Credit crimes refer to the use of methods such as fabricating facts, concealing the truth, or failing to fulfill promises to deceive others into obtaining property or other benefits. When a suspect who has been convicted of a crime of fiduciary is released on bail pending trial, what will be the impact on the suspect if the prosecution decides not to prosecute?
1. What happens if you don't prosecute after being released on bail for the crime of aiding trust?
1. The compulsory measure of not prosecuting and release on bail pending trial after being released on bail on suspicion of committing the crime of aiding and abetting trust will be lifted
Article 178 of the Criminal Procedure Law.
The decision not to prosecute shall be publicly announced, and the written decision not to prosecute shall be sent to the person not being prosecuted and his unit. If the person not prosecuted is in custody, he shall be released immediately.
2. Penalties that may be imposed for constituting the crime of aiding and abetting:
Article 287-bis of the Criminal Law.
Where it is clearly known that others are using information networks to commit crimes, and providing them with technical support such as internet access, server hosting, network storage, or communication transmission, or providing assistance such as advertising and promotion, payment and settlement, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the first paragraph.
Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.
II. What are the common points between the crime of aiding and abetting and the crime of covering up or concealing criminal proceeds?
The common denominator between the crime of aiding and abetting and the crime of covering up or concealing criminal proceeds includes that both are related to the predicate crime and both are aiders to the predicate crime.
1. All of them are related to predicate crimes.
Without the perpetrators who use the information network to commit crimes, there will be no acts that help the information network crimes;Without the perpetrator of the acquisition of illicit proceeds (stolen money and goods) by criminal means, there would be no act of harboring, transferring, purchasing, selling on behalf of others, or otherwise concealing or concealing the proceeds of crime and the proceeds thereof.
2. The crime of aiding and abetting and the crime of covering up or concealing criminal proceeds are both aiding and abetting the predicate crime.
As far as the perpetrator of the crime of using the information network is concerned, the specific crime committed by the perpetrator of the crime cannot be completed without the help of the perpetrator of the crime of trustAs far as the perpetrator of the crime of infringing on property rights is concerned, his illegal gains (stolen money and goods) cannot be maintained and continued without covering up or concealing his criminal proceeds.
3. The crime of aiding and abetting and the crime of covering up or concealing criminal proceeds are both generalized in the subjective knowledge of the predicate crime, and it is not required to know what kind of crime the predicate crime was committed.
For the crime of aiding and abetting, the perpetrator does not need to know that the person being helped is using the information network to commit a specific crime, such as fraud, opening a casino, or selling counterfeit and shoddy goods, as long as he knows that the person being helped is using the information network to commit a crime;For the crime of covering up or concealing criminal proceeds, it is not necessary to know what criminal means were used to conceal or conceal the stolen money or goods, such as theft, robbery, fraud, etc., as long as it is known that they are criminal proceeds or the proceeds generated by criminal proceeds.
3. What is the difference between the crime of aiding and abetting and the crime of covering up or concealing criminal proceeds?
The difference between the crime of aiding and abetting and the crime of covering up or concealing criminal proceeds includes different times of conduct and different targets of attack.
1. The time of the behavior is different.
1) The crime of aiding and abetting occurred before the completion of the predicate crime, and the crime of covering up and concealing criminal proceeds or the proceeds of criminal proceeds occurred after the completion of the predicate crime.
2) The crime of aiding and abetting is an auxiliary act in the course of the commission of the predicate crime, and shall occur before the predicate crime is completed. As far as the specific case of payment and settlement is concerned, the perpetrator of the crime of aiding and abetting trust is actually an accessory to the predicate crime, and without the perpetrator providing payment and settlement assistance, the predicate crime may lack a channel to collect the proceeds of crime, and it will be difficult for the predicate crime to be completed.
3) The crime of covering up and concealing criminal proceeds or the proceeds of criminal proceeds is a crime of stolen goods, that is, the act of disposing of stolen goods after the crime has been committed, and in essence, it is the transfer of stolen money and goods from criminal proceeds. Therefore, the establishment of the crime of covering up and concealing the proceeds of crime and the proceeds of crime is limited to after the completion of the predicate crime.
