Research On The Crime Of Helping Terrorist Activities

Faced with the growing threat of terrorist activities,the "Criminal Law Amendment(IX)" proposes to limit the acts of helping terrorist activities by expanding the scope of acts of financing terrorist activities,that is,raising the crime of helping terrorist activities.Under normal circumstances,the Criminal Penalty Rules expressly penalized behavior is act,and the relevant help behavior in accordance with the provisions of the Criminal Code punishment,but in the crime of helping terrorist activities,the legislator will help the terrorist act as an independent law Behavior of the punishment,at this time to help establish the crime of terrorist activities does not depend on the establishment of terrorist activities or not,this criminal approach is called in theory circles "to help prosecution." Precisely because it is easier to punish aiding and helping behavior after "helping behavior is being criminalized",it is particularly important to conduct a theoretical and comprehensive analysis of helping behavior based on the principle of strictly guaranteeing the basic rights of the accused in criminal justice.To be more specific,the act of assisting terrorist activities embodies the attitude of the criminal law to crack down on terrorist activities.It will help act after independence into sin.On the one hand,it helps to upgrade behavior into an act that expands the scope of penalties of criminal law and makes the punishment of helping behavior It no longer needs the connection of meaning in joint crime,solves the common intentional problems that may exist in practice,and on the other hand solves the punishment of "second aid".The so-called "second-hand help" refers to the help for helping behavior.Generally,people think that the help for helping behavior is different from the one for helping offenders and should not be punished by criminal law.However,in the case of "positive criminalization of helping behavior" Help "still need to be penalized by criminal law.In addition,the act of assisting terrorist activities has its own special object of conduct.The "Criminal Law Amendment(?)"Use "terrorist organizations","individuals conducting terrorist activities" and "training of terrorist activities" as the crime of assisting in terrorist activities Behavioral object."Terrorist organization" is different from "terrorist organization",which is lagging behind the identification of the need to go through a series of procedures to determine."Individuals carrying out terrorist activities" are also different from "terrorists,"whose former scope is greater than that of the latter.Any natural person who intends to commit terrorist activities can be attributed to "the individual conducting terrorist activities" and "terrorists" more emphasize the perpetrators' Occupation is engaged in terrorist activities."Terrorist training" differs from "terrorist training",which is covered by the former's scope.It should be said that the targets of the act of assisting terrorist activities cover all possible situations and are conducive to a comprehensive fight against terrorist activities.Funding,recruitment and delivery are the only three behaviors of this crime,and all other forms of help are excluded from the discussion of the crime of assisting terrorist activities.That is,the act of assisting terrorist activities is not the same concept as the act of helping terrorist activities.The intention is to provide assistance to the perpetrators of terrorist activities through means of financing,recruiting or transporting.The connotation of the crime of assisting in terrorist activities has different contents in different historical periods.Whether in the form of funding,recruiting or transporting,the connotation of the crime of terrorist activities is continuously enriched with the changes of the society.The behavioral characteristics of crimes that help terrorist activities can be summed up as historical connotation Sexuality,the limits of punishment and the status of the suspension.By clarifying the above behavioral characteristics of this crime,we can make a better distinction between the acts of assisting terrorist activities and related acts,such as organizing,leading and participating in acts of terrorist organizations,preparing for the commission of terrorist activities and laundering crimes,This kind of comparison can fully understand the position of the crime of assisting terrorist activities in the criminal law system and provide a theoretical basis for correctly understanding the behavioral boundaries of the crime of assisting terrorist activities in judicial application.