions of law must be criminally prosecuted.

Current status of fraud crimes using social networks and telecommunications

In recent times, the crime of fraud on cyberspace has become complicated, causing serious damage to property and causing confusion and indignation in public opinion. In the process of committing cybercrime, subjects often use tricks to change all aspects of personal life to cope with the prevention and handling work of the authorities. In addition, they also use the method of using a reputable person's identity, buying and selling goods online, “spam” messages, advertising leaflets; they even call for investment, sponsorship, multi-level marketing investment, virtual currency, set up fake banking websites to get customer information data, swap records, use many tricks to use bank accounts, withdraw loans, counterfeit antiques, gemstones, precious metals; notably, subjects also take advantage of activities of associations, savings and loan associations, and disease prevention and control... to commit crimes.

During the period 2018 - 5/2023, the ratio of cybercrime cases compared to the number of ITTP cases tended to increase and gradually decrease towards the end of 2023. At this time, the COVID-19 epidemic was complicated, all activities outside of life were stagnant, all living activities, buying and selling, and exchanging were done through cyberspace. During the epidemic, the subjects scammed when trading medical equipment such as masks, hand sprays, etc. By 2023, when the epidemic had stabilized and life returned to normal, the number of cybercrime cases decreased slightly compared to 2022. People returned to the routine of work, study, and time for other work. The subjects are still carrying out their actions through cyberspace, but their goals are not as easy to achieve as in previous years. In the period of 2018 - 2022, cases of using cyberspace to commit fraud and property appropriation with common forms and tricks are: Acts of impersonating state officials; fraud through investment and business activities on e-commerce platforms; fraud through impersonating bank employees to appropriate money in credit cards; fraud through recruiting online sales collaborators; fraud through recruiting collaborators to make stone paintings and string bracelets at home; fraud through trading on social networks; fraud through impersonating reputable brands and stores announcing promotions and winning prizes to thank customers; tricks to get acquainted and send valuable gifts, large sums of money from abroad to Vietnam...

The process of fighting and preventing the crime of fraud and appropriation of property through social networks and telecommunications is a long-term process, requiring many factors to coordinate and many forces to participate. Based on the analysis of the legal basis and the current situation and structure of this type of crime, the article proposes a number of specific solutions to improve the effectiveness of the fight and prevention of fraud and appropriation of property through social networks and telecommunications as follows:

First, promote the role of the masses in preventing, detecting, stopping and fighting against fraud and appropriation of property in cyberspace. Mass mobilization work needs to be highly effective, in order to ensure that each individual is fully equipped with knowledge when participating in activities in cyberspace, thereby contributing to ensuring security and order in this environment. Raising public awareness of cybercrime prevention not only helps create an effective crime prevention network from an early stage but also supports the authorities in preventing and handling crimes in a timely manner. Once they have sufficient understanding of cyberspace, each citizen will become the “eyes and ears” of the police force, ready to report suspicious signs, helping the force develop effective prevention and combat plans.

In order to effectively propagate and educate people about vigilance and the spirit of fighting against crimes of fraud and appropriation by means and tricks using social networks and telecommunications means, the authorities need to innovate the content, form, methods and methods of propaganda, innovate the way of receiving information about crimes through social networks such as creating Zalo groups; Facebook with easy-to-remember and easy-to-identify names and assign them to youth union cadres; regularly organize educational and propaganda sessions so that people can grasp legal knowledge and tricks of cybercrimes; strictly manage businesses and companies using cyberspace, especially those operating in fields related to cyberspace and online platforms; use social networks and media as the main means to propagate prevention through posting and updating official information about the economic and social situation of the country and localities; Set an example of good people, good deeds, good models, especially posting news about sources of crime and fraud to appropriate property by using social networks and telecommunications.

Second, invest in human resources and facilities for the fight against and prevention of fraud and appropriation of property by using social networks and telecommunications; strengthen the provision of technical tools and means to ensure the fight against and eradication of crime hotspots, gangs, dens, and groups, especially special tools and means.

Third, strengthen the coordination relationship between functional agencies in preventing and combating fraud and appropriation of property through social networks and telecommunications.

As analyzed, the process of fighting this "borderless" crime requires the participation of functional agencies, in which the police force plays a core role. Coordination between the prosecution agencies: the Police, the Provincial People's Procuracy and the Provincial People's Court need to improve the effectiveness of receiving and handling crime reports, ensuring the investigation, prosecution and strict trial of violations of the law related to fraud and appropriation of property.

References:

1. National Assembly (2015), Criminal Code of the Socialist Republic of Vietnam 2015, amended and supplemented in 2017
2. National Assembly (2013), Law on the People's Public Security of the Socialist Republic of Vietnam, National Political Publishing House, Hanoi.
3. National Assembly (2009), Law on Telecommunications of the Socialist Republic of Vietnam, National Political Publishing House, Hanoi.
4. People's Police Academy (2015), Textbook on Prevention, Investigation and Detection of Some Crimes of Property Infringement, Hanoi
5. Nguyen Huy Luc (2022), Crime Prevention in the Field of Information Technology and Telecommunications Networks in Vietnam in the Current Situation, PhD Thesis, Hanoi.
6. Telecommunications Law No. 41/2009/QH12 in Vietnam https://thuvienphapluat.vn/van-ban/EN/Cong-nghe-thong-tin/Law-No-41-2009-QH12-on-telecommunications/106228/tieng-anh.aspx (Date of request 20.11.24).