The crime of helping information network criminal activities is not a very serious crime. According to the law, the term of imprisonment is generally less than three years. The specific sentencing depends on various situations, and some analysis is made on the topic. 1. Factors affecting the judgment in this case. (a) the quantity of running water; Judging from the constitutive conditions of the crime of aiding trust, on the one hand, it is necessary to know that others are engaged in information network crimes, on the other hand, it is necessary to reach a serious degree. The judicial interpretation of the two courts further quantifies the conviction standard of the crime of aiding the letter, which can be formed by providing 200 thousand yuan of bank card payment and settlement. However, judging from the subject's problem, the running water is more than 200,000, which just exceeds the prosecution standard. When considering the specific sentencing, the judiciary will think that the circumstances are minor. In practice, some bank card settlements will reach millions or tens of millions. When considering sentencing, the judicial organs will take the running water as a reference index, because it has indeed caused a certain degree of adverse effects and objectively helped the occurrence of illegal crimes. (2) the amount of profit; Judging from the provisions of judicial interpretation, as long as the illegal income exceeds 1 10,000 yuan, it can be filed for prosecution. Some parties have consulted before, and the illegal income exceeds 65,438+10,000. The sentencing recommendation given by the procuratorate is two years and six months. What should I do? I have to admit that in judicial practice, illegal income does have a great influence on sentencing. The subject of this case mentioned that the profit was 30,000 yuan. Therefore, when the judiciary considers sentencing, on the one hand, running water is an important indicator, and on the other hand, the profit will also be used as an important reference. Generally, two factors will be comprehensively analyzed. (3) First offense; First-time offenders are generally not subjective and vicious, can be reformed, and their personal danger and social harm are relatively small, so they can be used as discretionary circumstances for lenient punishment when sentencing. First-time offenders generally have greater advantages than recidivists. In handling cases, we found that the judicial organs will generally crack down on recidivists, even if there are various favorable circumstances. It is even more impossible to change compulsory measures into bail pending trial. Second, whether probation is applicable. The application of probation in criminal cases needs to meet certain conditions. In judicial practice, as long as there is an opportunity to fight for probation, lawyers will generally present all favorable situations. (a) the application of probation generally needs to meet the following conditions; 1, the circumstances of the crime are relatively minor; 2. Have repentance; 3. There is no danger of committing a crime again; 4. The announcement of probation has no significant adverse effect on the community where you live. In practice, as long as the sentence is less than three years, there is a probability of probation. The above conditions are the necessary conditions for probation, and probation can no longer be applied without any conditions. In practice, community survey is also very important. The general judicial organs will entrust the judicial administrative organs with the influence on the community, and the grassroots judicial offices will investigate the community. If there are no unfavorable factors that affect the community, it will generally pass. (2) Actively plead guilty and admit punishment. At present, the lenient system of pleading guilty is basically applicable, which mainly solves the contradictions in a large number of cases, improves judicial efficiency and saves judicial resources. Therefore, defenders will generally guide the parties to apply this system. I once handled a case and communicated with the prosecutor. If the guilty plea system is not applicable, the sentence will be one year, and if the guilty plea system is recognized, the sentence will be ten months. Judging from the current judicial practice, it is a very effective method and strategy to actively communicate with prosecutors on sentencing suggestions during the review and prosecution stage. What we are doing now is to consult all parties in advance. If we plead guilty and admit punishment, we will contact the prosecutor as soon as the case arrives at the procuratorate and express the favorable situation of the case to the prosecutor in time. This kind of communication can be in the form of telephone communication, face-to-face communication or written communication, depending on the situation. In addition, when talking about confession, lighter punishment and sentencing, we should search the relevant judicial cases that the local court has uploaded to the judgment document network, conduct in-depth and detailed analysis, and find out the favorable judgment for the parties. This is extremely beneficial to strive for lower sentencing suggestions, and it is also a common practice of judicial organs, which saves them the time of collecting cases and also provides a basis and reference for procuratorial