The Spring of Web3 Can Only "Legally Blow the Wind"
Written by: Lawyer Pang Meimei
In 2015, China’s Criminal Law added the crime of assisting information network criminal activities (hereinafter referred to as "assisting crime"). With the continuous deepening of the "cut-off card" operation, the prosecution of this crime has rapidly increased, and public data shows that assisting crime has become the third most common type of criminal case. In practice, there are mixed feelings about this crime; on one hand, it is favored for its relatively lighter culpability compared to accomplice liability; on the other hand, as a catch-all provision, it is tricky and difficult to easily escape legal consequences. In practice, there are significant differences in the discretionary standards of courts in different regions regarding assisting crime, leading to the frequent occurrence of "same case, different judgment." On July 28, 2025, the "Two Highs and One Ministry" jointly issued the "Opinions on Handling Criminal Cases Related to Assisting Information Network Criminal Activities" (hereinafter referred to as "Opinions"), which can be seen as a super reinforcement manual for the judicial practice of assisting crime, and is referred to by many as the "new regulations on assisting crime."
1. What Changes Are There in the New Regulations on Assisting Crime?
The "Opinions" have made significant adjustments to the standards for identifying assisting crime and sentencing rules, mainly reflected in the following aspects:
2. What is the Judicial Guiding Significance of the Seven Typical Cases?
At the time of the release of the "Opinions," seven typical cases were simultaneously published, covering key roles in the black and gray industries such as "U merchants," "account merchants," and "professional unblocking agents." In particular, Case 4 focuses on the field of virtual currency crime. By studying the opinions and the published typical cases, I found that there is not much difference from the criminal cases we handle daily, but the methods for combating cybercrime and the black and gray industries are stricter and more forceful.
【Basic Case Facts】In mid-July 2022, defendants Wang, Zhang, and Zhao conspired to transfer criminal funds for others through methods such as transfers, withdrawals, and purchasing virtual currency for illegal profits. The three had clear divisions of labor, with Wang providing funds, Zhao purchasing virtual currency to give to the upper-level as a deposit, and then Wang and Zhang acquiring a large number of bank cards from others to provide to the upper-level for receiving criminal funds. After the criminal funds were deposited into the bank cards provided by Wang and others, the upper-level notified Wang and others, who then arranged for others to withdraw cash from multiple banks in Daqing City, Heilongjiang Province, taking a commission of 10%-15% from the funds received, and then purchasing virtual currency with the remaining funds to transfer to the upper-level. It was found that from August 5 to 14, 2022, Wang and others transferred funds for the upper-level, with 15 victims including Lin being defrauded of over 400,000 yuan.
【Judgment Result】The People's Court of A'cheng District, Harbin City, after legal proceedings, sentenced Wang and Zhang to three years and six months in prison, and fined them 30,000 yuan; Zhao was sentenced to three years and three months in prison, and fined 25,000 yuan. After the verdict, Wang, Zhang, and Zhao appealed, and the second instance upheld the original judgment.
【Warning】Wang and Zhang, along with Zhao, converted the criminal funds received through bank cards into virtual currency, which is a typical example of using the "card receiving U return" method to transfer stolen funds, and is also considered a "perfect" "funding closed loop" operation by many criminals. In practice, many upstream fraudsters hide abroad, cleverly using the anonymity, high concealment, and convenience of virtual currency transactions to transfer stolen funds, increasing the difficulty for law enforcement agencies. Downstream criminals assist upstream in completing the laundering and transfer of funds through a series of complex operations, continuously "supplying blood and food" to the upstream, ultimately leading to irretrievable losses for the victims. The guiding significance of this case not only concretizes the applicable rules of the opinions but also provides clear behavioral guidance and judgment standards for such cases. Even if one does not directly participate in upstream fraud, intermediaries providing channels for the flow of stolen funds should also be severely punished.
3. What Should Web3 Practitioners Pay Attention to After the New Regulations Are Issued?
The Spring of Web3 Can Only "Legally Blow the Wind"
The new regulations send a clear signal that ignorance is no longer a universal shield. For practitioners in the Web3 industry, it is essential to strengthen the study and understanding of relevant laws and regulations, enhance vigilance, strengthen risk prevention measures, and establish a sound compliance strategy to ensure the legality and compliance of business activities, avoiding becoming a "tool" or "accomplice" of criminals unknowingly.
Under the policy of combining leniency and severity, students or those coerced may receive lighter penalties, while tech giants may face harsher consequences. After the issuance of the opinions, personnel involved in the construction and maintenance of virtual currency trading platforms, as well as developers of mixers and anonymous wallets, need to be alert to risks. Even if they do not directly participate in fraud or pyramid schemes, they may be deemed to "provide specialized technical support for illegal activities," directly constituting assisting crime, as their development work effectively lowers the threshold for crime, thus no longer being "technically neutral" but rather "technically assisting."
OTC merchants are undoubtedly "treading on thin ice," with significant increases in criminal risks. If OTC merchants continue trading after their accounts are frozen, they may be deemed to be "continuing to act after being restricted," directly constituting assisting crime. If they provide USDT matching services for underground banks, they may face multiple charges.
Compliance is imperative for Web3 entrepreneurs. Web3 entrepreneurs should build an industry compliance system as early as possible and strengthen internal training, regularly organizing legal training for all staff.
4. How Do Lawyers View the Key Impacts and Challenges of the "Opinions"?
The organized and professional assisting behaviors are clearly listed in the "Opinions" as situations subject to strict punishment. After the issuance of the "Opinions," on one hand, it raises the criminal costs for upstream criminals, and on the other hand, it can effectively punish illegal groups such as professional card openers and professional card maintainers. Although the "Opinions" have refined the standards for conviction and sentencing, providing lawyers with clearer legal bases and rules for handling assisting crime and other criminal cases, the determination of "knowledge" may still have ambiguous space due to the complexity of cases. Factors such as the subjective awareness level of the actor, motivation for the behavior, and whether there is truly a profit-driven incentive are aspects we need to deeply explore in defense work. In summary, the release of the "Opinions on Handling Criminal Cases Related to Assisting Information Network Criminal Activities" marks the entry of judicial authorities into a "penetrating" phase of regulation over the virtual currency industry. Practitioners must deeply recognize that only by constructing a comprehensive compliance system covering "pre-review -> in-process monitoring -> post-tracing" can they conduct business within a compliance framework.
Lawyer Meimei advises practitioners in the virtual currency industry to help others without "assisting crime." If a case is filed, contact a lawyer immediately to avoid presumptions of knowledge due to erroneous testimonies.
免责声明：本文章仅代表作者个人观点，不代表本平台的立场和观点。本文章仅供信息分享，不构成对任何人的任何投资建议。用户与作者之间的任何争议，与本平台无关。如网页中刊载的文章或图片涉及侵权，请提供相关的权利证明和身份证明发送邮件到support@aicoin.com，本平台相关工作人员将会进行核查。
