The crime of helping criminal activities in the information network is not a very serious crime, according to the law, the sentence is generally less than three years, the specific sentence depends on a variety of circumstances, for the questioner to do some analysis.
I. On the factors affecting the sentence imposed in this case. (a) the amount of running water. From the composition of the letter to help the conditions of the crime, on the one hand, need to reach the knowledge that others engaged in information network crime, on the other hand, to the extent of the seriousness of the circumstances, the two high judicial interpretation for the crime of the letter to help the incrimination of the crime of the standard for a further specific quantification, to provide the bank card payment and settlement of up to 200,000 yuan can be constituted by the crime. However, from the subject's question, the water flow of more than 200,000 yuan, just exceeding the prosecution standard. This is in the specific sentencing considerations, the judicial authorities will consider the circumstances are minor, in the practice of handling cases have seen some bank card settlement will reach millions or tens of millions of dollars, the judicial authorities in the consideration of sentencing, the amount of running water over the amount of money will be used as a reference indicator, because it does cause a certain degree of adverse impact, objectively help the occurrence of illegal and criminal. (ii) the amount of profit. From the provisions of the judicial interpretation, as long as the illegal income exceeds 10,000 yuan can be filed for prosecution. Previously, some parties have asked me for advice on what to do when the illegal income exceeds 100,000 yuan and the sentencing recommendation given by the procuratorate is two years and six months. Have to admit that in judicial practice, the illegal income for sentencing does have a very big impact. In this case, the subject mentioned that the profit is 30,000 yuan, then the judicial authorities in the consideration of sentencing on the one hand, the flow of water is an important indicator, on the other hand, the amount of profit will also serve as an important reference, generally will be the combination of the two factors to be analyzed. (iii) the problem of first-time offenders. First-time offenders generally do not have deep subjective malice, can be reformed, personal danger and social harm is relatively small, can be used as a discretionary circumstance of leniency in sentencing. Compared to recidivism, the first offender generally has a greater advantage, we are dealing with the case, for recidivism, found that the judicial organs will generally crack down, even if the existence of a variety of favorable circumstances can not. Change the coercive measures to bail pending trial is even more unlikely.
Two, on the question of whether to apply probation. The application of probation in criminal cases need to meet certain conditions, judicial practice as long as there is a chance to fight for probation lawyers will generally present all favorable circumstances. (A) the application of probation generally need to meet the following conditions; 1, the crime is less serious;
2, repentance;
3, there is no danger of reoffending;
4, pronouncement of probation has no significant adverse impact on the community in which they live. In practice, there is a probability that a suspended sentence will be imposed as long as the sentence imposed is less than three years. The above conditions are essential to the application of probation, any one of the conditions missing can no longer apply probation. Community survey in practice is also very important, the general judicial organs will be whether the community has an impact on the judicial administrative organs entrusted to the grass-roots judicial office to the community where the investigation, if there is no adverse factors affecting the community will generally be passed. (ii) Positive plea bargaining. Plea bargaining leniency system is basically applied, mainly to solve the problem of contradiction between the number of cases, improve judicial efficiency and save judicial resources, so the defenders will generally guide the parties to apply this system, the author once handled a case, and the prosecutor to communicate, if not applicable plea bargaining system is one year of sentencing, if the recognition of the plea bargaining sentencing is ten months. From the current judicial practice, actively in the examination and prosecution stage with the prosecutor to start the communication of sentencing recommendations is a very effective approach and strategy. Our current practice is to consult the party's opinion, if they plead guilty, in the case of the arrival of the prosecution, as soon as possible after the contact with the prosecutor, the favorable circumstances of the case to the undertaking prosecutor to express in a timely manner. This communication can be in the form of telephone communication, face-to-face communication and written communication, to be decided according to the case. In addition, when talking about plea bargaining and sentencing, relevant judicial cases that have been uploaded by the local courts to the adjudication website should be searched and analyzed in depth to find out the favorable sentences for the parties. This is extremely advantageous to fight for lower sentencing recommendations, and is also a more welcome practice for the judiciary, saving them the time of searching for cases, but also for the prosecution to accurately provide the basis and reference for sentencing. For example, a case prosecutors may give a year and six months