Definition of the Presumption Rule of "Knowledge" in the Crimes of Assisting in Information Network-Related Criminal Activities

Abstract

The continuous development of network technology has profoundly transformed the daily production and lives of human beings. However, it has also given rise to numerous new forms of cybercrime, leading to the proliferation of certain cybercrimes. Assisting information network criminal activities constitute a crucial aspect of cybercrime. In 2015, the promulgated Criminal Law Amendment (IX) listed it as an independent offense. However, due to the problem of unclear judicial interpretation, the crime has been in a state of cold storage for a long time until 2019, when the Supreme Peoples Court and the Supreme Peoples Procuratorate promulgated the Interpretation of a Number of Issues Concerning the Application of Law to the Handling of Criminal Cases of Illegal Utilization of Information Networks and Helping Criminal Activities on Information Networks and Other Criminal Cases the crime has gradually begun to be applied in large quantities. In recent years, the crimes of assisting in information network-related criminal activities has been on the rise, but there have been numerous objections and lack of consensus regarding the determination of subjective knowledge in judicial practice and the theoretical community. Therefore, it is crucial to clarify the presumption rule of knowledge to provide guidance for judicial practice.