Research On Criminal Responsibility Of People Who Only Help Telecommunications Fraud Criminals Withdraw Money

The crime of fraud is a high-frequency crime among property crimes.Telecommunications fraud is a product derived from network communication technology.The criminal methods are complex and changeable,concealed and difficult to fight.It cannot fully apply the theory and practice of traditional fraud.In order to evade investigation,the behind-the-scenes operations of telecommunication fraudsters have spawned the role setting of "full-time cashiers" in telecommunication scams.Participation in practice is complex and diverse,and details are not uniform,making it more difficult to determine criminal responsibility for such roles.The differences between the crime of concealing the proceeds of crime or the crime of scams(accomplices)have brought new challenges to the traditional study of fraud crimes.The full text is about 26,000 words and is divided into four parts.The first part: basic information of the case.Through the introduction of Zhang’s withdrawal case for telecommunications fraudsters,the author put forward the divergent opinions in this case-whether the telecommunications fraudulent money-collector’s help withdrawal behavior constitutes the crime of concealing the proceeds of crime or the crime of scams(accomplices).At the same time,the four focal points that led to the controversy are summarized:(1)Is there a prior conspiracy that constitutes an accomplice in this case?(2)How is the accomplished point in telecommunication fraud defined?(3)How to determine the causality of the helper?(4)To what extent should the subjective knowing of helpers be achieved?The second part: related legal analysis.This part focuses on the focus of the controversy,mainly discuss from four parts.The first is the understanding of prior conspiracy.The content of the "conspiracy" should be limited to the scope of the constituent elements of the upstream crime before the act is carried out in advance.Therefore,the ex ante conspiracy of ex post fraudulent acts is not a conspiracy to implement specific fraud.Acquire an accomplice who believes that ex post cash constitutes the crime of fraud.The second is the definition of the time point of the telecommunications fraud crime.Because the transfer can be cancelled within 24 hours and the relevant departments can take measures to stop payment and freeze,this article believes that in the case of telecommunication fraud crimes,it should be used as the standard for the actual acquisition of money by telecommunication fraudsters,and it is not appropriate to introduce the concept of substantial end at will.The third is to help identify the cause and effect of criminals.Establishing the requirement of helping the offender,there must be physical causality or psychological causality between the assisting behavior and the offender’s behavior and result.There is only psychological causality between the first withdrawal of money in this case and the result of telecommunications fraud.After the subsequent multiple withdrawals became an important part of the fraud,the physical act of helping the withdrawal formed a physical cause and effect with the complete fraud.The fourth is to help the subjective knowingly identify the offender.As for the cash withdrawal in telecommunication fraud,as long as they subjectively realize that the money may originate from criminal activities and still provide help,it may constitute a helper in telecommunication fraud crimes,and can be based on the number of withdrawals,abnormal remuneration ratio,and withdrawal methods.It is presumed that he knew that the crime had been committed and that the crime of fraud was within his knowledge.The third part: research conclusions of this case.Through the legal analysis of the second part,it is concluded that there is prior conspiracy in this case,there is a causal relationship between the telecommunication fraud cashier’s assistance withdrawing behavior and the fraud behavior and the result.The cashier’s subjective knowingly help is illegal and criminal behavior.The crime is within its subjective knowing scope,so this case constitutes an accomplice in the crime of fraud.As the culprit of the crime of fraud,its withdrawal cannot be punished with the crime of concealing or concealing the proceeds of crime.The fourth part: the research inspiration of this case.In the face of complex and changeable cashier involvement in crimes,it is necessary to clarify the application of the crimes in different circumstances,improve the judicial interpretation of the criminal liability of the telecommunications fraudulent cashier,supplement the interpretation of key words and sentences and identify the specific application situations,regulate the use of legal terms,and prevent a large number of different cases have been judged in the same case.