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How to deal with juvenile trust crime after obtaining security

Time: 2024.02.24 label: criminal defense Criminal punishment defense Reading: 1390 people
Lawyer's answer:
It just depends.
Lawyer's analysis:
The verdict of juvenile trust crime after obtaining security depends on the situation, if any evidence Those who are proved guilty of gang trust will probably be punished arrest As for whether it is necessary to go to prison eventually, the court will make a judgment after hearing it, and the crime of gang trust is generally sentenced to less than three years fixed-term imprisonment criminal detention Or fine
according to criminal law It is stipulated that the act of helping and trusting only constitutes a crime if the circumstances are serious. According to the law, in any of the following circumstances, it shall be recognized as a punishment statute "Serious":
(1) Providing help to more than three objects;
(2) The settlement amount is more than 200000 yuan;
(3) Illegal income More than 10000 yuan;
(4) Illegal use of information network and help information within two years Cybercrime Activities and hazards to computer information system safety administrative sanction , also helping information network criminal activities;
(5) The crime committed by the helped person has caused serious consequences.
Legal basis:
Article 67 of the Criminal Procedure Law
The People's Court, the People's Procuratorate and the public security organ may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(1) Those who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(2) It may be sentenced to fixed-term imprisonment or more, and the adoption of guarantor pending trial will not cause social danger;
(3) A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger;
(4) When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial.
Obtaining a guarantor pending trial shall be executed by the public security organ.
Article 287-2 of the Criminal Law
[Crime of helping information network criminal activities] Whoever knowingly uses information network to commit a crime and provides technical support such as Internet access, server hosting, network storage, communication transmission, or assistance such as advertising promotion, payment and settlement, 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 shall only, be fined.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.
[heavier punishment] Those who commit the acts mentioned in the preceding two paragraphs and constitute other crimes shall be convicted and punished according to the provisions on heavier punishment.
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There will also be a case of probation for the crime of helping trust. The bottom of the case is a criminal record, which can only be found after the court finds guilty. Records of criminal offences can be found in public security organs, procuratorates and courts, or in judicial bureaus if a suspended sentence is imposed. As long as it is full

The probation conditions will be met if the conviction is sentenced to less than three years for serious circumstances. The length of the sentence depends on the circumstances of the case. As long as the following conditions are met, the probation will be imposed: 1. Those who are sentenced to criminal detention and fixed-term imprisonment of less than three years have committed minor crimes at the same time; 2. Show repentance; 3. No

Whether a lawyer can be sentenced to probation for the crime of helping trust should be based on the circumstances of the case. The criteria for probation are as follows: 1. Being sentenced to criminal detention, fixed-term imprisonment of less than three years, and the circumstances of the crime are relatively minor; 2. Show repentance; 3. There is no danger of committing another crime; 4. Proclamation of probation is not serious to the community where they live

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 Lawyer Zhu Yihao

Tianjin Yuanshi Law Firm

Zhu Yihao, a lawyer, graduated from the Law School of Jilin University, one of the "five academies and four departments" in the Chinese legal circle. He once worked in the Civil Aviation University of China. Since his practice, he has undertaken hundreds of cases and achieved good results. Lawyer Zhu Yihao's scope of practice includes civil litigation, criminal defense, legal counsel for government, enterprises and institutions, and corporate compliance and risk prevention and control. Lawyer Zhu Yihao is quite keen on legal provisions and policy guidance, has strong communication ability, analysis and response ability, dispute resolution ability, solid theoretical foundation, and profound writing skills. Lawyer Zhu Yihao has always adhered to the practice philosophy of "originality", always implemented a professional, responsible and dedicated service attitude, treated every case with professional skills, and returned every client with a sincere sense of responsibility. Some successful cases of Zhu Yihao: A department level official in Tianjin was suspected of bribery, corruption and abuse of power. After defense, he successfully removed all the criminal facts of bribery and abuse of power at the stage of review and prosecution, which won a good sentencing result for the parties. A private entrepreneur in Tianjin was suspected of a contract fraud case of 2 million yuan. After the defense, illegal evidence involving the core facts of the case was excluded, and a good result was achieved for the parties not to prosecute. A college student in Tianjin was suspected of telecommunications fraud during the epidemic. After defense, two suspicious facts were successfully removed, which won the result of not prosecuting the party and helped the party retain his student status.

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