1. According to the provisions of Article 287 bis of the Criminal Law, knowing that others use information networks to commit crimes, providing technical support such as Internet access, server hosting, network storage and communication transmission, or providing assistance such as advertising promotion, payment and settlement. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
2. According to the criminal law, the crime of helping information network criminal activities needs to be "serious".
(1) Help more than three objects;
(two) the payment and settlement amount is more than 200 thousand yuan;
(three) to provide funds of more than fifty thousand yuan by advertising;
(four) the illegal income of more than ten thousand;
(5) Having received administrative punishment for illegally using information network, helping information network criminal activities, endangering the security of computer information system, and helping information network criminal activities within two years;
(6) The aided person has serious criminal consequences;
(7) buying, selling or renting more than 5 credit cards, bank accounts, non-bank payment accounts, passwords of Internet accounts with payment and settlement functions, online payment interfaces and online banking digital certificates;
(8) buying, selling or renting more than 20 mobile phone cards, mobile cards and IOT cards;
(9) Other serious circumstances.
Due to the limitation of objective conditions, it is really impossible to verify whether the assisted object has reached the level of crime, but the relevant amount has reached more than five times the standard specified in the above-mentioned items 2 to 4, or it has caused particularly serious consequences, so as to help the perpetrator to be investigated for criminal responsibility for the crime of information network crime.
Legal basis:
1. According to the provisions of Article 287 bis of China's Criminal Law, knowing that others use information networks to commit crimes, providing technical support such as Internet access, server hosting, network storage, communication transmission, or providing services such as advertising promotion, payment and settlement. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
2. According to the above-mentioned legal provisions, the crime of helping letters must meet the following requirements:
(1) Subjectively knowing that the person being helped is using the information network to commit criminal activities (constitutive requirements1);
(2) provide help objectively (component 2);
(3) The circumstances are serious (constitutive element 3);
1+2+3= crime of aiding the letter. The absence of one of the above three elements does not constitute the crime of helping the letter. Only when the three requirements are met at the same time can the crime of aiding trust be constituted.
3. Some common "help behaviors" include:
(1) Buying, selling or renting credit cards, bank accounts, non-bank payment accounts, Internet account passwords with payment and settlement functions, online payment interfaces and online banking digital certificates;
(2) buying, selling or renting other people's mobile phone cards, mobile cards and Internet of Things cards.
4. "Serious circumstances" include:
Knowing that others use the information network to commit crimes and provide assistance for them to commit crimes, under any of the following circumstances, it shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 287 bis of the Criminal Law:
(1) Help more than three objects;
(two) the payment and settlement amount is more than 200 thousand yuan;
(three) to provide funds of more than fifty thousand yuan by advertising;
(four) the illegal income of more than ten thousand yuan;
(5) Having received administrative punishment for illegally using information network, helping information network criminal activities, endangering the security of computer information system, and helping information network criminal activities within two years;
(6) The aided person has serious criminal consequences;
(7) Other serious circumstances.
Due to the limitation of objective conditions, it is really impossible to verify whether the assisted object has reached the level of crime, but the relevant amount has reached more than five times the standard specified in items 2 to 4 of the preceding paragraph, or it has caused particularly serious consequences, so as to help the perpetrator to be investigated for criminal responsibility for the crime of information network crime.
Third, can I go to see the crime of helping the letter during my criminal detention?
Lawyers can see it, but family members can't.
Family members of criminal cases are not allowed to visit during criminal detention.
If you want to know the current situation of the suspect, you can entrust a lawyer to help. Because during criminal detention, lawyers can directly meet with criminal suspects.
During the period of criminal detention, the criminal suspect should be isolated from the outside world, but he can request to communicate with his lawyer through application.
According to Article 96 of the Criminal Procedure Law, a criminal suspect may hire a lawyer to provide legal advice and represent the complaint and accusation after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail pending trial.
In cases involving state secrets, the criminal suspect's employment of a lawyer shall be approved by the investigation organ.
The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect.
When a lawyer meets a criminal suspect in custody, the investigation organ may send personnel to be present according to the circumstances and needs of the case. When a lawyer meets a criminal suspect in custody in a case involving state secrets, it shall be approved by the investigation organ.
Therefore, when it comes to related issues, we must first distinguish whether it is criminal detention. Detention is divided into administrative detention and criminal detention. If it is determined to be criminal detention, you can get help and permission through a lawyer if you want to know the situation or visit.
The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it.
Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
The right to defense is a basic right of criminal suspects and defendants, and it is also a basic constitutional right. In fact, the right of defense is not only the right of criminal suspects and defendants, but also the basic right of every citizen and everyone, because theoretically, everyone may be accused of a crime, so everyone needs and enjoys the right of defense.
Defense business is the main business of lawyers in handling criminal cases. According to the law, lawyers can accept the employment of defendants in public prosecution or private prosecution cases, provide them with legal advice, represent complaints and accusations, apply for bail pending trial, accept the entrustment of criminal suspects and defendants or the designation of people's courts, and act as defenders.
When a lawyer acts as a criminal defender, he shall, according to facts and laws, put forward materials and opinions to prove that the criminal suspect or defendant is innocent, the crime is light, or his criminal responsibility is reduced or exempted, so as to safeguard the legitimate rights and interests of the criminal suspect or defendant.
When lawyers participate in litigation activities, they can collect and consult materials related to the case, meet and correspond with people whose personal freedom is restricted, appear in court, participate in litigation and enjoy other rights stipulated in the procedural law.