The view of innocence defense is mainly that the actor who provides funds to pay for the account subjectively does not know that others use his account to defend the crime.
But as far as the crime of helping believe is concerned, it is only a misdemeanor, and the general sentence is less than three years. So in most cases, it is a good choice to choose crime over prevention. Due to the particularity of virtual currency, as far as the current general situation is concerned, most of the off-exchange transactions cracked down by public security organs will basically be characterized as "helping the letter" and eventually face criminal punishment. In the final analysis, it is because in the current background, it is difficult to convince the public security organs and procuratorial organs simply without personal knowledge, and the public security organs have been very mature in handling cases involving virtual currency in recent years.
The answer is yes, but because of the high profitability of virtual currency, there are still many ordinary people, businessmen or players speculating in OTC transactions in China.
As far as some cases handled by our team are concerned, the evidence chain of cases that have been put on file for investigation is relatively complete, and the basic evidence to prove that the suspect is suspected of committing a crime is relatively comprehensive. Under the above background, blindly choosing not to plead guilty will lead to more serious treatment of criminal suspects.
Because the merchants or investors in the virtual currency circle have relatively weak legal awareness, and after the case is involved, some people behave extremely. Some individuals and businesses insist that they have not violated the criminal law, do not constitute a letter of help, and will resist the investigation very much. And when communicating with lawyers, I feel anxious and can't accept the reality that I need to be punished. Under the above circumstances, many defendants will miss the opportunity to reduce their sentences. Even in my opinion, some cases may be released on bail pending trial, but due to resistance, the cases are finally sentenced to actual punishment, and the sentence is longer than expected.
In fact, when a criminal suspect is interviewed by a lawyer, he should fully listen to the opinions of the defense lawyer. Because when suspects are detained, defense lawyers have the opportunity to communicate with prosecutors and police officers. After the case enters the stage of examination and prosecution, many defense opinions are the best plan for the suspect after the defense lawyer and the prosecutor fully communicate.
To sum up, for cases with evidence to prove that they are suspected of committing a crime, the defender had better communicate with the criminal suspect in time, plead guilty in time, take the initiative to refund compensation, and strive for bail pending trial or not to arrest. For cases where the evidence is really flawed and can't prove the suspected crime, give full consideration to communication and comprehensively choose the plea of misdemeanor or innocence.
Legal basis:
Article 287 bis of the Criminal Law of People's Republic of China (PRC) provides technical support such as Internet access, server hosting, network storage and communication transmission. , or knowing that others use the information network to commit crimes and provide assistance in 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.