The composition of the crime of helping to believe is that as long as the principal's behavior conforms to the constitutive requirements and is illegal, regardless of whether the principal has the ability to be responsible, that is, whether the principal has the ability to be responsible or not, as long as there is a causal relationship between the helping behavior and the illegality of the principal, and the helper recognizes the principal's behavior and its results, it can be considered that the aiding offender is established.
As long as the existing evidence shows that others (principal offenders) use the information network to commit illegal acts that meet the constitutive requirements, according to the principle of restrictive subordination, the person who commits the act of helping is established as a helper. As for who others are fighting for, whether others are caught or not, and whether others are responsible or not, it does not affect the establishment of the aiding offender. In this sense, even if the crime of helping information network criminal activities is not added, all helping behaviors can be properly handled.
What is the filing standard of the crime of trust?
Knowing that others use the information network to commit crimes, providing them with technical support such as internet access, server hosting, network storage, communication transmission, or providing assistance such as advertising promotion, payment and settlement, if the circumstances are serious, it can constitute a crime of helping information network criminal activities and be filed for prosecution.
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 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 provisions of the law. 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. Knowing that others use the information network to commit crimes, they provide technical support such as Internet access, server hosting, network storage, communication transmission, or provide assistance such as advertising promotion, payment and settlement.
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Legal basis: Article 1 1 of the Regulations on Legal Aid.
Under any of the following circumstances in criminal proceedings, citizens may apply for legal aid from legal aid institutions:
(1) The criminal suspect fails to hire a lawyer due to financial difficulties after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken.
(2) The victim of a public prosecution case and his legal representative or close relatives have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for examination and prosecution;
(three) since the case of private prosecution was accepted by the people's court, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.