Process: 1. Investigation stage (public security)
At this stage, most parties will go through the process of summons/summons-criminal detention-bail pending trial/arrest. (1) Before summoning/arraignment, tell your family that if you don't go home for one day, you will go to the case-handling organ immediately to get yourself released on bail pending trial. Find a lawyer to conduct one-on-one drills in advance to understand the commonly used words of extorting confessions by torture and how to safeguard their legitimate rights and interests.
(2) if the public security organ does not release the person voluntarily, the family members should write an application for bail pending trial and handle it for the parties. Consult a lawyer if you can't write, or let a lawyer write directly.
(3) Take advantage of favorable sentencing circumstances such as striving for meritorious service during bail pending trial, and the second is to screen and entrust lawyers in the procuratorial stage in advance.
Second, the stage of examination and prosecution (procuratorial stage)
At this stage, if the procuratorial organ believes that the criminal facts of the criminal suspect have been ascertained, the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute.
(1) If you want to get a light sentence, suspended sentence or no prosecution, you should entrust a lawyer immediately after the case is transferred to the procuratorate at the latest. If the economic conditions are really bad, you can settle for the second best and only entrust the marking service.
(2) The procuratorate will ask you to sign a confession and repentance book, which contains specific sentencing suggestions. As for whether to sign or not, you should listen to your lawyer's opinion. If the lawyer thinks that you are severely punished, then don't sign it, and let the lawyer defend you in court.
(3) If you insist on not pleading guilty from beginning to end, this situation will generally not be guaranteed, and the procuratorate will not plead not guilty to the parties. Choose this road carefully, you can't go on without a lawyer.
Third, the trial stage (court)
After signing the confession, the sentence is basically fixed, just wait for the judgment, or you can hire a lawyer. Of course, if you feel that the sentence is heavy after signing, please ask a lawyer to have a chance to fight for a lighter sentence. In this case, unless you really don't care how long the sentence is, you should hire a lawyer.
Key points: 1. Age and occupation, first and occasional offenders.
For first-time offenders, occasional offenders, minors, school students, the elderly and so on. Education, rescue, punishment and warning should be given priority. If the circumstances are obviously minor and the harm is not great, it will not be treated as a crime. Those who voluntarily plead guilty after arriving at the case and actively return the stolen money and compensation may not prosecute or be exempted from criminal punishment according to law.
2. Law-Criminal Law
Article 287 Whoever uses computers to commit financial fraud, theft, corruption, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this Law.
Article 287-1 Whoever commits any of the following acts by using information networks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined:
(a) to establish websites and distribution groups that commit fraud, teach criminal methods, make or sell prohibited items, controlled items and other illegal and criminal activities;
(2) publishing information on manufacturing and selling drugs, guns, obscene articles and other prohibited articles, controlled articles or other illegal and criminal activities;
(3) publishing information for the purpose of committing illegal and criminal activities such as fraud.
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.
Article 287 bis 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.