What if the letter is caught?
If you are under criminal detention or arrest, only a lawyer can see you. According to the existing law, family members or friends can't meet criminal suspects, only when they attend court meetings. During this period, only lawyers are entrusted to enter the detention center to meet with criminal suspects or defendants. Lawyers can enter the detention center to learn the following information: whether your relatives and friends were tortured to extract confessions, whether they were bullied or abused by fellow prisoners, provide them with legal advice and help, learn about the crimes and cases involved, feedback the concerns and hopes of relatives and friends, and their situation inside, get bail on their behalf, appeal or accuse on their behalf, and so on. Whether it is for relatives and friends, or for arrested criminal suspects and defendants, it is most conducive to protecting their legitimate rights and interests to find a lawyer to intervene at the first time.
Is it useful to hire a lawyer?
Useful. In the whole process of criminal investigation and trial, a criminal suspect can hire a lawyer to provide legal aid after being interrogated for the first time or being taken compulsory measures. In practice, it is also very time-sensitive to hire a lawyer in criminal cases. Criminal suspects and their families should try to ask lawyers for assistance according to their own specific circumstances. The reason is that lawyers can get a more comprehensive understanding of the case, collect evidence favorable to the suspect, have enough time to study the legal provisions and make full preparations for the trial. If a lawyer is hired during the trial, it is inevitable that the lawyer will be pressed for time, which may affect his role.
1. For criminal suspects during criminal detention, only lawyers can meet the suspects, but family members cannot visit them. In order to strive for the greatest rights and interests, lawyers need to be involved to understand the case.
2. The entrusted lawyer can provide legal advice and represent complaints and accusations.
According to the law, lawyers can provide legal advice to criminal suspects when they are first interrogated or meet with them after compulsory measures are taken. Due to the special identity and status of criminal suspects and the lack of legal knowledge, criminal suspects often dare not boldly safeguard their legitimate rights and interests because they don't know the law. Therefore, when a suspect is arrested, his family should promptly hire a lawyer for him.
3. Lawyers can apply for bail pending trial on their behalf, and apply for cancellation or change of compulsory measures on their behalf.
After the criminal suspect is arrested, if his personal rights are violated, criminal defense lawyers will intervene, and lawyers can complain and accuse him instead of the criminal suspect. Supervise the interrogation process of case handlers at any time to truly protect the legitimate rights and interests of criminal suspects.
Second, can the crime of helping the letter be exempted from prosecution?
This needs to be judged according to the severity of your plot.
According to Article 142 of the Criminal Procedure Law, the scope of application of the decision not to prosecute after the revision of the Criminal Procedure Law is:
1, the circumstances are obviously minor, the harm is not great, and it is not considered a crime;
2, the crime has passed the limitation period;
3. Exemption from punishment through Amnesty;
4, in accordance with the criminal law to deal with the crime, did not tell or withdraw to tell;
5. The criminal suspect dies;
6. Other laws and regulations exempt the defendant from criminal responsibility. In the case of non-prosecution, a decision of non-prosecution shall be made.
If you are arrested for a criminal offence, it is recommended that your family members entrust a lawyer in time. Litigation is a highly professional work with strong procedures. Every lawsuit involves a large number of laws, regulations and judicial interpretations. Generally, only lawyers who specialize in this work can find out the links and protect the rights of the parties to the maximum extent. Evidence is the core of litigation. Every litigant should prove their claims with evidence. Every lawsuit revolves around proof, cross-examination and disproof. Only by entrusting a professional criminal defense lawyer can we better safeguard our rights and interests.
Three, the crime of helping the letter sentenced to several years, sentencing standards
The crime of helping the letter refers to the crime of helping the information network criminal activities. Generally, 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 a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions.
Article 287 bis of the Criminal Law of People's Republic of China (PRC)
Knowing that others use information networks to commit crimes, providing technical support such as Internet access, server hosting, network storage, communication transmission, etc. for them to commit crimes; Or provide assistance for advertising, payment and settlement, if the circumstances are serious, they 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.
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