On Criteria for Distinguishing between The Crime of Helping Information Network Criminal Activities and the Crime of Disguising or Concealing the Proceeds of Crimes
On Criteria for Distinguishing between The Crime of Helping Information Network Criminal Activities and the Crime of Disguising or Concealing the Proceeds of Crimes
The crime of helping information network criminal activities and the crime of disguising or concealing the proceeds of crime are highly similar,i.e.the infringement of legal interests overlap,and the history follows one another.The sharp rise in the number of cases of the crime of helping information network criminal activities leads to the concern of"pocket crime".The academic community advocates the diversion of the crime of disguising or concealing the proceeds of crimes,which is also in line with the moderate expansion trend of hidden crimes as money laundering crimes.The theory of distinguishing between the two crimes includes time node,objective behavior,subjective cognition,crime object and the difference of the degree of verification.After practical test,the time node distinction theory was excluded because it could not achieve the purpose of distinguishing two crimes,and the objective behavior distinction theory derived three judgment elements that echoed the crime object distinction theory,the subjective cognition distinction theory,and the verification degree distinction theory,and finally formed the trinity distinction principle of taking objective behavior as the control,mainly infringing legal interests,consistent subjective and objective,and adapting crime,responsibility and punishment to the crime.The three forms progressive rules.
关键词
帮助信息网络犯罪活动罪/掩饰、隐瞒犯罪所得罪/区分标准
Key words
the crime of helping information network criminal activities/the crime of disguising or concealing the proceeds of crimes/standard of distinction
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