Is it possible for Gaga to ask her lawyer not to prosecute the crime of helping the letter?

The crime of aiding the letter is the crime of helping the information network to commit crimes, which is a newly added crime in the ninth amendment to the Criminal Law of 20 15, that is, knowing that others use the information network to commit crimes, providing them with technical support such as surfing the Internet, server hosting, network storage, communication pyramid schemes, or providing assistance such as advertising promotion, payment and settlement, and the circumstances are serious.

First, the common situation of suspected letter-helping crimes

The crime of helping the letter is widely used to crack down on upstream and downstream related crimes such as telecommunication network fraud and online gambling. For example, a party with insufficient legal knowledge uses his identity information to go to the bank to handle multiple cards and sell them to criminals. Although not directly involved in fraud activities, but to provide help for fraud, has been suspected of helping the letter. Or use your own identity information to help others transfer money, making a profit of hundreds of thousands of yuan, and is also suspected of helping the letter.

Second, the conditions for non-prosecution.

After being suspected of committing a crime, you can fight for non-prosecution at the stage of examination and prosecution by the procuratorate. According to the provisions of the Criminal Procedure Law, if the criminal suspect has no criminal facts, the procuratorate shall make a decision not to prosecute. If the circumstances are minor and there is no need to impose punishment or be exempted from punishment, the procuratorate may make a decision not to prosecute.

Third, summary.

The maximum penalty for the crime of helping to write letters is three years in prison. Therefore, as a misdemeanor, when you are suspected of helping the letter, you must entrust a lawyer as soon as possible, let the lawyer see the client, communicate with the judicial staff, and strive not to prosecute.

For example, under the guidance of lawyers, we will strive for bail pending trial, return stolen goods and compensation, gain the understanding of the victims in the stage of examination and prosecution, and let lawyers communicate with the judicial organs from many angles, such as low social harm, no danger of recidivism, little profit from running water, and room for non-prosecution in case search, so as to strive for non-prosecution.

About the author:

The Court Cube is a platform for criminal lawyers covering the whole country. The court cubic YEATION lawyers and team, unified supervision of the authenticity of lawyers' information, according to YEATION standards, certification and rating of lawyers, so that lawyers' profession can stand the test.

Sichuan Zhuoan Criminal Law Firm is the first and only professional law firm in Sichuan that only handles criminal cases. It is led by Dr. Cheng An, a famous criminal lawyer in China, and founded by doctors and masters who graduated from famous universities such as Peking University, Sichuan University and Southwest University of Political Science and Law.