"Crime Matches Its Punishment":A Reverse Thinking on the Division of Charges in the"Two Cards"Case——Based on the Empirical Analysis of Relevant Cases in D City since 2020
In the current practice,there are differences in the application of the crime of"two cards".In the case that it is difficult to achieve a balance between crime and punishment by using the"syllogism"to infer the crime,the appropriate introduction of the judgment idea of"crime matches its punishment"can effectively make up for the deficiency or ambiguity of the relevant norms of the"two cards"crime,and the results of the crime and punishment can be closer to the original intention of the legislator.If the facts of the remaining cases meet the constituent elements of several"two cards"crimes at the same time,the cumulative number of cards can be used as a reference for the distinction between the crime of assisting credit and the crime of obstructing credit card management;the cumulative amount of transferred illegal income is used as the boundary reference of the crime of assisting credit,the crime of concealment and the crime of money laundering(the upstream crime of money laundering needs to be financial fraud);in addition to considering the subjective"conspiracy",the actual depth of the perpetrator's involvement in the joint crime reflected by the objective evidence such as the length of time,the level of status,the size of the role,and the amount of income of the perpetrator involved in the upstream crime is used as the boundary reference between the independent crime such as the crime of assisting credit and the accomplice of the crime of fraud.
two cardscrime matches its punishmentbalance of crime and punishmentcrime of assisting information network criminal activities
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