organs to accurately sentence. For example, in a case, the prosecutor may give sentencing advice for one year and six months. If the sentencing in the local court is generally less than one year and six months, then after communicating with the prosecutor, it is very likely that the prosecutor will be persuaded to adopt the sentencing suggestion of the defender. (3) actively returning stolen goods. If the crime of helping information network criminal activities has been confessed and punished, returning stolen goods is a new creative plot, which can generally reduce the punishment, but sometimes it plays an inestimable role in the handling of specific cases. There have been cases of helping letters before. Because of the return of stolen goods, the procuratorial organ directly changed the sentencing suggestion from ten months to seven months, which is the advantage of taking the initiative to return stolen goods. If the stolen goods are returned after the verdict, there will be no such effect. Profitable courts will also ask for a refund in the judgment, and there will be fines. As for the return stage of stolen money, as the stolen money will be returned sooner or later, it will become more and more difficult as the criminal case goes on, so it is wise to suggest returning it as soon as possible. For example, in the investigation stage, it is possible for the investigation organ to handle bail pending trial, or in the examination and prosecution stage, the procuratorate decides not to approve the arrest because it deems it unnecessary to take custody. Some investigators will directly tell the defense lawyers what degree they will get if the stolen goods are returned, such as getting bail or staying in custody, and how much the sentence will be reduced. However, some judicial personnel will not directly inform them clearly, and some circumstances may be discussed. Third, it is also an important defense direction to actively strive for non-prosecution after returning stolen goods. Non-prosecution means that the people's procuratorate decides not to transfer the case to the people's court for trial and ends the lawsuit after examination and prosecution.
Legal basis:
Article 177 of the Criminal Procedure Law of People's Republic of China (PRC), if the people's procuratorate thinks that the criminal responsibility of the criminal suspect should not be investigated according to law, it shall make a decision not to prosecute; If the circumstances of the crime are minor and there is no need to be sentenced to punishment or exempted from punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute; If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution, it may make a decision not to prosecute. As can be seen from the above, criminal cases that have constituted a crime, but the circumstances are minor, can be tried out without prosecution. In this case, the first thing to do is to actively return profits, which is the basic condition. After you come back, communicate with the prosecutor the specific favorable circumstances of the case, such as confession, confession, first offense, subjective malignancy, etc. Criminal cases are divided into three different stages: investigation, prosecution and trial. It is very important to do a good job in each stage, and it is very important to strive for probation in the trial stage. Procuratorial organs can only suggest that prosecutors put forward suggestions for probation. If the case is not prosecuted, it means that the case will be over when it reaches the procuratorate. No one can be convicted without a court trial, so it is equivalent to acquittal. In view of this, it is extremely important for the parties not to prosecute at the stage of examination and prosecution. We have a case of illegal detention. In the stage of examination and prosecution, when the case goes to the procuratorate for examination and prosecution, we immediately submit a legal opinion of no complaint to the prosecutor, detailing the reasons for no complaint. The prosecutor gave no advice because he didn't study the file carefully and complained that our lawyer was too eager to follow up. We explained that the parties were looking forward to and anxious at the detention center and were actively performing their duties. A few days later, the procuratorate's decision not to prosecute the crime was all retrieved and mailed to the responsible prosecutor at the first time, informing the prosecutor that the lighter case than ours would not be prosecuted. The prosecutor complained to the lawyer from the beginning and listened to our opinions slowly and patiently. Tell us that we have carefully studied the legal opinions and related cases we submitted, and there is still hope in short. I often think that the duty of a lawyer is to go all out to safeguard the legitimate rights and interests of the parties within the scope permitted by law. If I have been waiting in the procuratorate for the prosecutor to take the initiative to consult a lawyer, it is estimated that it will be too late, and the prosecutor will not do so. Lawyers should take the initiative. According to the law, the time for reviewing and prosecuting is one month, or maybe half a month, and the case will be removed. Therefore, just in case, it is no problem to follow up at the first time. For the benefit of the client, the lawyer should not worry too much.