The Nature and Restriction of the Crime of Helping Information Network Crime

DOI

10.2991/assehr.k.220504.424How to use a DOI?

Keywords

The crime of helping information network crime; The theory of accomplice belongingness; Japanese criminal law

Abstract

Given the huge number and rapid growth rate of cases related to the crime of helping information network crime, it can be concluded that the crime is likely to be abused. In practice, the crime does not depend on its downstream crimes and the standard of ‘knowing’ proves rather ambiguous. In theory, there are three theoretical controversies on the fundamental nature of the crime. Each of them has exposed intrinsic drawbacks. Meanwhile, the extent to ‘knowing’ is unclear surrounded by different opinions. Reasons for such weakness include the contradiction between the theory of aiding acts as principal offender and the theory of accomplice belongingness, unclear judicial interpretation, and different understanding of every judge. The article has put forward two remedies as response. The first one is that the crime should be based on downstream crimes according to different types of cyber assisting actions. The other one is that the extent of ‘knowing’ should be relatively specific examined by four factors.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Jindong Gu
AU  - Shuhui Song
PY  - 2022
DA  - 2022/06/01
TI  - The Nature and Restriction of the Crime of Helping Information Network Crime
BT  - Proceedings of the 2022 8th International Conference on Humanities and Social Science Research (ICHSSR 2022)
PB  - Atlantis Press
SP  - 2343
EP  - 2347
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220504.424
DO  - 10.2991/assehr.k.220504.424
ID  - Gu2022
ER  -