The teacher checked and verified one by one.
1. Specific acts
The Criminal Law Amendment lists six acts, namely “providing technical support such as Internet access, server hosting, network storage, communication transmission, etc., or providing advertising promotion” , payment and settlement assistance.” The criminal law strictly abides by the principle of legality of crime and punishment, so as long as it does not fall into the above six types of behavior or the behavior supplemented by the competent authority, it does not constitute this crime. If the client's behavior does not fall into the above six categories, or his behavior cannot clearly fall within the scope of the above provisions, the lawyer can insist on a not guilty defense.
2. The situation is very serious
The crime of trust requires serious circumstances to be convicted. Article 12, paragraph 1, of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in Handling Criminal Cases of Illegal Utilization of Information Networks and Assisting Information Network Crimes" (hereinafter referred to as the Judicial Interpretation of Information Network Crimes) stipulates seven types of " The circumstances are serious." Paragraph 2 also clarifies that “when the conduct stipulated in the preceding paragraph is carried out, it is indeed impossible to verify whether the person being helped has reached the level of a crime due to objective conditions, but the relevant amount reaches more than five times the standards specified in items 2 to 4 of the previous paragraph, or causes If the consequences are particularly serious, the perpetrator will be held criminally responsible for the crime of assisting information network criminal activities." This shows that technical defense lawyers can break down the issues one by one from the above provisions.
The crime of supporting trust is actually a crime of helping, which is conditional on the person being helped clearly committing a crime. Article 13 of the "Judicial Interpretation of Information Network Crimes" stipulates that "the criminal behavior committed by the person being assisted can be confirmed, but the criminal responsibility is not investigated in accordance with the law, or because he has not reached the age of criminal responsibility, it does not affect the determination of the crime of assisting information network criminal activities." , this shows that the "helping" object of the crime of helping to convince someone can be absent, undecided, and not subject to criminal punishment, but it must be clear whether it is Zhang San or Li Si, and it cannot be ambiguous or ambiguous. In short, this case is based on the condition that the person seeking help commits a cybercrime. If it cannot be determined that the person being rescued clearly constitutes a crime, then the person concerned should not commit a crime. "No skin, no hair."