What is the "crime of aiding and abetting" that has become popular in the cryptocurrency circle in 2020? Retail investors should also be careful

Statement: This article is exclusively authorized to be edited and reprinted by "Wu Says Blockchain".

Freezing cards in the cryptocurrency world is a common practice, and the unfreezing process is generally similar. However, the public security organs in different regions inevitably have some local characteristics.

For example, some areas will require frozen friends to sign a "warning letter" or a "punishment letter" or other similar names. Once signed, they can be unfrozen in about one or two weeks.

What does the "warning letter" contain? It varies slightly in different regions. In short, it tells you that your card has been used for cybercrime and may be suspected of a series of crimes, listing the relevant crimes and sentences. Finally, it says that since it is the first time, no punishment will be given, but if something similar happens again, it will be dealt with directly according to the law.

Many frozen friends were scared off by the densely packed text and signed without even reading the specific content; others, eager to thaw, signed regardless of their fear.

What is the impact of the "warning letter"? The most direct and potential liability risk is "assisting in information network criminal activities", which is far more terrible than the credit risk spread on the Internet.

Speaking of "assisting information network criminal activities", it can be said that this crime has suddenly become popular in 2020. It punishes those who provide assistance to cybercrime. A typical assistance behavior is to provide a bank card for transferring stolen money . Once verified, the maximum sentence is 3 years in prison.

As we all know, many criminals use virtual currency transactions to launder money, and my country's policies do not encourage ordinary virtual currency transactions. As a result, many public security organs, especially in remote areas, naturally believe that if a bank card is frozen due to virtual currency transactions, it is impossible that they do not know that it is black money.

However, the public security organs always have to rely on evidence when handling cases. If it is to constitute the crime of "assisting information network criminal activities", the prerequisite is "knowingly that others use information networks to commit crimes". The problem lies in "knowingly". How to prove that it is knowingly is often difficult in practice. Therefore, the law stipulates a situation where if the relevant behavior is still carried out after being notified by the regulatory department, it can be presumed that it is knowingly.

This is the biggest intention behind the "warning letter" - to presume knowledge. In other words, according to the warning letter, if you make money from virtual currency transactions or your account goes into black money again, you can be directly presumed to be helping others commit cybercrime.

Some people may say that the innocent are innocent, and if they are innocent, they don’t have to worry about the above problems. But from a certain perspective, the right of investigation is very powerful. With preliminary suspicion and a signed and confirmed warning letter, it is still okay to check if you encounter a region with a more heroic style of behavior. Even if you can finally clear the suspicion, you may have suffered enough. What’s more, freezing of credit cards in the cryptocurrency circle is a common phenomenon, and it is hard to guarantee that you will not be innocently implicated and have your credit card frozen many times.

In addition to the potential risk of crime, this year's vigorous "card cutting" and other punishment measures are also accompanied by it. The so-called "card cutting" means that for units and individuals and related organizers identified by the public security organs as renting, selling, lending, or purchasing bank accounts or payment accounts, or units and individuals who impersonate others or fictitious agency relationships to open bank accounts or payment accounts, their non-counter transactions of bank accounts and all transactions of payment accounts will be suspended for five years, and they are not allowed to open new accounts.

On December 16, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Industry and Information Technology, and the People's Bank of China jointly issued the "Notice on Severely Cracking Down on and Punishing Illegal Activities of Buying and Selling Phone Cards and Bank Cards in Accordance with the Law", reiterating their determination to further promote the "Card Cutting" operation and severely crack down on illegal activities of buying and selling "two cards". The "Notice" also called on criminals to surrender voluntarily. If they refuse to surrender before January 15, 2021, they will be severely punished.

Note: The content comes from People's Daily Online

It is human nature to quickly unfreeze a frozen card. But there are some things that require caution when signing. As for the choice, it all depends on the individual. Adults are responsible for the documents they sign and confirm.