Whether lending a bank card to others constitutes a crime

Crime of helping faith ” Most of the criminal subjects are young people , Such groups have greater economic needs , In order to earn “ Quick money ”, Take a shortcut to sell 、 Rent your own bank card or telephone card to pay 、 communication tools , Don't care or ignore the abnormally large transactions in the card , Think sell 、 lease “ Two cards ” Your behavior doesn't matter , In fact, it has been formed in most cases “ Crime of helping faith ”.

In our country 《 The criminal law 》 The first paragraph of article 287 bis stipulates “ Crime of helping faith ”, That is, knowing that others use the information network to commit crimes , Providing internet access to their crimes 、 Server hosting 、 Network storage 、 Communication transmission and other technical support , Or offer advertising 、 Payment settlement and other help , serious , To be sentenced to fixed-term imprisonment of not more than three years or criminal detention , Penalty concurrently or only . And judge whether the actor has “ Subjective knowledge ” crucial , When the judicial organ confirms , Adhere to the principle of unity of subjectivity and objectivity , Combine the cognitive ability of the actor 、 Past experience 、 Trading partner 、 Profits 、 The relationship with the perpetrators of information network crimes should be comprehensively identified . Besides , According to the relevant judicial interpretation , have “ Trading price or mode is obviously abnormal ” And so on , It can be determined that the perpetrator knows that others use the information network to commit a crime . And the above four cases , There are obvious abnormal trading prices .

meanwhile , According to the relevant judicial interpretation , have “ Pay the settlement amount 20 More than ten thousand yuan ”“ Illegal income 1 More than ten thousand yuan ” And so on , Belong to “ Crime of helping faith ” Stipulated “ Serious circumstances ”, Meeting any of the above conditions is suspected of constituting the crime . In the above four cases , The payment and settlement amount involved by the actor is 20 More than ten thousand yuan , And the illegal income of Lu's case also reached 1 More than ten thousand yuan .

Once again, let me remind you , Keep your ID card properly 、 Bank card 、 Mobile phone card , If not used or lost , Write off or report the loss in time , Do not discard at will . Not to be sold for small profits 、 lease , Otherwise, it may be suspected of constituting a crime .