Case Concerning Assisting Information Network Criminal Activities of Li XX
(SPP Guiding Case No. 203)
Key words
Protection of minors online; Bank cards; Subjective knowledge; Conditional non-prosecution; Procuratorial recommendation
Summary
When handling cases in which minors are suspected of using their own bank cards to assist information network criminal activities, the people's procuratorates shall take into account the minors' physical and mental characteristics, with particular focus on whether they had subjective knowledge that others were using information networks to commit predicate offenses and nevertheless provided assistance. For minors with relatively low subjective culpability, limited social harm, and who voluntarily admit guilt and accept punishment, the principle of education and rehabilitation shall take precedence. Where the statutory conditions for conditional non-prosecution are met, such a disposition shall be applied in accordance with the law. In cases where loopholes are identified in the management of minors' bank accounts and risks of abnormal transactions are detected, the people's procuratorates may issue procuratorial recommendations to financial regulatory authorities and commercial banks to strengthen source-level account management and promote governance at the root.
Relevant provisions
Articles 13 and 287-2 of the Criminal Law of the People's Republic of China
Articles 277, 279, 282, 283, and 284 of the Criminal Procedure Law of the People's Republic of China
Articles 113 and 115 of the Law of the People's Republic of China on Protection of Minors
Articles 50 and 51 of the Law of the People's Republic of China on the Prevention of Juvenile Delinquency
Article 12 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Such as Illegal Use of Information Networks and Assisting Criminal Activities through Information Networks
Article 11 of the Provisions on the Procuratorial Recommendation Work of the People's Procuratorates
