Article from People's Court Newspaper titled "Criminal Recognition of Virtual Currency Settlement Payment Assistance Behavior."

According to a report from BlockBeats on October 26th, the People's Court publication "Criminal Identification of Virtual Currency Settlement Payment Assistance" pointed out that virtual currency settlement payment assistance is the act of using virtual currency to provide financial transfer assistance for others to commit telecommunications fraud. In the criminal identification of virtual currency settlement payment behavior, the characteristics of criminal proceeds should be grasped, the boundary nodes of upstream telecommunications fraud and subsequent concealment and hiding of criminal proceeds and profit behavior should be distinguished, and the impact of the subjective knowledge and "collusion" of the helper's production time and content on the charge identification should be distinguished, in order to distinguish the easily confused charges. Firstly, it is necessary to determine whether the object transferred by virtual currency has the three characteristics of criminal proceeds, namely, property, criminal illegality, and certainty. Secondly, taking the crime of fraud as the boundary point, virtual currency settlement payment behavior is defined as the behavior of concealing and hiding criminal proceeds and profits, or as the behavior of assisting upstream telecommunications fraud. Finally, it should be determined whether the helper has colluded with others in advance, whether he or she only knows that others are illegally using the information network to carry out criminal activities, or whether he or she knows that others are committing fraud, in order to determine whether virtual currency settlement payment behavior constitutes the crime of telecommunications fraud. In conclusion, there are three situations in the criminal identification of virtual currency settlement payment assistance. The first is that the helper intentionally provides virtual currency settlement payment assistance for the criminal who has acquired property, criminal illegality, and certainty after the crime of fraud has been completed and before collusion with others, which constitutes the crime of concealing and hiding criminal proceeds and profits. The second is that although the helper has objectively concealed and hidden criminal proceeds, if he or she has formed a mental connection with others regarding the fraud after it has been completed, his or her behavior should be identified as an accomplice to the crime of fraud; if the helper has formed a mental connection with others regarding the implementation of information network criminal activities after the fraud has been completed, his or her behavior constitutes the crime of assisting information network criminal activities. The third is that if the crime of fraud is not completed or the property does not have the three characteristics of criminal proceeds, but the helper knows that others are committing fraud and provides virtual currency settlement payment services, he or she should be identified as an accomplice to the crime of fraud; if the helper knows that others are carrying out information network criminal activities but does not know the specific criminal activities, he or she should be held criminally responsible for assisting information network criminal activities.