I don't know, so it's not a crime?

Cheng Zuo put forward the defense of the innocence of those who do not know, but in fact, the concept in law is called the understanding of illegality.

"Awareness of illegality" refers to the understanding of whether the perpetrator's conduct violates the law.

The general doctrine of domestic criminal law holds that the awareness of the social harmfulness of the act is equivalent to the awareness of the illegality, regardless of whether the perpetrator realizes that his act violates the law, so as to avoid being evaded criminal responsibility on the pretext of ignorance of the law.

In other words, Cheng Zuo knew that buying and selling credit cards and phone cards was not allowed, so he could be convicted of illegality, even if he had never heard of the crime of aiding and abetting.

Therefore, Cheng Zuo said that he did not know that this was a crime, and it could not be used as an excuse for innocence.

Coincidentally, in the relevant judicial interpretations, there is also a special explanation for the determination of "knowing" in the crime of aiding trust.

According to 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 Aiding Criminal Activities on Information Networks", it provides:

Article 11 Circumstance 3: The transaction price or method is obviously abnormal.

In such circumstances, providing technical support or assistance to others in committing crimes may be found to be the perpetrator clearly knowing that others were using information networks to commit crimes.

In September last year, you sold your phone card and bank card to Yao at a price of 1,600 yuan through a second-hand trading platform under the pretense of selling game recharge cards, which already meets this situation. ”

Cheng Zuo was directly stunned.

The glimmer of hope that had just been born was instantly extinguished by Gao Heng's rebuttal.

Did he really break the law?

Cheng Zuo knew very well that Gao Heng would not lie to him on this matter.

Because there is no point.

[I checked, there really is this]

[Nonsense, in this case, will the police make it up on their own? ] 】

[Long knowledge, I didn't expect such an explanation]

[One jail a day]

[I've learned it, but I don't know when I'll be able to use it]

[The previous cattle criticism, I still want to practice the true knowledge, admire and admire! ] 】

In the live broadcast room.

Many netizens went to check, and the results confirmed that what Gao Heng said was true, and the live broadcast room was quickly filled with the three words "learned".

A live online learning class.

Seeing the replies of netizens, Cheng Zuo was even more cold.

A netizen who was still his "family" a few minutes ago became Gao Heng's "student" in a blink of an eye, and he also became a "research example" for them in class, Cheng Zuo suddenly had an urge to look up to the sky and wipe his tears.

Impermanence!

Today's sun is very uncertain.

Seeing Cheng Zuo's devastated appearance, Gao Heng sighed helplessly.

In order to prevent more people from becoming the next "Cheng Zuo", Gao Heng held a selfie stick and continued to popularize the law to netizens in the live broadcast room by taking advantage of the "stage" set up by Cheng Zuo:

"In the practice of handling the crime of 'aiding trust', some criminal suspects find various reasons to justify: 'I didn't know about it in advance', 'I didn't know that selling bank cards and phone cards to others is also a crime'.

Suspected of the crime of 'aiding and abetting' does not require the perpetrator to be aware of the specific content of the crime committed by the person being helped, nor does it require that the perpetrator have criminal intent to contact the person being helped.

As long as the perpetrator knew or should have known that the person being helped was using the information network to commit the crime, that is, it can be inferred from the antecedents and consequences and basic reasoning (e.g., the transaction was conducted through a hidden place or method, and there was an obvious 'unequal' situation in the transaction), it is considered that the party should have known that the act was a crime.

The excuse of 'ignorance' is not a reason to be exempted from punishment......"

"Officer Gao, I want to ask, do I want to go to jail in this situation?"

Cheng Zuo's voice was low, and he asked this sentence with some resignation.

No matter how much he deceived himself, under Gao Heng's reasoned and well-founded popularization of the law, he had to choose to believe it.

"Your circumstances are already serious, and according to Article 287-2 of the Criminal Law, the crime of aiding and abetting trust is punishable by up to three years imprisonment or short-term detention and/or a fine.

In the last case, he was sentenced to 10 months and fined 5,000 yuan. ”

Gao Heng's answer made Cheng Zuo, who was already in a bad mood, even worse.

I didn't expect today's one-day trip to the police station to send myself directly in.

Thinking of this, Cheng Zuo couldn't help but glance at Ye Xiangyang, who was playing soy sauce on the side.

If Cheng Zuo remembers correctly, he didn't plan to call the police and come to the police station at the beginning, it was Ye Xiangyang's repeated insistence that drove him into here.

Or with enthusiasm and "justice" for the cause of anti-fraud propaganda.

Outcome......

"That's obviously a good thing, why are you looking at me like that?"

Seeing Cheng Zuo's face full of resentment, Ye Xiangyang glanced at him strangely.

Cheng Zuo was stunned.

Meddlesome?

Cheng Zuo suspected that Ye Xiangyang was mocking him.

"Seriously, there's good news, do you want to hear it?"

As Ye Xiangyang's voice fell, Cheng Zuo's gaze subconsciously turned to Gao Heng on the side.

Gao Heng also said the same thing just now.

And then......

He is now allergic to the "good news".

I'm afraid it's another critical hit!

"You are turning yourself in this situation, and surrendering can reduce your sentence, why are you so unhappy?"

"This ......"

Hearing this, Gao Heng also thought about it.

Generally speaking.

There are two types of voluntary surrender, namely general voluntary surrender and special voluntary surrender.

Cheng Zuo's behavior is clearly consistent with the general surrender.

In general, there are two conditions for the establishment of voluntary surrender:

1. Automatic casting.

2. Truthfully confess their crimes.

"Automatic surrender" generally refers to the act of directly surrendering to the public security organs, people's procuratorates, or people's courts when the facts of the crime or the criminal suspect have not been discovered by the judicial organs, or when they have been discovered but the criminal suspect has not been interrogated or compulsory measures have been taken, thereby placing themselves under the lawful control of the judicial organs and accepting the review and judgment of the judicial organs.

It should be noted that online wanted notices are not coercive measures.

Although it was a bit of a mistake, Chengzuo really fits this point.

As for confessing one's crimes truthfully.

Although Cheng Zuo had different understandings and views on the characterization of the facts of the case, and made a defense, he did not conceal the facts of the case and still made a truthful confession.

Facing Cheng Zuo's gaze, Gao Heng nodded, confirming that what Ye Xiangyang said was true.

Cheng Zuo is confused.

Is this considered a voluntary surrender?

Subconsciously, Cheng Zuo looked at Ye who was breezy on the side, and was stunned for a long time.

If it weren't for Ye Xiangyang, he might not have known that he was wanted, so he could only wait for the police to come to arrest him, and he wouldn't even have a chance to surrender and reduce his sentence at that time.

I really have to thank you for daring to love me?