潍坊中院：守好老年人的“钱袋子”

Intermediate People's Court in Weifang City, Shandong Province: Keep the Old People's "Money Pocket"

近日，最高人民法院发布了人民法院重点打击六类养老诈骗犯罪典型案例，在山东省潍坊市青州法院作出判决的以代办“养老保险”为名的诈骗犯罪案件成为山东省唯一入选典型案例。打击整治养老诈骗专项行动部署开展以来，潍坊市中级人民法院以依法打击、防治结合的方式，排查各类涉养老诈骗案件11件，审结案件5件，已审结案件追赃挽损共计86.38万元，在积极担当作为中取得阶段性成果。

Recently, the Supreme People's Court released the six-type cases of the people's courts cracking down on old-age fraud crimes. The fraud crime case in the name of "endowment insurance agency" that was decided by the Qingzhou Court of Weifang City, Shandong Province became the only selected typical case in Shandong Province. During the process of the special action to crack down on the old-age fraud, Intermediate People's Court in Weifang city has investigated 11 cases involving old-age fraud and concluded 5 cases according to the law and prevention. The total amount of restored losses in the completed cases is RMB 863,800 yuan, and the success was achieved certainly.

今年4月，全国打击整治养老诈骗专项行动部署会后，潍坊法院将专项行动作为“为群众办实事”示范法院创建活动的重要内容，在全市法院普遍成立了由立案、信访、刑事、执行、宣传等部门参与的工作专班，从打击整治、维护权益、宣传教育等各个方面对违法行为形成合围之势。

In this April, after the conference of the national special action to crack down on pension fraud, the Court took the special action as an important part of the establishment activity of the model court of "doing practical things for the masses." In the whole city, special group consisting of filing, petition, criminal, execution, publicity and other departments to fight against illegal activities, ranging from cracking down on rectification, safeguarding rights and interests, publicity and education, etc.

潍坊法院专门制定《全市法院打击整治养老诈骗工作实施方案》，明确了依法严厉惩处、全力追赃挽损、加强法治宣传、抓好建章立制等重点任务，下发《关于积极推进打击整治养老诈骗专项行动的通知》，对打击整治养老诈骗专项行动作出重点部署。

Weifang Court specially formulated the Implementation Plan for the City's Courts to Cracking Down on Pension Fraud. The plan clarifies the key tasks of severely punishing according to law, recovering stolen goods and losses with all efforts, strengthening the publicity of the rule of law, establishing rules and regulations, etc. It issues the Notice on Actively Promoting the Special Action to Cracking Down on the Rectification of Pension Fraud, and pay more attention to crack down on the rectification of pension fraud.

潍坊两级法院以保护好老年人的合法权益为出发点，扎实履职尽责，精准硬核打击，快速审结了代办养老保险类、销售假保健类、销售有毒有害食品类、非法吸收公众存款等5起案件，为共建老年友好型社会作出积极贡献。

Given the legitimate rights and interests of the elderly, Weifang two-level courts have performed their duties to dealt with key core attacks. The Court quickly concluded 5 cases, including endowment insurance, selling fake health care, selling poisonous and harmful food, and illegally absorbing public deposits, making contributions to an old-age friendly society.

快立快审快判快执、坚持严格依法办案是打击整治养老诈骗的突出特点。在专项行动中，潍坊法院通过院庭长带头承办、建立专门绿色通道等方式，同时严把案件事实关、证据关、程序关和法律适用关，从快办案、精准办案，彰显出打击整治养老诈骗的力度与成效。

It is the outstanding characteristic of cracking down on the old-age fraud to establish quickly, judge quickly and execute quickly, and insist on handling cases strictly according to law. In the special action, Weifang Court took the lead in undertaking the case by the president of the court and established a special green channel. At the same time, it strictly controlled the facts, evidence, procedure and application of law of the case, handled the case quickly and accurately, showing the strength and effect of coping with the old-age fraud.