of sentencing recommendations, if the local court is generally sentenced to less than one year and six months, then after communicating with the prosecutor, it is likely to persuade the prosecutor to adopt the sentencing recommendations of the defense. (iii) Actively return stolen goods. Help information network criminal activity crime if you have pleaded guilty, return stolen goods is a new creation of circumstances, generally can be mitigated to reduce the punishment, but in the specific handling of the case, sometimes play an immeasurable role. Previously, there is a help letter crime case, because of the return of stolen goods, the procuratorial organs in the sentencing recommendation directly will be sentenced to recommend a change from ten months to seven months, which is the advantage of active return of stolen goods. If the return of stolen goods after the verdict will not have such an effect. There is a profit the court will also require the return in the judgment, and there are also fines. Regarding the question of at which stage the return of stolen goods takes place, since the profits will have to be returned sooner or later, it is advisable to return them as early as possible since the criminal case becomes more difficult the further down the line you go. For example, if the money is returned at the investigation stage, the investigating authorities may apply for a bail pending trial, or the prosecutor's office may decide that there is no need to detain the person in custody at the prosecution stage and make a decision not to authorize an arrest, which is possible. Some case officers will directly inform the defense attorney of the extent to which the return of stolen goods will reach, such as bail or continued detention, and how much the sentence will be reduced. But some judicial officers will not directly and explicitly informed, there may be some circumstances will be discussed at the meeting.
Three, after the return of stolen goods and actively seek not to prosecute is also an important defense direction. Non-prosecution refers to the people's procuratorate in the review of the prosecution to make a decision not to transfer the case to the people's court for trial and the termination of the proceedings.
Legal basis:
The Chinese People's **** and the State Criminal Procedure Law Article 177 The people's procuratorate believes that criminal suspects should not be held criminally liable according to law, it shall make a decision not to prosecute; for crimes of minor circumstances, in accordance with the provisions of the criminal law does not require sentencing or exemption from punishment, the people's procuratorate May make a decision not to prosecute; for the supplementary investigation of the case, the people's procuratorate still think that the evidence is insufficient, does not meet the conditions for prosecution, may make a decision not to prosecute. From the above can be seen for has constituted a crime, but the circumstances of the criminal case is minor can strive not to prosecute. In this case, the first thing to do is to actively return the profits, which is the basic condition. After the return of the specific favorable circumstances of the case with the prosecutor and then communicate, such as guilty plea repentance, confession, first-time offenders, occasional offenders, the subjective malignancy is not deep. Criminal cases are divided into three different stages: investigation, prosecution and trial, and it is crucial to do a good job at each stage. Fighting for probation is an important task at the trial stage, and prosecution can only recommend that the prosecutor make a recommendation for probation. And if the case is not prosecuted, then it means that the case is over when it reaches the prosecutor's office, and no one can be found guilty without a court trial, so it is equivalent to an acquittal. In light of this, it is exceptionally important to fight for non-prosecution at the review and prosecution stage. We have a case of unlawful detention in hand, in the review and prosecution stage, in the case to the prosecutor's office to review the prosecution, the first time we submitted to the prosecutor not to prosecute the legal opinion, detailing the reasons for not prosecuting, the prosecutor has not been careful study of the file, not good to give advice, complaining about our lawyers to follow up on the too anxious, we explain that the parties in the custody of the eagerly awaited, can not help but be anxious ah, is also In the active fulfillment of their duties. After a few days the prosecutor's office of all the decision not to prosecute the crime of all the retrieval, the first time mailed to the contractor prosecutor, informing the prosecutor than we are less serious than the circumstances are not prosecuted. Prosecutor from the beginning of the lawyer complained to follow the rush, to slowly and patiently listen to our views. He told us that he had carefully studied the legal opinion we submitted and the relevant cases, and that there was still hope. I often think, the lawyer's duty is within the scope of the law to do their best to protect the legitimate rights and interests of their clients. If one keeps waiting for the prosecutor to take the initiative to ask the lawyer for an opinion in the prosecutor's office, I guess it will be too late and the prosecutor will not do so. Lawyers still need to be proactive, according to the law the time to review the prosecution is one month, or maybe half a month the case will be transferred away, so just in case, the first time to follow up is not any problem. In order to the rights and interests of the client, the lawyer can not be too much worry.