Study on the Subjective Knowledge Element of Cybercrime Assistance Based on Quantitative Methods

--The Offence of Facilitating Criminal Activities in the Information Network as an Example

DOI

10.2991/978-2-38476-460-0_22How to use a DOI?

Keywords

helping a letter offence; subjective knowledge; quantitative reconstruction; criminal law principles; judicial practice

Abstract

With the rampant cybercrime, the offence of helping to trust occupies an important position in the fight against cybercrime, but the determination of “subjective knowledge” has become a difficult problem in judicial practice. This paper, by analysing the current legal norms and the status of judicial practice, points out that the Criminal Law and the judicial interpretation of the “knowingly” identification standards and presumption rules on the existence of ambiguity, triggering the academic community on the “knowingly” and “should know It points out that there is ambiguity in the Criminal Law and judicial interpretations regarding the criteria for determining “knowledge” and the rules for presumption, which has led to disputes in the academic community over the relationship between “knowledge” and “should know”, and that there is a discrepancy in adjudication standards in judicial practice. Based on the principle of subjective-objective unity of criminal law, a quantitative reconstruction path for the element of “knowingly” in the offence of helping to trust is proposed, including the construction of a two-tiered differentiation system, the quantification of the standard of conduct and the chain of evidence, and the combination of jurisprudence analysis and clarification of the specific operational steps. This path is designed to reduce judicial discretionary bias and ensure the scientific and reasonable determination and punishment of the offence of “knowingly”. However, this quantitative path needs to be empirically tested, and its impact on the accuracy and fairness of judicial decisions should be assessed through the collection and analysis of actual case data.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Yizhuo Liu
PY  - 2025
DA  - 2025/08/31
TI  - Study on the Subjective Knowledge Element of Cybercrime Assistance Based on Quantitative Methods
BT  - Proceedings of the 2025 6th International Conference on Mental Health, Education and Human Development (MHEHD 2025)
PB  - Atlantis Press
SP  - 183
EP  - 192
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-460-0_22
DO  - 10.2991/978-2-38476-460-0_22
ID  - Liu2025
ER  -