[Case Summary]This case involves concealing and disguising the proceeds of crime. In 2022, C * provided his Industrial and Commercial Bank of China card to others for use in information network fraud payment and settlement, assisting in withdrawing 250,000 yuan of stolen money, and illegally profiting 500 yuan; the co-defendant A * provided a postal card and introduced C * to apply for a card, profiting 200 yuan. The victims were defrauded of 7.1 million yuan and 3.8 million Hong Kong dollars in telecom fraud, and some of the funds were transferred to C *'s account. C * was released on bail on suspicion of concealing and disguising the proceeds of crime, and his family entrusted Beijing Henglu Law Firm to handle the case for him.Wu JianiThe case was handled by a lawyer. The lawyer argued that C* was a minor, an accomplice, a first-time offender, and had admitted his guilt and shown remorse, recommending conditional non-prosecution. The procuratorate ultimately made a decision of conditional non-prosecution. The core disputes include: subjective malice and the severity of the circumstances, and special protection for minors; applicable legal provisions: the Crime of Concealing and Disguising the Proceeds of Crime in the Criminal Law, and the provisions on conditional non-prosecution in the Criminal Procedure Law.

I. Review of the Case Facts

The child lent his bank card to others for bookkeeping and was convicted of concealing and disguising the proceeds of crime. What should he do? This is a high-frequency consultation about card-related crimes. In June and July 2022, victim W* was defrauded of 7.1 million yuan and 3.8 million Hong Kong dollars through telecom fraud, of which 200,000 yuan was transferred to C*'s Industrial and Commercial Bank of China account and Postal Savings Bank account respectively; victim Y* was defrauded of 220,000 yuan, of which 50,000 yuan was transferred to C*'s account. In the same case, A* provided a postal card and introduced C* to provide an Industrial and Commercial Bank card. C* and A* respectively withdrew 250,000 yuan in illicit funds to their upstream customers, with C* profiting 500 yuan and A* profiting 200 yuan. C* was granted bail on August 30, 2022, but the court refused to approve his arrest on July 27, 2023, and he was again granted bail on August 14, 2023. C*'s family entrusted Beijing Henglu Law Firm to handle the case.Wu JianiThe lawyer handles the case.

II. The focus of the case

  • Focus 1: The subjective malice and criminal circumstances of C*.Is lending or introducing bank cards for money transfers due to the influence of unhealthy peers, and is the case relatively minor?
  • Focus II: Statutory mitigating circumstances related to the offender's identity.When C committed the crime, he was a minor, an accomplice, and a first-time offender. Can this reflect the principle of emphasizing education and using punishment as a supplementary measure?
  • Focus Three: The application of conditional non-prosecution.It is up to the procuratorate to determine whether the case meets the conditions for conditional non-prosecution.

III. The professional intervention of Hengluo Law Firm

The suspect (C某) claimed that:The family members hope to minimize the punishment as much as possible, strive for a conditional non-prosecution and no criminal record, so that C can return to the right path.

The position of the prosecution (the case-handling organ):The investigation organ filed a case against the suspect for the crime of concealing and hiding the proceeds of crime, focusing on the amount of money transferred through bank cards, the completed form of the crime, and its social harmfulness.

Legal Opinion by Hengluo Law Firm:The lawyer met with the criminal suspect, reviewed the case file, and based on the case facts, pointed out that C * lacked legal awareness, had limited social experience, and associated with bad friends. Subjectively, he had a weak sense of law, and objectively, he was influenced by bad friends. Although he was suspected of committing a crime, the circumstances were relatively minor. He was a minor at the time of the crime, an accomplice, a first-time offender, and had confessed and repented. In accordance with the principle of prioritizing education and supplementing with punishment for minors, the lawyer recommended to the procuratorate that C * be conditionally non-prosecuted.

  • Meet with C and verify his subjective cognition and the circumstances influenced by his peers
  • Organize the statutory mitigating circumstances such as minors, accomplices, and first-time offenders
  • Submit a legal opinion on conditional non-prosecution to the procuratorate and strive for a humane treatment of the case

IV. Outcome of the case

The procuratorate, based on the facts of the case and the opinions of the suspect and the handling officer, made a decision of conditional non-prosecution. In this case, after accepting the entrustment, the handling officer promptly communicated with the suspect and the procuratorial organ, explained the law and reason, and secured a decision of conditional non-prosecution. This not only combated illegal crimes but also demonstrated the humanistic concern of the judiciary. C * was not prosecuted and avoided leaving a criminal record.

5. Hengluo Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Wu JianiAttorney (Practice Certificate No.: 11101202011245064, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client. Attorney's reminder: Lending or selling bank cards to others is equivalent to providing assistance to fraudsters, which not only affects personal credit records but also may constitute criminal offenses such as concealing and disguising the proceeds of crime. For minors involved in card-related crimes, we should adhere to the principle of education-based punishment and timely entrust professional lawyers to intervene to strive for conditional non-prosecution. Never lend or sell bank cards and mobile phone cards to others at will.

VI. Common Questions and Answers about Cases of Concealing and Hiding the Proceeds of Crime

  1. Q: Is it illegal to lend your bank card to others for bookkeeping purposes?
    A:This may constitute the crime of concealing and disguising the proceeds of crime. Lending or selling bank cards to assist in fraud, and C * was involved in the case for this reason.
  2. Q: Can minors involved in credit card-related crimes avoid being prosecuted?
    A:If the conditions are met, the case may be subject to conditional non-prosecution. In this case, C * is a minor, an accomplice, and a first-time offender. The procuratorate has decided to subject the case to conditional non-prosecution.
  3. Q: Is it a crime to make a profit of just a few hundred yuan?
    A:It depends on the nature of the act rather than the amount of profit. Providing cards for bookkeeping or assisting in withdrawing stolen money may constitute a crime, and the amount of profit will affect the sentencing.
  4. Q: What does "conditional non-prosecution" mean?
    A:The procuratorate sets a probationary period and conditions. If the juvenile performs well during the probationary period, he/she will not be prosecuted and will not have a criminal record, which reflects the special protection for minors.
  5. Q: Will the family member still be prosecuted after being granted bail?
    A:Obtaining bail does not mean the case is closed. Whether to prosecute or not will be reviewed by the procuratorate. In this case, we ultimately achieved a favorable outcome of conditional non-prosecution.