TechFlow reports that the People's Court Daily published an article titled "Criminal Identification of Virtual Currency Settlement and Payment Assistance," clarifying the legal determination of assistance involving virtual currency settlement and payment. This refers to using virtual currency to assist others in carrying out telecom fraud, including facilitating the transfer of assets. When determining whether such virtual currency settlement and payment activities constitute a crime, the following key factors should be considered:
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Determine whether the subject possesses the three characteristics of criminal proceeds: property nature, criminal illegality, and certainty.
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Use the success or failure of the fraud as a dividing point to determine whether the virtual currency settlement and payment activity aims to conceal or disguise criminal proceeds and their benefits, or to assist in implementing upstream telecom fraud.
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Assess whether the assistant had prior collusion with others and whether they were aware that others were illegally using information networks for criminal activities, thereby determining whether the virtual currency settlement and payment conduct constitutes complicity in telecom fraud.
In summary, the criminal identification of virtual currency settlement and payment assistance falls into three scenarios, covering the crimes of concealing or disguising criminal proceeds, concealing criminal gains, being an accomplice to fraud, and assisting in information network criminal activities.
