隐瞒犯罪所得

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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
汪斌指出,"一对多""多对多"的帮信行为成为重要形态,专门提供非法软件、"解封"服务等"技术支 持"行为,成为信息网络犯罪产业链中独立的上下游犯罪形式,涉"两卡"帮信犯罪已经形成了"卡农—卡 商—卡头"的组织模式,出现职业开卡人、职业养卡人等不法群体。同时,随着电信网络诈骗、网络赌 博等犯罪转向跨境实施,为其"输血供粮"和提供"技术助攻"的帮信行为增多,亟需有力打击。 统计数据显示,当前帮信犯罪的被告人呈现低龄化、低学历、低收入、初犯比例高的"三低一高"特点, 35岁以下被告人占比超过80%,25岁以下被告人占比三分之一。"特别是未成年人、在校学生群体涉案 问题突出,社会危害严重。"汪斌表示。 在梳理帮信犯罪既有立法、司法规定以及充分调研基础上,就实践争议大、认定难的问题,提出明确的 适用规则。《意见》调整和整合了有关规范性文件的相关规定,进一步明确了帮信罪的主观明知认定规 则,涉"两卡"帮信罪的"情节严重"认定标准,以及帮信罪与掩隐罪、诈骗罪等关联犯罪共犯的区分规 则,有效解决了法律适用和司法认定不统一的问题。 为依法打击帮助信息网络犯罪活动,斩断电信网络诈骗等信息网络犯罪的上下游链条,最高人民法院、 最高 ...
“两高一部”联合发布依法惩治帮信犯罪活动及相关犯罪典型案例
Yang Shi Xin Wen Ke Hu Duan· 2025-07-28 03:19
Core Viewpoint - The rise of telecom network fraud and related crimes has led to an increase in associated crimes that support and facilitate these fraudulent activities, with the crime of aiding information network criminal activities (referred to as "aiding crime") being the most prevalent and complex type of crime [1] Group 1: Characteristics of Aiding Crimes - Aiding crimes are increasingly organized and professional, as demonstrated by cases where individuals set up "studios" to illegally provide technical assistance for fraud, such as unblocking internet accounts and fake registrations [2] - New types of aiding crimes exhibit stronger technical and covert characteristics, with cases involving advanced communication technology that supports telecom fraud, highlighting the need for stringent legal action against such crimes [3] - The interconnected nature of new information network crimes has led to a large-scale black and gray industrial chain, necessitating comprehensive legal action against both telecom fraud and its associated crimes [3] Group 2: Legal and Policy Approaches - The approach to combating aiding and related crimes is systematic, focusing on severe punishment for organized and professional criminal activities while also differentiating treatment for less severe offenders, particularly minors and students [4] - The implementation of a lenient policy for certain offenders, such as students involved in aiding crimes, emphasizes education and rehabilitation, with legal actions taken to prevent recidivism [4] - Future efforts by the judiciary and law enforcement will focus on intensifying the crackdown on aiding crimes and enhancing comprehensive governance to ensure network security and public safety [4]
为规避追查,诈骗分子“谍战片”式运输黄金
Bei Jing Ri Bao Ke Hu Duan· 2025-06-04 03:55
Core Viewpoint - A significant investment fraud scheme has emerged, involving multiple victims across Jiangsu, Jiangxi, and Guangdong, where individuals lost over 400,000 yuan in gold investments through a fraudulent investment app that became inaccessible after the gold was supposedly signed for [1][6]. Group 1: Fraud Mechanism - Victims were lured into a fraudulent investment scheme through a WeChat stock trading group, where they were promised high returns by a supposed expert [2][3]. - The scheme involved purchasing gold as a form of "physical deposit" to bypass investment limits, with victims instructed to send the gold to a designated address [3][4]. - Once the gold was sent, victims' accounts showed inflated balances, but access was restricted, leading to further demands for more gold purchases to "unfreeze" accounts [3][6]. Group 2: Criminal Operations - The criminal operation involved a network of individuals, including a key figure named Huang, who coordinated the collection and transfer of gold from victims [4][5]. - The operation utilized a method of disguising the transfer of funds by converting them into gold, which was then physically moved to evade law enforcement [7][8]. - Evidence collection focused on the logistics of gold purchasing, shipping, and signing for deliveries, which was crucial for prosecuting the involved parties [7][8]. Group 3: Legal Proceedings - The case has led to the prosecution of individuals involved in the scheme, with Huang receiving a sentence of two years and three months, along with a fine of 12,000 yuan [8]. - Ongoing investigations are targeting additional accomplices and the mastermind behind the scheme, indicating a broader network of fraud [8].