When the people's court tries the crime of helping information network criminal activities, there is only one sentencing standard, and it is sentenced to fixed-term imprisonment of not more than three years or criminal detention, and is also or only fined.
It depends on what position the suspect holds in the gang, how long he has worked, how much money he has earned, whether he is a backbone or an ordinary employee. These factors will affect the last sentence, but generally it will not exceed three years.
The crime of helping information network criminal activities refers to providing technical support such as Internet access, server hosting, network storage and communication transmission. , or knowing that others use information networks to commit crimes and provide them with 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.
Legal basis:
Article 287 of the Criminal Law of People's Republic of China (PRC) knowingly provides technical support such as Internet access, server hosting, network storage and communication transmission. , or provide advertising, payment and settlement assistance, if the circumstances are serious, they 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.
Derivative problem:
What evidence does the court need for a lighter punishment?
If a criminal suspect or defendant wants to get a lighter punishment, the evidence materials prepared should be based on actual cases. You can consult a criminal defense lawyer or ask a lawyer to handle it, but generally you can prepare the following evidence materials:
1. If you are a minor or an elderly person over 75 years old, you should prepare your ID card and a copy. If the age of the identity card is wrong, it shall provide birth certificate, neighbor's confession and other evidence that can prove the age.
2. If you are deaf or blind, you can prepare a disability certificate or related written proof materials.
3. In case of voluntary surrender, materials for voluntary surrender shall be provided. It can generally be obtained from the surrender institution.
4, if there is meritorious service, can provide evidence, evidence and judgment documents. It can be obtained from the relevant case handling unit.
5. If you have mental illness, you can issue an appraisal certificate according to law.
7, to obtain the understanding of the victim and his family, you can issue a letter of understanding; Take the initiative to compensate, can show relevant documents and so on.