The Essential Differences Between the Crime of Concealment and the Crime of Assisting

The essential differences between the crime of concealment and the crime of assisting mainly manifest in the following aspects:

1. The Content and Degree of Subjective Knowledge

Concealment Crime: Requires the perpetrator to "know that it is the proceeds of crime and its generated profits," meaning they must clearly understand that the funds or properties they are handling are illicit gains obtained from someone else's crime, and have a clear awareness of the nature of the criminal proceeds.

Assisting Crime: Requires the perpetrator to "know that others are committing crimes using information networks," having a general understanding of others' criminal acts, but it does not require knowledge of the specific crimes or the nature of the criminal proceeds.

2. Manifestations and Stages of Objective Behavior

Concealment Crime: Typically occurs after the upstream crime has been completed, where the perpetrator transfers, withdraws, converts, or launders the criminal proceeds through methods such as transfers, cash withdrawals, or providing facial recognition verification, to conceal their source and whereabouts.

Assisting Crime: Can occur during the implementation of the upstream crime, including before, during, and after the crime. The perpetrator mainly provides technical support for others committing crimes using information networks, such as internet access, server hosting, cloud storage, communication transmission, or assistance in advertising and payment settlement.

3. Criminal Objects and the Legal Interests Violated

Concealment Crime: The criminal object is solely focused on the criminal proceeds and their generated profits, and the legal interest violated is the judicial order pursued by judicial authorities.

Assisting Crime: The criminal object includes not only criminal acts but also serious violations of law, and the legal interest violated is the order of information networks.

4. Sentencing Standards and Penalty Severity

Concealment Crime: For less severe circumstances, imprisonment for less than three years, criminal detention, or control may be imposed, along with fines or solely fines; for serious circumstances, imprisonment for more than three years but less than seven years, along with fines.

Assisting Crime: Imprisonment for less than three years or criminal detention may be imposed, along with fines or solely fines.