| In the case of helping telecommunication network fraud to withdraw money,the determination of the crime of helping to withdraw money,the determination of the criminal status,and the determination of the amount of the crime are the prevalent points of contention.About the determination of the crime of helping to withdraw money,there is a dispute between the crime of fraud and the crime of concealing the proceeds of crime.The determination of the criminal status of the person helping to withdraw money is mainly reflected in the dispute between the principal and the accessory when constituting the crime of fraud.About the determination of the criminal amount of the person helping to withdraw money,there is mainly a dispute between the total amount of crime and the amount of participation.An accurate determination of the offense of helping to withdraw money requires a comprehensive analysis in conjunction with the subjective state of mind and objective behavior of the person.If the person helping to withdraw the money conspires with the fraudulent group before the fraud is committed,he or she constitutes an accomplice to the crime of fraud.If there is no prior conspiracy,but he or she knows that the money is the proceeds of a crime,but does not know the specific type of crime and helps to withdraw the money,depending on whether the time of participation in the crime is before or after the attempt to commit fraud,the crime of helping information network criminal activities and the crime of concealing the proceeds of crime can be constituted respectively.In the absence of prior conspiracy,but knowing that the money is the proceeds of telecommunication network fraud,it is necessary to continue to determine the time when the person who took the money was involved in the crime.The perpetrator who intervenes in the crime after the completion of the fraud constitutes the crime of concealing the proceeds of the crime.If the perpetrator intervenes before the end of the act of committing the crime,it constitutes the crime of fraud.In addition,the third type of withdrawer needs to distinguish between the one-time and multiple withdrawal modes.In the multiple withdrawal mode,if the first withdrawal by the perpetrator was guilty of concealing the proceeds of crime and then continues to commit multiple withdrawals with the knowledge that others are committing telecommunication fraud,the previous withdrawal forms a prior conspiracy for the next withdrawal,which constitutes the crime of fraud from the time of the second withdrawal,and is ultimately recognized as a crime of fraud,without imposing concurrent penalties for several crimes.As for the determination of criminal status when helping the withdrawer constitutes an accomplice in the crime of fraud,it is not appropriate to consider all of them as accomplices,should be combined with the role of the perpetrator in the joint crime,and the size of the causal relationship between the harm and the results of a comprehensive determination.On the issue of the amount of the crime of the helper,according to whether the helper and the fraudster formed a more permanent telecoms fraud group,the total amount of the crime and the amount of participation in the application of the situation. |
