People's Court Daily article "Criminal Identification of Assistance Behavior in Virtual Currency Settlement and Payment"
ChainCatcher news, People's Court Daily published an article titled "Criminal Identification of Virtual Currency Settlement Payment Assistance Behavior".The article points out that virtual currency settlement payment assistance behavior refers to the act of using virtual currency to provide property transfer assistance for others committing telecom fraud. In the criminal identification of virtual currency settlement payment behavior, it is necessary to grasp the characteristics of the criminal proceeds, the demarcation points between upstream telecom fraud and subsequent concealment or hiding of criminal proceeds and their benefits, as well as the influence of the helper's subjective knowledge and the timing and content of "collusion" on the determination of charges, thereby distinguishing easily confused charges.First, determine whether the object transferred using virtual currency possesses the three characteristics of criminal proceeds, namely property nature, criminal illegality, and certainty. Second, use the completed fraud crime as a boundary point to define whether the virtual currency settlement payment behavior is an act of concealing or hiding criminal proceeds and their benefits, or an act of assisting upstream telecom fraud. Finally, it should be determined whether the virtual currency settlement payment behavior constitutes an accomplice to telecom fraud based on whether the helper conspired with others in advance, whether they only recognized that others were illegally using information networks to commit crimes, or whether they knew that others were committing fraud.In summary, there are three scenarios for the criminal identification of virtual currency settlement payment assistance behavior:The first is when the helper did not conspire with others before the fraud was completed, and after the fraud was completed and the fraudster obtained property with property nature, illegality, and certainty, the helper intentionally provided assistance in virtual currency settlement payment, which constitutes the crime of concealing or hiding criminal proceeds and their benefits.The second is when the helper objectively engaged in acts of concealing or hiding criminal proceeds, but formed a mental connection with others regarding the fraud before the fraud was completed, and their behavior should be recognized as an accomplice to the fraud crime; if the helper formed a mental connection with others regarding the implementation of online criminal activities after the fraud was completed, their behavior constitutes the crime of assisting information network criminal activities.The third is when the fraud crime is not completed or the property does not possess the three characteristics of criminal proceeds, but the helper knowingly provides virtual currency settlement payment services for others committing fraud, which should be recognized as an accomplice to the fraud crime; if the helper knows that others are committing online criminal activities but does not know the specific crime being committed, they should be held criminally responsible for assisting information network criminal activities.