Qualitative Analysis of Criminal Characterization on Assisting in Crimes and Gaining Profits Therefrom

Abstract

To effectively regulate, accurately penalize and systematically prevent assist cybercrimes, Article 287-2 of the Criminal Law of the People's Republic of China, which defines the offense of aiding cybercriminal activities, has been specifically established in China's Criminal Code. This paper aims to conduct a systematic comparative analysis and jurisprudential discussion on the offense of aiding cybercriminal activities in China's legal system, and the equivalent aiding cybercrime offenses established in major extraterritorial jurisdictions, including the United States, Germany and Japan. This study combines a series of typical specific cases in China's judicial practice in recent years, and carries out in-depth classification and empirical research on this category of crime with "provision of technical support, payment and settlement assistance" and "acquisition of illegal proceeds" as its core characteristics. Through the aforementioned multi-dimensional comparative analysis and case dissection, this study attempts to draw conclusions with both theoretical and practical value on the delimitation of boundaries between the offense of aiding cybercriminal activities and other equivalent aiding offenses involving illegal proceeds, in terms of constitutive elements, incrimination standards and judicial identification. Ultimately, the "aiding act + illicit gain" offenses are classified into three categories: "instrumental" aiding, cooperative aiding and post-offense aiding, and the proposed perspective is substantiated with specific case examples.