The lightest sentence for the crime of helping a messenger could be one month, two months, or six months. The severity of the sentence depended on the nature and circumstances of the case. The crime of helping others to commit information cybercrime, such as providing technical support, advertising, payment settlement, etc. According to article 287 - 2 of the Criminal Law of the People's Republic of China, the crime of helping to send a letter was generally sentenced to fixed-term imprisonment of not more than three years or criminal detention, with a fine or a fine. If the circumstances were minor and did not cause too much economic loss to others, and compensation was made in time, the punishment could be considered reduced. The lightest sentence could be a few months or a suspended sentence. However, the specific sentence still needed to be judged according to the specific circumstances of the case, so it was impossible to give a definite answer.
In 2024, the punishment standard for the crime of helping others to commit crimes was: knowingly providing technical support such as Internet access, server hosting, network storage, communication transmission, etc., or providing advertising promotion, payment and settlement, etc., if the circumstances were serious, they would generally be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and also or only fined. If a unit commits the crime mentioned in the previous paragraph, it shall be fined, and the person in charge and other personnel who are directly responsible for the crime shall be punished according to regulations. Those who commit the acts mentioned in the previous two clauses and commit other crimes at the same time shall be convicted and punished according to the provisions of heavier punishment. The specific standard of punishment still needed to be judged according to the specific circumstances of the case.
The possibility of imprisonment for the crime of helping the letter depends on the specific situation. From the perspective of the constitution of the crime, the subject was an ordinary person or organization. Subjectively, it was intentional. The object of the violation was the state's management order of the normal information network environment. objectively, it was a serious act of providing Internet access for information network crimes. If one helped others to do illegal things unintentionally, they only needed to accept civil punishment and not bear criminal responsibility. If they knew that the other party was committing an information network crime and still provided assistance, they would be sentenced. Judging from the public cases, the proportion of crimes of helping letters was 90.94%, and the possibility of imprisonment was very high. However, more than 50% of the cases were sentenced to less than one year, and more than 97% of the cases were sentenced to less than two years. The sentences were obviously concentrated in 6 - 8 months of imprisonment, and the number of sentences in the range of 2 - 3 years of imprisonment was very small. However, even if they were found guilty of the crime of helping others, they could consider exemption from criminal punishment under certain conditions, but they would still leave a criminal record. Watching "All Suspects" wasn't enough. Everyone, please click to read the novel!
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Under normal circumstances, helping others to withdraw cash was not considered a crime. Helping others to withdraw money did not constitute a crime in itself, but if one knew that it was the proceeds of crime or the proceeds of crime and still helped others to withdraw money, it might be suspected of concealing the proceeds of crime. The crime of helping others to commit crimes on the information network generally referred to the crime of helping others to commit crimes on the information network and providing technical support, advertising promotion, payment settlement, etc. However, there were certain difficulties in determining the specific criteria. It was necessary to judge whether the perpetrator knew the extent of the crime based on the evidence of the case. Therefore, there was no clear answer to the question of whether helping others to withdraw cash constituted the crime of helping others.
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The standard for filing a case for the crime of bank card fraud was to pay a settlement amount of more than 200,000 yuan. According to the relevant legal interpretation and meeting minutes, the crime of helping the letter was divided into two types: one was the payment settlement type of helping the letter, and the standard of conviction was 200,000 yuan; the other was the other serious type of helping the letter, and the standard of conviction was 300,000 yuan + at least 3000 yuan of one-way flow of funds. In addition, the rental and sale of credit cards were used to carry out fraud on the telephone network. The one-way flow into the card involved exceeded 300,000 yuan, and at least 3000 yuan of it was verified to be fraud funds, which was also a serious crime of helping the letter. Therefore, if the bank card flow reached more than 200,000 yuan or the one-way capital flow reached 300,000 yuan + at least 3000 yuan, it could constitute the standard for filing a case for the crime of helping the letter.
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This statement was not accurate. "The crime of aiding information network criminal activities"(the crime of aiding information network criminal activities) could be tried for probation. First of all, the maximum sentence for the crime of "helping the messenger" was imprisonment for up to three years. To apply probation, one had to meet the following requirements: the crime was minor; there was a sign of repentance; there was no danger of committing another crime; the probation had no major adverse effects on the community. When trying to get a suspended sentence, one could start from the criminal circumstances, illegal gains, return of stolen goods, confession and punishment, etc. For example, if the crime committed by the party did not reach the standard of "serious circumstances"(such as the payment settlement amount did not reach more than 200,000 yuan, the funds provided by advertising did not reach more than 50,000 yuan, the illegal income did not reach more than 10,000 yuan, etc.), and the party had "knowingly"(such as still carrying out relevant acts after being informed by the supervision department, the transaction price or method was obviously abnormal, etc.) and could actively show repentance (such as actively returning stolen goods and compensation, etc.), it was possible to win a suspended sentence. Watching "All Suspects" wasn't enough. Everyone, please click to read the novel!
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