Regulation on Criminal Law of Neutral Helping Behaviors
DOI:
https://doi.org/10.54691/bcpssh.v17i.621Keywords:
neutral helping behavior, the range of punishment, joint offense, accompliceAbstract
Neutral helping behaviors are quite commonly seen. If all of these behaviors are liable in the regulation of criminal law, people's daily life will inevitably be influenced to a certain extent. As for the criminal regulation on neutral helping behaviors, the subjective theory is not proper for its emphasis on the subjectivity issues which are more applicable in measuring penalty instead of conviction. The objective theory should not be a priority as well for its vague criteria for judging a neutral act. The neutralization theory in criminology is preferred for criminal regulation since it not only incorporates the actor’s understanding of certain behavior from a subjective perspective, but also considers physical and mental causation from an objective perspective, so as to regulate neutral aids in criminal law.
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Article 310 of the Criminal Law of China: Whoever knowingly provides a hiding place, money or property to a criminal, or helps the criminal escape or gives false testimony to protect the criminal shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. Conspirators to a crime mentioned in the preceding paragraph shall be regarded as joint offenders and punished as such.
Article 287(II) of the Criminal Law of China: Whoever, while obviously aware that any other person is committing a crime by using an information network, provides Internet access, server custody, network storage, communication transmission or any other technical support, or provides advertising, payment settlement or any other assistance for the crime shall, if the circumstances are serious, be sentenced to imprisonment of not more than three years or limited incarceration in addition to a fine or be sentenced to a fine only.
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