According to article 287 bis of the Criminal Code
Knowing that others use the information network to commit crimes, providing them with technical support such as internet access, server hosting, network storage, communication transmission, or providing them with assistance such as advertising promotion, payment and settlement, 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 shall 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.
The subject of the crime of helping information network criminal activities is a general subject, which can be a natural person or a unit.
Subjectively, it is intentional, that is, knowing that providing technical support or other help for information network crimes committed by others will cause harm to the country's information network management order, and still hope or let the harmful results of information network crimes happen. The object of helping information network crime is the normal management order of the state on the information network environment. Objectively speaking, the crime of helping information network criminal activities is a serious act of knowing that others use information network to commit crimes, providing them with technical support such as internet access, server hosting, network storage, communication transmission, or providing them with help such as advertising promotion, payment and settlement.
How to fight for not prosecuting the crime of trust?
1. The letter-aiding cases are relatively minor, and many of them I have seen can fight for not prosecuting, so when relatives are involved in letter-aiding cases, they can fight for not prosecuting first.
If the crime of helping information network criminal activities has expired, it may not be prosecuted. In addition, after the second supplementary investigation by the procuratorate, the evidence is still insufficient and does not meet the conditions for prosecution, so public prosecution may not be initiated.
2. If you don't pursue the crime of helping information network criminal activities, you won't leave a criminal record.
It means that the suspect does not constitute a crime, but he is not guilty. In the case of innocence, the procuratorate will not initiate criminal proceedings, so the case will not go to court, and there will be no criminal judgment, so there will be no criminal record.
3. If you want to fight for not prosecuting the crime of helping information network criminal activities, you should take the initiative to submit a non-prosecution legal opinion to the procuratorate and actively communicate with the procuratorate to submit a professional legal opinion.
If the case goes to court for judgment, you should contact the entrusted lawyer as soon as possible to understand the case. If the case is simple, the crime is obviously minor or there are other conditions for non-prosecution, including legal non-prosecution or discretionary non-prosecution, you can submit a professional non-prosecution legal opinion through the intervention of lawyers, communicate with prosecutors, and try not to prosecute.
To sum up, both college students and citizens of other identities may be suspected of committing the crime of knowingly using the Internet to commit criminal activities and helping others. Whether a person will be sentenced to fixed-term imprisonment by the court after being convicted needs to be determined according to the actual situation. If sentenced, it will undoubtedly leave a criminal record.
Legal basis:
Criminal law of the people's Republic of China
Article 287 bis
The crime of helping information network criminal activities is provided for others with technical support such as Internet access, server hosting, network storage and communication transmission. Commit crimes for them, or provide assistance in advertising promotion, payment and settlement. 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 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.