Discussion about criminal responsibility of dummy account providers'' subjective criminal intent and prevention

碩士 === 銘傳大學 === 法律學系碩士班 === 100 === Because there are numerous financial institutions in Taiwan, part of banks choose customer priority not to establish a strict examine set up account procedure in the circumstance of heavy competition. As long as people possess ID card and prepare a little money, a...

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Bibliographic Details
Main Authors: Yi-Ching Tzeng, 曾意晴
Other Authors: Ming-Hui Chen
Format: Others
Language:zh-TW
Published: 2012
Online Access:http://ndltd.ncl.edu.tw/handle/51813302140275594801
Description
Summary:碩士 === 銘傳大學 === 法律學系碩士班 === 100 === Because there are numerous financial institutions in Taiwan, part of banks choose customer priority not to establish a strict examine set up account procedure in the circumstance of heavy competition. As long as people possess ID card and prepare a little money, anyone can set up an account in financial institutions. So per person have two more accounts in average. Today''s society economy is in slump, criminal groups just need to provide petty profit to people who have no income, they can get dummy accounts to achieve the goal of fraud and money laundering. Now the practice in order to stop this fraud and money laundering unhealthy trend and prevent the spread of dummy account, and then penalize the provider be accessory, and determined by the principal offender’s last charge. This is seemingly conform the general community and the victim’s opinion. However, it could violate established condition of accessory, and the scholars often pointed out that the violation of the “Nulla Poena sine Lege.” This article introduce the situation of the criminal groups use dummy accounts, and interpret the legal responsibilities of those groups how to use the dummy accounts to be criminal tools. Then, through introducing American and Japanese laws about dummy account providers and compare with our country''s law how to prevent the dummy account, I hope we can draw up the "law about the dummy account" to stop the criminal groups using the dummy accounts to commit crimes.