Accurate Distinction Between Accessory Crimes and Concealment Crimes in Virtual Money Crimes

With the globalization of Virtual Money, the related legal issues are becoming increasingly complex, especially in criminal justice practice. The crime of assisting information network criminal activities (referred to as "assisting crime") and the crime of concealing and disguising criminal proceeds (referred to as "concealment crime") are two common charges within the Virtual Money crime chain, often leading to overlaps and confusion in factual determination and legal application.

This confusion not only affects the accurate determination of the case but also directly relates to the severity of the sentencing. Although both crimes are important tools in combating cybercrime and money laundering, there are significant differences in subjective intent, methods of conduct, and sentencing ranges.

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

1. Case Analysis

Taking the case of Chen Si and others concealing facts as an example, as judged by the Intermediate People's Court of Jiaozuo City, Henan Province ((2022) Yu 08 Criminal Final No. 50), the case summary is as follows:

In December 2020, Li Gang and others, knowing the circumstances, organized Chen Si and others to use bank cards to transfer criminal proceeds. Chen Si and others provided real-name bank cards to participate in the transfers (partly by purchasing Virtual Money) and kept accounts and reconciled in online groups. The three bank cards provided by Chen transferred over 147,000 yuan of fraud funds.

In February 2021, after Li Gang and others were arrested, Chen Si and others continued to organize the transfer of criminal proceeds, with the amount involved exceeding 441,000 yuan.

The first-instance court found that Chen Si constituted the crime of concealing, sentencing him to four years in prison and imposing a fine of 20,000 yuan. Chen Si and his defense lawyer believe that it should constitute a lighter crime of aiding, but the second-instance court rejected the appeal and upheld the original judgment.

This case highlights the focal points of contention among the prosecution, defense, and court regarding the application of the crime of aiding and abetting and the crime of concealing when transferring the proceeds of crime related to Virtual Money.

2. The Applicability of Aiding and Concealing in Criminal Cases in the Coin Circle

In criminal cases within the coin circle, the boundaries of the crimes of aiding and abetting and concealment are closely related to the role positioning of the actor, the degree of subjective awareness, and the consequences of the act. Although both crimes require the actor to be "aware," there are significant differences in their applicable scenarios:

(1) Typical Application Scenarios of Assisting in Crime

The crime of assisting refers to the act of knowingly providing technical support, promoting, directing traffic, payment settlement, and other assistance to others who use the information network to commit crimes. Common acts of assisting in the coin circle include:

1. Assist fraud groups in collecting coins and transferring coins;
2. Providing address transfer services knowing that it is illegal funds;
3. Provide a virtual money wallet address for transfer.

The key to this crime lies in the "assistance" behavior that directly facilitates information network crimes, without the need for profit as a motive.

(2) Typical Application Scenarios of Concealment Crimes

Concealing crime is more focused on assisting in the handling of "dirty money," which is manifested by knowingly aiding in the transfer, acquisition, holding, exchange, etc. of criminal proceeds or their profits. Common manifestations include:

1. Acquire virtual money obtained through electronic fraud;
2. Knowing that it is illegal funds, still engaging in "money laundering" or exchanging it for fiat currency;
3. Custody, withdrawal and other actions.

Concealment of crime emphasizes assisting in the "digesting of stolen goods", which is closer to the traditional meaning of "money laundering", and the premise is a clear understanding of the proceeds of crime.

Therefore, the applicable boundaries of the two crimes lie in the stage at which the act occurs, the subject of subjective awareness, and whether the act directly contributes to the success of the crime or to the handling of the criminal outcome afterwards.

3. Methods to Accurately Distinguish Between the Crime of Assisting and the Crime of Concealment

Accurately distinguishing between these two offenses requires a comprehensive judgment based on subjective mindset, objective behavior, and case evidence; it cannot be simply categorized under a charge. The following three aspects are crucial:

(1) The subjectively known objects are different.

1. Assisting Crime: The actor must be aware of "others committing crimes using information networks" itself. That is, being aware that others are engaging in illegal online activities such as telecom fraud and gambling (only a general awareness is required), yet still providing assistance.

2. Concealment Crime: The perpetrator must have knowledge that "the property handled is derived from criminal activities." It is not necessary to know the specific details of the original criminal act; it is sufficient to know that the handled property or Virtual Money is illegally obtained.

In other words, the "knowledge" in the crime of aiding and abetting refers to the awareness of the criminal act itself, while the "knowledge" in the crime of concealment refers to 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 crime is committed, serving as a "supporting role";
2. Concealment crimes usually occur after the completion of the crime, serving the purpose of "cleaning the proceeds of crime."

For example, assisting in opening a virtual money wallet and participating in fund transfers may constitute the crime of assisting; however, if the crime has been completed and the coin is handed over to another person for custody or sale, it may constitute the crime of concealment.

(3) Whether it constitutes the completion of a crime

Concealment behavior often has a strong causal relationship with the criminal outcome, for example, without a transfer, the funds of the fraud gang cannot be released. Although the crime of assisting in crime also helps to "monetize the profits" of upstream crimes, it does not determine whether upstream crimes can be established.

For defense lawyers, they can approach the defense from the following two levels:

1. Evidence Level: Focus on analyzing how the individual obtains coins, whether communication records mention upstream crimes, and if there is an intention to "clean" the currency'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 to the crime of assisting in a crime, advocating for a "minor offense" treatment.

4. Conclusion

With the technical characteristics of Virtual Money, the application of criminal law has become significantly more difficult, and the boundaries between the crimes of aiding and concealing have become increasingly blurred. In this context, criminal lawyers in relevant fields 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 criminal charges concerns the restraint of the law and the realization of justice. From the standpoint of personal rights protection, accurately distinguishing between aiding and concealing crimes directly determines the fate trajectory of the individuals involved.

In the future, with the further standardization of judicial practices and the gradual improvement of the legal system for Virtual Money, the legal application in this field will become clearer. However, before that, each distinction of charges in criminal cases within the coin circle is a severe test of lawyers' professional abilities and sense of responsibility.