电信网络诈骗犯罪中帮助取款行为的定性研究

Qualitative Study on Helpful Withdrawal Be-havior in the Crime of Telecom Network Fraud

作为诈骗罪的一种特殊形式,电信网络诈骗犯罪往往以共同犯罪的形式出现,诈骗集团中各个犯罪分子分工明确,犯罪手段多样化,严重危害了公民的财产安全,一定程度上造成了社会的不安定。实施电信网络诈骗,最终目的就是能够非法占有他人的财产,电信网络诈骗犯罪中犯罪链条的最后一步即帮助取款行为,是指协助电信网络诈骗实施者转移与处置赃款的行为。但现行法律法规未明确规定帮助取款人取款行为的性质,公诉机关与审判机关在罪名认定上出现差异,存在同案不同判的现象。为打击电信网络诈骗犯罪,保护人民群众的财产安全,应从多个角度和因素考虑,着眼于传统刑法理论中共犯处罚的基本原理、诈骗罪的基本构造,对相关法律规范的内涵作出准确理解,准确认定电信网络诈骗犯罪中帮助取款行为人的行为性质,以求正确适用法律打击犯罪。

As a special form of fraud, telecommunication network fraud crime often appears in the form of joint crime, with clear division of labor among the various criminals in the fraud group and diversified criminal methods, which seriously endangers the property security of citizens and to a certain extent causes social instability. The ultimate goal of implementing telecom network fraud is to illegally take possession of other people’s property. The last step of the criminal chain in telecom net-work fraud is the act of helping to withdraw money, which refers to the act of assisting the telecom network fraud perpetrator to transfer and dispose of the stolen money. However, the current laws and regulations do not clearly stipulate the nature of the act of helping the taker to withdraw money, and there are differences between the public prosecution and the trial authorities in the determination of the crime, and there is the phenomenon of different sentences in the same case. In order to combat telecommunication network fraud and protect the property security of the people, we should consider from multiple angles and factors, focusing on the basic principles of the traditional criminal law theory of accomplice punishment and the basic structure of fraud, and make an accurate understanding of the connotation of the relevant legal norms, and accurately identify the na-ture of the act of helping the withdrawer in telecommunication network fraud, so as to correctly apply the law to combat the crime.