On the Judicial Determination of the Offense of Helping Information Network Criminal Activities
The connotation of the constituent element of"know"in the crime of assisting information network criminal activities shall be limited to"clearly know",excluding"possibly know"and"should know";its method of inclusion includes both self-admis-sion and judicial presumption;the object of"know"is"another person use the information network to commit a crime",which includes both the fact that another person actually commits the crime and that another person may commit the crime,in which"the crime"is a type of behavior that conforms to the provisions of the sub-rule of the Criminal Law,and does not need to fully comply with the four elements of the criminal constitution.When assisting behavior has both payment and settlement,illegal income,the number of financial accounts,etc.involving the amount of money,the number of circumstances,and do not meet the independent standard circumstances,it is recommended that the degree of illegality of the act of helping be evaluated cumu-latively in a proportional manner,in order to determine whether it constitutes aggravating circumstances and to make up for the lack of a comprehensive and accurate determination of the social harm of the act of helping others due to a separate review.The distinction between one crime and several crimes,or between one crime and another,should take full account of the legislative background of the criminalization of the crime of assisting information network criminal activities,and should be determined comprehensively by combining the meaning of"know"and"criminal"in the crime of assisting information network criminal ac-tivities and the stage of the perpetrator's participation in the crime.
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维普