2. The targets of the attack are different.
1) The payment and settlement business of the crime of aiding and abetting is to crack down on acts that obstruct the order of the management of bank fund accounts, and the crime of covering up and concealing criminal proceeds and the proceeds of criminal proceeds is to crack down on the criminal acts of obstructing the judicial organs to trace stolen funds.
2) In the payment and settlement business, the subject of fund payment and settlement should be the bank, and the actor who provides payment and settlement assistance in the crime of aiding and trusting uses his or her own or another person's bank card to help the actor make transfers and disbursements at various levels, and it is the order of bank fund account management that destroys the order of bank fund account management. Therefore, for the crime of aiding and abetting payment and settlement business, the target of the attack is the behavior that obstructs the order of the bank's fund account management.
3) Clearly harboring, transferring, purchasing, selling on behalf of others, or otherwise covering up or concealing criminal proceeds or the proceeds thereof, and "concealing or concealing the predicate crime makes it impossible to promptly investigate and handle the predicate crime and causes irreparable losses to public or private property", or "carrying out other acts of covering up or concealing the criminal proceeds and the proceeds thereof, obstructing the judicial organs' pursuit of the predicate crime", it shall be convicted and punished as the crime of covering up or concealing the criminal proceeds or the proceeds thereof. Therefore, the crime of covering up and concealing the proceeds of crime is a crime that obstructs the judicial authorities from pursuing stolen money.
3. The degree of knowledge is different
1) The crime of aiding and abetting and the crime of covering up and concealing criminal proceeds and the proceeds of criminal proceeds are both premised on "knowing", but the requirements for the degree of "knowing" are different.
The crime of aiding and abetting is usually limited to general knowledge of the predicate crime, and the crime of covering up and concealing criminal proceeds or the proceeds of criminal proceeds includes both general knowledge and clear knowledge.
2) The crime of aiding and believing only requires that the perpetrator has general knowledge of the nature of the predicate crime, that is, subjectively knowing that the predicate actor is likely to be a criminal act or has a certain criminal characteristic, but it does not matter what kind of criminal act is specifically committed. Those who clearly know that others are committing telecommunications network fraud, participate in a fraud gang or form a relatively stable cooperative relationship with the fraud gang, and provide others with credit cards or transfer money to withdraw cash for a long period of time, may be punished for the crime of fraud. Therefore, if one subjectively clearly knows what specific criminal conduct was committed in the predicate crime, but still provides assistance, there is a situation where the accomplice to the predicate crime is punished. For example, in the criminal act of providing a bank card to others for fund payment and settlement business, the actor who simply provides the bank card can generally only foresee the possibility of the bank card being used by the target of the bank card for cybercrime, which is a contingent cognition rather than a definitive cognition, and at this time the conviction and punishment of the crime of trust may be helped.
3) However, the crime of covering up and concealing criminal proceeds or the proceeds of criminal proceeds does not have the above restrictions, that is, the perpetrator can subjectively have both general and specific knowledge of the predicate crime, and as long as there is no prior conspiracy, it can not be assessed as a joint crime of the predicate crime. Similarly, in the criminal act of providing a bank card to others for fund payment and settlement operations, the person who provides the account and carries out acts such as transferring money or withdrawing cash often has a clearer understanding of the nature of the funds and the amount of the crime, and may be convicted of the crime of covering up and concealing criminal proceeds or the proceeds of criminal gains.
4. The object of the behavior is different
In addition to illegal gains and proceeds, the objects of payment and settlement in the crime of aiding trust also include other funds related to cybercrime, such as helping a fraud gang transfer "rebate" funds in the early stage of fraud to the victim, paying for the rental of overseas servers, etc. The object of the crime of covering up or concealing criminal proceeds or the proceeds of criminal proceeds can only be criminal proceeds and their proceeds, as well as stolen funds or unlawful gains from predicate crimes.
For suspects released on bail pending trial, non-prosecution means that they will not be further criminally held accountable and criminal penalties can be avoided. Secondly, non-prosecution does not mean that the suspect's actions are lawful or innocent, but that for some reason, the prosecution decided not to prosecute him. In addition, non-prosecution does not preclude the victim or other relevant parties from initiating a civil lawsuit or taking other legal action against the suspect.
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