Accurately Distinguishing Between Accessory Crimes and Concealment Crimes in Virtual Money Crimes

With the globalization of Virtual Money, related legal issues have become increasingly complex, especially in criminal justice practice. The crime of assisting information network criminal activities (referred to as "aiding crime") and the crime of concealing and disguising proceeds of crime (referred to as "concealment crime") are two common charges in Virtual Money crimes, often appearing in overlapping and confusing ways in terms of fact determination and legal application.

This confusion not only affects the accurate judgment of the case by judicial authorities but also directly relates to the severity of the sentencing for the defendant. Although both crimes are important tools in the criminal law to combat cybercrime and money laundering, there are significant differences in terms of subjective intention, methods of conduct, and sentencing range.

This article will delve into how to accurately distinguish between aiding and abetting crimes and concealment crimes in virtual money offenses through case analysis, legal reasoning, and practical experience, providing practical references for relevant practitioners.

1. Case Introduction

Let's first understand the difference between the court's judgment on crimes related to coin assistance and concealment through a practical case. In the concealment case of Chen Si and others judged by the Intermediate People's Court of Jiaozuo City, Henan Province ((2022) Yu 08 Xing Zhong 50), the basic case details are as follows:

In December 2020, Li Ganggang and others, knowing that others needed bank cards to transfer illegal crime proceeds, organized Chen Si and others to use bank cards to transfer crime proceeds. Chen Si and others, knowing that Li Ganggang and others were using bank cards to transfer illegal crime proceeds, provided their real-name registered Bank of China, Agricultural Bank, and Postal Bank cards to participate in the transfer (some transferred after purchasing Virtual Money) and kept accounts and reconciled through online chat groups. According to statistics from the investigation authorities, the 3 bank cards provided by Chen Si transferred more than 147,000 yuan of fraud funds.

In February 2021, Li Gang and others were arrested by the public security authorities. However, Chen Si and others continued to organize others to transfer criminal proceeds using bank cards, or to transfer funds by purchasing Virtual Money, with the amount involved exceeding 441,000 yuan.

The first-instance court found Chen Si guilty of concealment and sentenced him to four years in prison and a fine of 20,000 yuan.

Chen Si and his defense lawyer believe that the first-instance court made an error in characterizing the case, and that it should constitute a lighter offense of aiding and abetting rather than the more serious offense of concealment. However, the second-instance court did not support the views of the defendant and his lawyer, ultimately rejecting the appeal and upholding the original judgment.

This case illustrates well the common points of contention among the prosecution, defense, and court regarding the application of the crime of aiding and abetting and the crime of concealment when transferring upstream illegal gains through Virtual Money.

2. In criminal cases involving Virtual Money, the scope of application for the crime of assisting and concealing.

In criminal cases involving virtual money, the applicable boundaries of aiding and abetting crimes and concealing crimes are usually closely related to the actor's role positioning, subjective awareness level, and the consequences of their actions. Although both crimes require the actor to "know" the circumstances, a careful examination reveals that the applicable scenarios for the two crimes actually have significant differences:

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

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

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

The key point of this crime lies in the "assistance" behavior that directly facilitates information network crimes, without the need to aim for profit as the final goal.

(2) Typical Application Scenarios of Concealment Crimes

Concealing crimes focuses more on assisting upstream criminals in handling "proceeds of crime", specifically manifested as the actor knowingly transferring, acquiring, holding on behalf of, exchanging, etc. the proceeds or their gains from criminal activities. Common manifestations include:

1. Acquire virtual money obtained by others through telecommunications fraud;
2. Knowing it is dirty money but still engaging in "coin laundering" or exchanging it for fiat currency;
3. Custody, withdrawal, and other actions.

The concealment of crime emphasizes the actor's assistance in "digesting the proceeds of crime", which is closer to the traditional meaning of "money laundering", and the premise is a clear understanding of the criminal proceeds.

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

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

Accurately distinguishing between these two crimes requires a comprehensive judgment based on subjective mindset, objective behavior, and objective evidence of the case; it cannot be simply applied by the name of the crime. The following three aspects are crucial:

(1) The subjectively known objects are different.

1. Assisting in Crime: The perpetrator must have knowledge of "others committing crimes using information networks" itself. That is: knowing that others are engaging in illegal online activities such as telecom fraud, gambling, and infringing on citizens' personal information (it is sufficient to have a general awareness), while still providing assistance.

2. Concealment Crime: The actor must have knowledge that "the property being handled is the proceeds of crime". That is: there is no need to have knowledge of the specific details of the original criminal act, it is sufficient to know that "the property or Virtual Money being handled is illicit funds".

In other words, the "knowledge" in the crime of assistance 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 assisting often occurs during or before the crime, playing a "supporting" role;

2. The concealment crime usually occurs after the crime is completed, serving the purpose of "cleaning the stolen goods".

For example, assisting a scammer in setting up a Virtual Money wallet and participating in the transfer of funds may constitute aiding and abetting; however, if the scammer has completed the fraud and hands the coins over to someone else to hold or sell, that person may be guilty of concealment.

(3) Whether it constitutes a completed crime

Concealment behavior often has a strong causal relationship with the criminal outcome. For example, without transferring funds for splitting, the fraud gang cannot cash out the funds. Although aiding and abetting crimes also involve helping upstream criminals "monetize their gains," it does not determine whether the upstream crime can be established.

For defense lawyers, defense can be approached from the following two levels:

First is the evidence aspect: It is necessary to focus on analyzing how the individual obtains coins, whether communication records mention upstream crimes, and whether there is an intention to "cleanse" the direction of the coin.

The second is the subjective aspect: If the defendant truly did not know that the upstream behavior was a crime, only knowing that "this coin is not clean", it is more appropriate to consider applying the crime of assisting in a crime, claiming "minor offense" treatment.

4. Conclusion

Under the technological support of high anonymity, ease of cross-border transactions, and decentralization of Virtual Money, the difficulty of applying criminal law has significantly increased, and the boundaries between the crime of assisting and the crime of concealment have become increasingly blurred. However, it is precisely within this ambiguous boundary that criminal lawyers in the field of Virtual Money 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 offenses is related to the law's restraint and the realization of justice. From the angle of personal rights protection, the ability to accurately distinguish between aiding and concealing offenses 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 coins, the application of law in this field will become clearer. However, before that, each differentiation of charges in criminal cases related to virtual money is a severe test of the lawyer's professional ability and sense of responsibility.