论中立的诈骗帮助行为之定性

Identification of Accessories in Fraud Crime

中立的诈骗帮助行为,是否构成诈骗罪,应当从其对诈骗结果的发生所具有的贡献的角度来判断。也就是说,应当站在事后观察的立场上,将有该行为和没有该行为的情形进行对比,看该帮助行为对正犯结果的发生具有多大的影响。在产生了重大影响,导致了构成要件结果的重大变更的场合,可以说,该中立行为构成诈骗罪的帮助犯,否则,就不能构成。

Should a person who assisted a fraud actually by neutral conduct be treated as an accessory？ The proper way to settle this issue is to evaluate his contributions to the crime.That means to evaluate his aid given to the principal,by making a comparison between the facts with and without the specific conduct in a retroactive way.Unless the act has made great influence on the consequence of constitutive elements of crime should the person not be treated as an accessory.