The Analysis Of Yan Jinzhi And Yan Linzhi Fraud

In Yan Jinzhi and Yan Linzhi fraud case,the focus of the dispute between the organs of public prosecution,the judicial organ,and the defender mainly included whether the behavior of the two defendants was an accessory in fraud,whether the behavior of the two defendants was found to cover up and conceal the crime,and whether there is a need for a separate evaluation of the two defendants' illegal holding of credit cards.According to the review,the two defendants help behavior occurred before the crime of fraud accomplished,and they "know well" that the money taken was derived from criminal activities.To distinguish the crimes that aided withdrawals actually constituted,it is necessary not only to make judgments on the cognitive factors in joint crimes,but also to make an accurate determination of the time when the fraudulent acts were accomplished through objective facts.In the judgment of cyber fraud aiding the common compulsion,the aid-seekers are only required to realize that the money they withdraw may be derived from criminal activities.They do not need to recognize the type of crime and the specific details of the fraudulent activity.The judgment of the existing fraudulent crimes should adopt the criterion of‘out-of-controlling" in many doctrines.In the case of no prior conspiracy,assisting the cash withdrawal person to withdraw money before the crime of fraud can constitute an accessory,who will withdraw money after accomplished offense can't be an accessory.Therefore,the defendants had common intentions of fraud with the fraud actor,thus can constitute an accessory.If it is only regarded as crime related to loot,it will be impossible to evaluate all the defendants' crimes.In the determination of the implicated relationship,the subjective purpose and objective behavior of the defendant must be fully analyzed in light of the "compromise".The defendants illegal possession of a large number of credit cards does not need to be individually assessed as a crime of credit card fraud,and the two defendants hold a credit card and help with withdrawal behaviors that involve the means and purpose of the act,and are consistent with the implicated offender.So they should be punished by the crime of fraud.