1. How to judge the profit of 50,000 for helping Xinxin?
Whoever makes a profit of 50,000 yuan for the crime of aiding trust shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. The relevant crime is the crime of assisting information network criminal activities. The sentencing standard is generally fixed-term imprisonment of less than three years or criminal detention, and a fine or a fine alone. If a unit commits the crime of assisting letters and calls, the unit shall be fined, and its directly responsible supervisor and other directly responsible personnel shall be punished in accordance with regulations. Whoever, knowingly knowing that others are using information networks to commit crimes, provides them with technical support such as Internet access, server hosting, network storage, communication transmission, etc., or provides them with assistance in advertising promotion, payment and settlement, etc. If the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. A fine may also be imposed or a fine may be imposed.
Article 287-2 of the Criminal Law is the crime of assisting information network criminal activities.
Whoever knowingly knows that others are using information networks to commit crimes, provides them with technical support such as Internet access, server hosting, network storage, communication transmission, etc., or provides them with advertising promotion, payment and settlement, etc. If the circumstances are serious, he shall be punished with three shall be sentenced to fixed-term imprisonment of not more than 10 years or criminal detention, and shall also or solely be fined.
If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
Second, what role can lawyers play in helping people believe a crime has been committed?
1. Investigation stage. During the investigation phase, the lawyer’s first task is to gain a peripheral understanding of the crime the suspect is accused of, the specific investigative agency, and the relevant circumstances of the case.
2. Review and prosecution stage. The lawyer prepares the entrustment procedures and relevant official letters, and goes to the procuratorate to learn and copy the basic information of the suspect involved in the case, learn about the prosecutor, assistant and contact information of the suspect's prosecution, learn about the specific time when the criminal suspect was arrested, and learn about the suspect's identity. Whether the case is returned for supplementary investigation.
3. Trial stage. Before the trial, through the investigation stage and review and prosecution stage of the case, the lawyer can clarify the direction of the litigation, whether it is to plead not guilty or to plead lenient.
During the trial, the defense opinion should analyze and demonstrate from different aspects such as whether the facts are clear, whether the evidence is sufficient, whether the applicable law is accurate, and whether the proceedings are legal, and provide opinions and reasons for the conviction and sentencing of the case.
On the one hand, lawyers are professional legal service providers with rich legal knowledge and case-handling experience, and are familiar with the defense business.
On the other hand, the law gives lawyers more rights than other defenders, making it easier for lawyers to exercise their defense rights and better complete their defense tasks.
3. What are the filing standards for the crime of assisting information network criminal activities?
Knowing that others are using information networks to commit crimes, and providing assistance to others to commit crimes, and any of the following circumstances apply, it shall be established as a criminal case:
(1) Providing assistance to three or more targets Providing help;
(2) The payment settlement amount is more than 200,000 yuan;
(3) Using advertising to provide funds of more than 50,000 yuan;
(4) Illegal income of more than 10,000 yuan;
(5) Received administrative punishment for illegally using information networks, assisting information network criminal activities, endangering the security of computer information systems, and assisting information network criminal activities, two Within the year;
(6) The crime committed by the rescue object has caused serious consequences;
(7) Other serious circumstances.
I hope the above content can help you. If you have any other questions, please consult a professional attorney.
Legal basis: Article 287bis of the Criminal Law.
The crime of helping information network criminal activities is knowingly providing technical support such as Internet access, server hosting, network storage, communication transmission, etc. to others. To commit crimes, or provide assistance in advertising, promotion, payment, settlement, etc. 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 solely be fined.
If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.