“对造成严重经济损失以及其他严重后果或者恶劣社会影响案件，坚决从严惩处。”“依法加大罚金、没收财产等财产刑适用力度，从经济上严厉制裁。”“严”字当头，是潍坊中院党组提出的明确要求。当前潍坊两级法院已判处的6位被告人，其中判处十年以上有期徒刑1人，判处五年以上有期徒刑1人，审结案件全部服判未上诉，服判息诉率达100%。

"Cases of serious economic losses and other serious consequences or adverse social impact must be resolutely and severely punished." "Increase the application of property penalties such as fines and confiscation of property in accordance with the law, and impose severe economic sanctions." The word "strict" is the clear requirement put forward by the party group of Weifang Intermediate People 's Court. At present, Weifang two-level court has sentenced 6 defendants, including 1 sentenced to fixed-term imprisonment of more than 10 years and 1 sentenced to fixed-term imprisonment of more than five years. All the cases have been concluded without appeal, and the rate of serving judgment and suspension of prosecution reaches 100%.

“多亏了你们尽心尽力，办案神速，我们的钱一分不少地拿回来了。”在一起以“销售保健品”为名、针对老年人群体实施的销售假药犯罪案件中，31位受骗老人的28万余元损失全部被追回，昌乐法院组织集中返款并全部发放到位，拿到钱的老人这才真正放下悬着的心。

"Thanks to your dedication and efficiency, we got our money back without any loss." In a criminal case of selling fake medicines for the elderly in the name of "selling health care products," the losses of more than 280,000 yuan from 31 elderly people were all recovered. The Changle Court organized centralized refund and distributed all the money to the owners. Only then did the elderly who got the money really put down their hanging hearts.

办理养老诈骗案件，追赃挽损至关重要。潍坊法院坚持把追赃挽损作为专项行动的重中之重，主动加强与公安、检察机关的沟通协调，运用多种手段全面做好涉案财产的查明、查封、扣押、冻结等工作，截至目前已为群众挽回损失86.38万元。

It is very important to recover losses during the process of old-age fraud cases. Weifang Court have taken the recovery of stolen goods and damage as the top priority of special actions, strengthened the communication and coordination with the public security and procuratorial organs, and tried to use various means to comprehensively identify, seal up, detain and freeze the property involved in the case. Up to now, it has recovered 863,800 yuan of losses for the masses.

守护“夕阳红”，事先防范比事后追究更重要，潍坊法院立足审判职能，充分运用“线上+线下”宣传阵地，在“前端防治”发起强大攻势。线上依托微信公众号、微博等新媒体积极推送典型案例、反诈知识、识骗要点、养老防诈指南等信息1217条，拍摄防范养老诈骗普法短视频3部，发布典型案例3个。线下依托法官“六进”活动，进超市、进公园、进广场、进家庭、进养老机构组织反诈宣传35次，通过“面对面”的法治宣传进一步揭露养老诈骗的套路手段，用“接地气”的方式帮助老年人提高防骗能力，最大限度挤压“行骗空间”。

To protect "Sunset Red (the elderly)," prevention in advance is more important than investigation afterwards. Based on the judicial function, Weifang Court made full use of the "online + offline" propaganda position to launch a powerful offensive in "front-end prevention and control." Online, relying on new media such as WeChat public account and Weibo, it pushed 1217 pieces of information such as typical cases, anti-fraud knowledge, key points of fraud identification, and anti-fraud guidelines for the elderly, shot 3 Short Video on preventing old-age fraud and popularizing law, and released 3 typical cases. Off-line, relying on the "Six Entries" activities of judges, anti-fraud publicity was organized for 35 times in supermarkets, parks, squares, families and pension institutions. Through "face-to-face" publicity of the rule of law, the routine means of pension fraud were further exposed, and the "grounding gas" approach was used to help the elderly improve their anti-fraud ability and squeeze the "cheating space" to the maximum extent.

作者：冯帆

Reporter: Feng Fan