隐瞒犯罪所得

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两高司法解释精准打击电信网络诈骗犯罪
Zhong Guo Qing Nian Bao· 2025-08-27 10:36
Core Viewpoint - The Supreme People's Court and the Supreme People's Procuratorate have jointly issued a legal interpretation aimed at more precisely combating downstream crimes related to telecommunications and online fraud, effective from August 26, 2023 [1]. Group 1: Legal Interpretation Details - The interpretation consists of 12 articles that address the crime of concealing and disguising criminal proceeds, which is closely linked to telecommunications fraud and online gambling [1]. - The crime of concealing and disguising criminal proceeds has seen a shift in its primary associated crime from theft to fraud, particularly telecommunications fraud [1]. - The interpretation emphasizes strict legal standards for determining "knowledge of criminal proceeds," aiming to prevent the over-expansion of criminal liability [1]. Group 2: Criteria for Judging Social Harm - The interpretation outlines that the social harm of the crime should be assessed based on upstream and downstream relationships, subjective malice, methods of conduct, amounts involved, and criminal consequences [2]. - It allows for the prosecution of smaller amounts of concealing and disguising criminal proceeds if they are closely related to upstream crimes and have severe consequences [2]. - Conversely, larger amounts that are loosely connected to upstream crimes may not be prosecuted or may receive leniency [2]. Group 3: Penalty Standards - The interpretation optimizes the standards for aggravated penalties, distinguishing between serious crimes like illegal mining and other offenses, with specific monetary thresholds set at 5 million and 500,000 yuan respectively [2]. - A new provision encourages cooperation with judicial authorities in tracing upstream crimes, allowing for reduced penalties for those who assist in recovering losses [2].
涉“两卡”犯罪案件数量仍处高位 两高一部发文惩治电诈“帮凶”
Zheng Quan Shi Bao Wang· 2025-07-28 11:47
Core Viewpoint - The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security have issued guidelines to combat information network crimes, particularly focusing on organized, professional, and cross-border assistance in such crimes, emphasizing strict penalties for key offenders [1][2]. Group 1: Trends in Cybercrime - Since 2020, the number of cases related to assistance in information network crimes has been increasing, with over 100,000 cases reported in 2023, despite a significant decrease in the first half of 2024 compared to previous years [1]. - The rise in cases involving "two cards" (bank cards used for illicit activities) has also been noted, indicating a persistent high level of related criminal activity [1]. Group 2: Characteristics of Offenders - Current offenders in assistance crimes exhibit a "three lows and one high" profile: low age, low education, low income, and a high proportion of first-time offenders, with over 80% of defendants under 35 years old and one-third under 25 [2]. - There is a notable issue with minors and students being involved in these crimes, raising significant social concerns [2]. Group 3: Legal Framework and Enforcement - The guidelines clarify the criteria for determining whether an individual knowingly assisted in a crime, emphasizing the need to assess the severity of the crime and the involvement of the accused [3]. - The guidelines advocate for a balanced approach in enforcement, suggesting leniency for minors and those at the lower end of the criminal chain while ensuring strict penalties for serious offenders [3]. - Collaboration among various governmental departments is encouraged to enhance the comprehensive governance of information network crimes, focusing on both prevention and punishment [3].