涉台电信诈骗犯罪之管辖与惩治

On jurisdiction and punishment of Taiwan-related telecom fraud crime

祖国大陆对台湾地区电信诈骗嫌犯行使刑事管辖权,既具有刑法依据,也符合国际惯例,还有利于查明案情,但不宜以刑事诉讼法之管辖规定为论据。台湾地区诈欺罪法定刑轻于大陆诈骗罪之法定刑,但对电信诈骗犯罪的最高刑期并非"五年"。台湾地区已于2014年规定了加重诈欺罪。从比较研究和预防犯罪考虑,台湾地区加重诈欺罪的法定刑尚有提升空间。为有效打击犯罪,海峡两岸应进一步深化在警务、取证、执行和追赃等方面的合作。

Based on Chinese criminal law, China’s mainland has criminal jurisdiction over Taiwan telecom fraud suspects, which is consistent with international practice, and is helpful in finding out the criminal facts, but it does not follow the jurisdiction provisions of Chinese criminal procedure law. T he legal punishment of fraud charge in Taiwan is lighter compared with that in the mainland. However, the ma ximum sentence of telecom fraud in Taiwan is not five years since Taiwan listed telecom fraud in aggravating conditions in 2014. Taiwan imposed serious fraud crime in 2014. Through the comparative study, there, still room for an increase in the legal punishment of this ag-gravated fraud in Taiwan for the sake of crime prevention. In order to combat crime effectively, the two sides should further cooperate in policing, investigation and forensics, the execution of criminal punishment and criminal booty recovery.