出售出租银行卡电话卡？当心帮信罪

Core Viewpoint - The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security have issued opinions on handling criminal cases related to aiding information network crimes, emphasizing the need for public awareness to avoid falling into the trap of aiding crimes [1][2]. Group 1: Characteristics of Aiding Crimes - Aiding information network crime (referred to as "aiding crime") has been a new criminal offense since the amendment of the criminal law in November 2015, with a significant rise in related criminal activities forming a black-gray industrial chain [2]. - The current defendants in aiding crimes exhibit characteristics of being younger, less educated, lower income, and a high proportion of first-time offenders, with over 80% of defendants under 35 years old and one-third under 25 years old, particularly involving minors and students [2][3]. Group 2: Legal Treatment and Sentencing - The opinions clarify a balanced approach to sentencing, advocating for leniency towards minors, students, and those at the end of the criminal chain with lighter circumstances, while ensuring that leniency does not equate to impunity [3][4]. - In a case involving a student who knowingly rented out bank cards for criminal activities, the individual received an eight-month prison sentence with a one-year probation, while others involved were either not prosecuted or conditionally not prosecuted [3]. Group 3: Strict Punishment for Serious Offenders - The opinions specify that for organized, professional, and cross-border aiding crimes, as well as for organizers and key members, strict penalties will be enforced [4][5]. - The document outlines scenarios for severe punishment, including cross-border illegal technical support and the use of advanced AI technologies in committing crimes [4]. Group 4: Comprehensive Recognition and Prevention - The recognition of aiding crimes requires careful assessment of whether individuals were aware of their involvement in criminal activities and whether their actions meet the criteria for severe circumstances [6][7]. - The opinions emphasize the need for a comprehensive understanding of the subjective awareness of the individuals involved and the severity of the circumstances to avoid blanket judgments [7]. Group 5: Addressing Internal Corruption - The case of an insider from a telecommunications company who assisted in criminal activities highlights the need for strict penalties and professional bans for such individuals, alongside recommendations for improved internal oversight within organizations [8][9]. - The approach to combating aiding crimes is described as a systematic project that requires both strict enforcement of laws and comprehensive governance strategies [8][9].