Distinction between the crime of aiding and the crime of concealment in criminal cases involving Virtual Money

With the global expansion of Virtual Money, the legal issues it raises have become increasingly complex, especially in criminal justice practice. The crimes of assisting information network criminal activities (referred to as "assisting crime") and concealing or disguising criminal proceeds and the crime of benefiting from criminal proceeds (referred to as "concealment crime") are two common charges in the crime chain of Virtual Money, often leading to overlaps and confusion in fact determination and legal application.

This confusion not only affects the judicial authorities' accurate determination of the case, but also directly relates to the severity of the sentence for the defendant. Although both offenses are important tools for the criminal law to combat cybercrime and money laundering, there are significant differences in terms of subjective intent, methods of conduct, and sentencing ranges.

This article will conduct an in-depth exploration of how to accurately distinguish between aiding crimes and concealment crimes in virtual money crimes through case analysis, legal reasoning, and practical experience, providing practical references for relevant practitioners.

1. Case Introduction

Taking the case of Chen Si and others concealing information as judged by the Intermediate People's Court of Jiaozuo City, Henan Province as an example, the basic case details are as follows:

In December 2020, Li Gang and others, knowing that others needed bank cards to transfer illegal gains, organized Chen Si and others to use bank cards to transfer criminal proceeds. Chen Si and others, being aware of the situation, provided their real-name registered bank cards to participate in the transfers (some through purchasing Virtual Money and then transferring), and accounted and reconciled through online chat groups. The three bank cards provided by Chen Si transferred over 147,000 yuan of funds from telecom fraud.

In February 2021, after Li Gang and others were arrested, Chen Si and others continued to organize others to use bank cards or transfer money by purchasing Virtual Money, with an amount involved exceeding 441,000 yuan.

The first-instance court found that Chen Si constituted the crime of concealing, sentencing him to four years of imprisonment and imposing a fine of 20,000 yuan. Chen Si and his defense lawyer believed that he should be convicted of the lesser crime of aiding, but the second-instance court rejected the appeal and upheld the original verdict.

This case reflects the common disputes among the prosecution, defense, and court regarding the application of the crime of assisting and the crime of concealment when transferring upstream illegal gains through Virtual Money.

2. The Applicable Scope of Assistance and Concealment in Criminal Cases in the Coin Circle

In criminal cases related to Virtual Money, the applicable boundaries of the crimes of assisting and concealing are often closely related to the role positioning of the actor, the degree of subjective awareness, and the consequences of the actions. Although both crimes require the actor to be "aware," there are significant differences in their applicable scenarios:

(1) Typical Application Scenarios of the Crime of Assisting in Crime

The crime of assisting refers to the act of knowingly providing technical support, promotion, payment settlement, network storage, communication transmission, and other assistance to others committing crimes using information networks. In the field of Virtual Money, common acts of assisting crimes include:

1. Assist scam groups in collecting coins and transferring coins;
2. Knowing that it is illegal funds, yet still providing address transfer services;
3. Provide a Virtual Money wallet address for "running points" or transfer.

The key to this crime lies in the "assistance" that directly facilitates cyber crimes, without the need to aim for profit as the ultimate goal.

(2) Typical Application Scenarios of Concealment Crimes

Concealing crime is more focused on assisting upstream criminals in handling "proceeds of crime", manifested as the perpetrator knowing that it is criminal proceeds or its profits, yet still assisting in transferring, acquiring, holding on behalf of, exchanging, etc. Common manifestations include:

1. Acquire virtual money obtained by others through telecommunications fraud;
2. Knowing that it is illegal funds, still engaging in "money laundering" or exchanging it for fiat currency;
3. Acts such as safekeeping and withdrawal.

The crime of concealing emphasizes the actor's assistance in "digesting stolen goods", which is closer to the traditional concept of "money laundering"; the premise is a clear understanding of the criminal proceeds.

Therefore, the applicable boundaries of the two crimes lie in the stage of the act, the subject of subjective knowledge, and whether the act directly contributes to the success of the crime or deals with the results of the crime afterwards.

3. How to Accurately Distinguish Between Aiding and Abetting Crimes and Concealment Crimes?

Accurately distinguishing between these two charges requires a comprehensive judgment that combines subjective mentality, objective behavior, and objective evidence of the case; one cannot simply apply the charges. The following three aspects are crucial:

(1) The subject of subjective knowledge is different.

1. Collusion Crime: The actor must be aware of "others using information networks to commit crimes". This means being aware that others are engaging in online illegal activities such as telecom fraud, gambling, or infringing on citizens' personal information (only a general awareness is required) and still providing assistance.

2. Concealment Crime: The actor must have knowledge that "the property dealt with is proceeds of crime". It is not necessary to know the specific details of the original criminal act, it is sufficient to know that "the property or virtual money being dealt with is illicit funds".

In other words, the "knowledge" in the crime of assisting others is the awareness of the criminal act itself, while the "knowledge" in the crime of concealment is the awareness of the proceeds of the crime.

(2) The time nodes of the actions are different.

1. The crime of aiding and abetting often occurs during or before the commission of the crime, playing a "supporting role";
2. The crime of concealment usually occurs after the crime has been completed, serving the purpose of "laundering stolen goods."

For example, assisting in the opening of a virtual money wallet and participating in the transfer of funds may constitute the crime of aiding and abetting; however, if the crime has already been completed, when handing the coin over to another person for safekeeping or sale, the other party may then constitute the crime of concealment.

(3) Whether it constitutes a completed crime

Concealment behaviors often have a strong causal relationship with the results of crimes, for example, without running a score transfer, the funds of the fraud group cannot be cashed out. Although the crime of aiding and abetting also involves helping upstream crimes to "monetize" their gains, it does not determine whether the upstream crime can be established.

For defense attorneys, they can start their defense from the following two levels:

1. Evidence level: It is necessary to focus on analyzing how the actor acquired the coin, whether the communication records mention upstream crime, and whether there is an intention to "clean" the coin's flow.

2. Subjective level: If the defendant truly did not know that the upstream behavior was a crime, only knowing that "this coin is not clean", it should be considered to apply the crime of aiding and abetting, claiming a "minor offense" treatment.

4. Conclusion

With the support of technologies such as high anonymity, ease of cross-border transactions, and decentralization in Virtual Money, the difficulty of applying criminal law has significantly increased, and the boundaries between aiding and concealing crimes have become increasingly blurred. In this ambiguous boundary, criminal lawyers in the Virtual Money field should take on the role of "legal translators," not only mastering the skills of traditional criminal defense but also deeply understanding the underlying logic and practical uses of coins.

From the perspective of criminal policy, the precise application of light and heavy crimes relates to the restraint of the law and the realization of justice. From the standpoint of personal rights protection, the ability to accurately distinguish between aiding and concealing crimes directly determines the fate trajectory of the individuals involved.

In the future, with the further standardization of judicial practice and the gradual improvement of the legal system for Virtual Money, the application of law in this field will become clearer. However, before that, every distinction of charges in criminal cases related to Virtual Money is a severe test of the professional ability and sense of responsibility of lawyers.