First, what is the general sentence after getting the guarantor for allegedly helping the letter?
There is no crime of supporting trust in China's legal system, and the related crime is the crime of helping information network criminal activities. The sentencing standard for this crime is generally fixed-term imprisonment of not more than three years or criminal detention, with or without a fine.
Criminal law of the people's Republic of China
Article 287 bis
The crime of helping information network criminal activities is provided for others with technical support such as Internet access, server hosting, network storage and communication transmission. Commit crimes for them, or 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.
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Second, what is the standard for filing the crime of helping information network criminal activities?
1, to help more than three objects;
2. The payment and settlement amount exceeds 200,000 yuan;
3 in the form of advertising to provide funds of more than 50 thousand yuan;
4, 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.
3. What provisions should be observed during the period of bail pending trial for the crime of allegedly helping information network criminal activities?
Procedures for handling criminal cases by public security organs
Article 89 When the public security organ announces the decision to obtain a bail pending trial, it shall inform the person who has obtained a bail pending trial to abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion.
Article 90 When a public security organ decides to obtain a bail pending trial, it may, according to the circumstances of the case, order the person who has been granted a bail pending trial to abide by one or more of the following provisions:
(a) shall not enter the specific places related to their criminal activities;
(2) Not to meet or communicate in any form with witnesses, victims and their close relatives, accomplices and other specific personnel related to the case;
(three) shall not engage in specific activities related to their criminal acts;
(four) the passport and other entry and exit documents, driving documents to the executive organ for preservation.
The public security organ shall comprehensively consider the nature of the case, the circumstances, the social impact, the social relationship of the criminal suspect and other factors to determine the scope of specific places, specific personnel and specific activities.
To sum up, when the people's court tries the crime of helping information network criminal activities, it considers the circumstances, nature and social harm caused by the crime. Will not have to be given a lighter punishment because the suspect has been released on bail pending trial. If the criminal suspect pleads guilty or has other statutory circumstances of lighter punishment, the court will give a lighter sentence.