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No.6 of Model Cases regarding Taiwan-Related Mutual Judicial Assistance Provided by People's Courts Issued by the Supreme People's Court: Case regarding Assistance of 13 Courts of Seven Provinces of mainland China in the Investigation and Taking of Evidence for a Case of Fraud at the Request of the Taiwan Taichung District Court
人民法院涉台司法互助典型案例之六:大陆7省市13家法院协助台湾台中地方法院就一诈欺案件调查取证案
【法宝引证码】

No.6 of Model Cases regarding Taiwan-Related Mutual Judicial Assistance Provided by People's Courts Issued by the Supreme People's Court: Case regarding Assistance of 13 Courts of Seven Provinces of mainland China in the Investigation and Taking of Evidence for a Case of Fraud at the Request of the Taiwan Taichung District Court
人民法院涉台司法互助典型案例之六:大陆7省市13家法院协助台湾台中地方法院就一诈欺案件调查取证案
No.6 of Model Cases regarding Taiwan-Related Mutual Judicial Assistance Provided by People's Courts Issued by the Supreme People's Court: Case regarding Assistance of 13 Courts of Seven Provinces of mainland China in the Investigation and Taking of Evidence for a Case of Fraud at the Request of the Taiwan Taichung District Court 

人民法院涉台司法互助典型案例之六:大陆7省市13家法院协助台湾台中地方法院就一诈欺案件调查取证案

- Courts of several regions cooperated to complete the taking of evidence for the case of telecommunications fraud --多地法院协同完成电信诈骗案取证

1. Request items (一)请求事项
On February 20, 2012, the contact person of the Supreme People's Court for the Cross-Strait Joint Crime-Fighting and Mutual Judicial Assistance Agreement (hereinafter referred to as the “Agreement”) received a written request for investigation and evidence-taking and the relevant materials for a case of fraud (No. 1965 [2011], Taiwan Taichung District Court) attached thereto from the contact person of the competent legal department of Taiwan Region for the Agreement, requesting assistance in questioning 13 witness, residents of mainland China, and making audio-video recordings throughout the entire process. 2012年2月20日,最高人民法院协议联络人收到台湾地区法务主管部门协议联络人调查取证请求书及所附台湾台中地方法院审理的2011年度易字第1965号诈欺案件相关材料,请求代为询问13名大陆居民证人并全程录音录像等。
2. Handling progress (二)办理情况
Upon receipt of the written request of the Taiwan party, the Supreme People's Court found upon examination that this case involved a case of cross-border telecommunications fraud cracked down jointly and investigated through the full cooperation of mainland China and Taiwan Region with a third country. As stated in the charging document of the Taiwan party, Hong and other five defendants, all of whom were Taiwan residents, were accused of employing Yao and other 12 residents of mainland China (i.e., 13 witnesses who the Taiwan party requested to question in this case) to engage in telecommunications fraud in Vietnam, and cheated the victims of mainland China out of more than 2.25 million yuan in total. In 2011 all members of the fraud gang were arrested in Vietnam, and six defendants from Taiwan Region were deported and were put by the Taiwanese police under criminal detention when they returned to Taiwan; and Yao and other 12 residents of mainland China were examined and handled by the relevant public security authority of Liaoning Province when they returned to mainland China. The Prosecutors' Office of the Taiwan Taichung District Court instituted a criminal prosecution with the Taiwan Taichung District Court on the ground that the six defendants were suspected of committing a fraud.
......
 最高人民法院收到台方请求书后,经审查发现,该案涉及一起两岸和第三地通力合作侦办的共同打击跨境电信诈骗案。据台方起诉书所述,洪某某等6名被告人均为台湾居民,被控涉嫌雇佣大陆居民姚某某等13人(即本案台方请求询问的13名证人)在越南从事电信诈骗犯罪,共诈得大陆被害人人民币225万余元。2011年该诈骗团伙在越南落网,6名台湾地区被告人被驱逐出境,在返台时被台警方刑事拘留;姚某某等13名大陆居民返回大陆后交由辽宁省有关公安机关审查处理。台湾台中地方法院检察署就6名被告人涉嫌诈欺罪向台中地院提出刑事检控。
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