Defining the Punishability of "Cannon" in the Case of Helping Information Network Criminal Activities
2023-08-10
Kanong "refers to individuals who provide bank cards and phone cards specifically for" card merchants "to assist information network criminals in illegally profiting from the circulation of funds involved. Correspondingly, "card merchants" refer to individuals who mobilize "card farmers" to provide bank and phone cards and use them to assist information network criminals in committing crimes. Typically, they are black and gray industry operators who purchase mobile and phone cards in bulk through various channels and resell them online to earn profits. In the black and gray industry chain of assisting information network criminal activities, the role of "card farmers" in helping and promoting the principal offender must be achieved through the use of "card merchants". As "indirect helpers", their contribution to the principal offender is usually smaller than that of "direct helpers". In the current situation where the number of cases related to the crime of aiding information network criminal activities is rapidly increasing, it is urgent to clarify the issue of the sanctibility of "Cannon" behavior. 1、 Starting from the definition of its nature, the particularity and punishment of "Cannon" helping behavior is essentially manifested as "helping criminals" in the online black and gray industry chain. From the perspective of the behavioral chain, both "card farmers" and "card merchants" are behaviors that provide assistance for information network crimes, and the "help of aiding criminals" has a certain degree of causal force, often governing the scope of aiding behavior. From a micro perspective, the "Cannon" lacks direct contact with the behavior of the main culprit in cybercrime, and only manifests as the "help of the aiding offender", which has certain particularity as an indirect aiding offender. From the perspective of criminal law, although there are different opinions on the issue of the punishment of "assistance for aiding offenders", there is generally a positive attitude towards it. However, as an indirect helping behavior, although the "Cannon" behavior has theoretical space to establish a helping crime, the boundary between the crime and non crime of the "Cannon" behavior is still relatively vague due to the indirect nature of the helping form. It is generally believed that the crime of aiding information network criminal activities is a crime created under the legislative model of "criminalization of aiding behavior", that is, the act of aiding information network criminal activities originally belongs to the aiding behavior of other network crimes, but is independently criminalized through the legislative method of criminalizing aiding behavior, which has the characteristics of implementing behavior clearly stipulated in the criminal law. Under this legislative model, the relationship between accomplice assistance and principal assistance has been further widened. For "Carnon", the evaluation of their behavior no longer relies on the principal behavior of information network crimes. Therefore, both subjective "knowing" and objective "serious plot" are worthy of further research. From a practical perspective, not all "canon" behaviors are worthy of punishment. In some cases, the card supply behavior of "card farmers" may also exhibit harmlessness, daily nature, and neutrality, leading to a blurred boundary between the crime of aiding information network criminal activities and the aiding offender. Based on this, it is necessary to understand the space for the establishment of the crime of aiding information network criminal activities from the perspective of neutral assistance behavior. Combining with the legislative model of the crime of aiding information network criminal activities, it is necessary to distinguish between the aiding criminal behavior and neutral assistance behavior in the "Carnon" assistance behavior. It is worth noting that not all neutral assistance behaviors need to be included in the evaluation system of punishment. Only neutral assistance behaviors with corresponding subjective and objective conditions can be punished as aiding offenders. From a normative perspective
Edit:Ying Ying Responsible editor:Shen Chen
Source:rmfyb.chinacourt.org
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