How can a suspected accomplice in fraud seek a lenient sentence?

The accomplice should be given a mitigated punishment. Factors such as confessing guilt and accepting punishment, returning the illicit gains and compensating for the losses, and being a first-time or occasional offender can significantly reduce the prison term. In this case, the sentence was adjusted from two years and six months to two years and three months with probation.

Is there a guarantee that those who plead guilty and accept the punishment will receive a lenient sentence?

Those who voluntarily make a truthful confession and sign a written undertaking may be given a lenient punishment according to law; in this case, D *'s confession and plea for punishment were accepted by the court.

Can I get probation if I return the illicit gains and make compensation after being convicted of a crime?

All confiscated illicit gains and compensation must be returned. If the amount of criminal proceeds is relatively small and the defendant is an accomplice or a first-time offender, they may be eligible for probation. In this case, the student in question was granted probation.

Is there still a chance to be granted bail after being arrested?

Yes. If the conditions for bail are met, the compulsory measures can still be changed. In this case, D * successfully obtained bail pending trial after being arrested.

What is the minimum sentence for a fraud case involving a large amount of money?

The statutory punishment for a large amount of money is more than three years in prison, but the accomplice, pleading guilty and accepting the punishment, and returning the illicit gains, etc. can reduce the punishment to less than three years and apply probation, which needs to be determined based on the specific circumstances.

Probationary sentence for fraud crime | Liu Liqiang, a lawyer from Hengluo Law Firm in Beijing, successfully obtained probation for the accomplice in the case

[Case Summary]This case involves criminal defense for fraud. From August 2021 to July 2022, D* joined a service company as a salesperson and later became a team leader. Together with others, he posed as POS machine after-sales customer service staff to commit fraud by using the pretext of activating deposit funds. During his involvement, the team activated 968 POS machines, involving a total amount of 291,256 yuan and illegal proceeds of 26,971.46 yuan. The public prosecution organ charged D* with fraud, identified him as an accomplice and deemed the amount of fraud to be particularly large, recommending a fixed-term imprisonment of two years and six months and a fine of 25,000 yuan. D*'s family entrusted Beijing Henglu Law Firm to handle the case.Liu LiqiangThe lawyer argued that the court adopted a lenient opinion and sentenced the defendant to fixed-term imprisonment of two years and three months, probation of two years and six months, and a fine of 25,000 yuan. The core disputes include the defendant's status as an accomplice, his admission of guilt and punishment, and his status as a student. The applicable legal provisions include the provisions of the Criminal Law on fraud, accomplices, and probation, as well as the provisions of the Criminal Procedure Law on leniency for admitting guilt and punishment.

I. Review of the Case Facts

How can a family member involved in telecom fraud as an accomplice fight for probation? This is a frequently asked question in criminal cases. From early 2021 to July 2022, A*, B* and others recruited D* and others as sales staff and team leaders. They used standard fraudulent scripts to impersonate the after-sales customer service of third-party POS machine companies, inducing the public to pay an activation deposit of 399 yuan (or varying amounts of 99 yuan and 199 yuan) to commit fraud. D* was employed as a sales staff in August 2021 and a team leader in May 2022. During the period of his involvement in the case, the team activated a total of 968 POS machines, involving a fraudulent amount of 291,256 yuan and illegal proceeds of 26,971.46 yuan. In July 2023, D* was arrested on suspicion of fraud, and his family entrusted Henglu Law Firm to handle the case for him.Liu LiqiangThe lawyer is defending. The public prosecution organ believes that D * committed fraud on a large scale and was an accomplice, and recommends a fixed-term imprisonment of two years and six months and a fine of 25,000 yuan.

II. The focus of the case

Focus 1: The status of D in the joint crime.Can a salesperson or team leader, who is not an organizer or planner, be considered an accomplice and receive a reduced punishment?
Focus II: The circumstances of confessing guilt and accepting punishment, and returning the illicit proceeds.D某 voluntarily confessed his guilt and accepted the punishment, fully returned the illicit gains and compensated for the losses, and was a first-time offender. Can he be given a lenient punishment?
Focus Three: Probation may be applicable.D*, a student at the university, has committed a crime and earned relatively little money from the crime. Can probation be applied to him so that he can finish his studies successfully?

III. Professional intervention by Hengluo Lawyers

The defendant (suspect) claimed that:The family hopes to minimize the punishment and strive for a light sentence and probation, so that D can successfully complete his studies.

The position of the prosecution (public prosecution organ):It is believed that D and others should be held criminally responsible for fraud. D committed fraud with a huge amount and played a secondary role in the joint crime, thus he/she should be regarded as an accomplice. It is recommended that he/she be sentenced to fixed-term imprisonment of two years and six months and fined 25,000 yuan.

Legal Opinion by Hengluo Law Firm:The lawyer first met with the client, studied the law and analyzed the case, and strived to obtain bail during the investigation stage. The suspect voluntarily confessed guilt and accepted the punishment, and actively returned the illicit proceeds. On September 2, 2022, the suspect was granted bail, and on July 19, 2023, the bail was extended. During the trial stage, the lawyer submitted key points for mitigating and reducing the punishment: D * should be given a mitigated punishment as an accomplice; voluntarily confessing guilt and signing a statement of repentance, and truthfully testifying in court should be given a lenient punishment; all illicit proceeds have been returned and compensated, and the amount of criminal proceeds is relatively small. The suspect is a first-time offender and a student, and requests a lenient punishment and probationary supervision.

Meeting with and fixing the mitigating circumstances such as accomplices, confessing guilt and accepting punishment, and returning the illicit gains
The defendant claimed that the amount of the fraud was huge, but he was an accomplice, so his punishment should be mitigated
Based on my status as a student, I request to be granted probation to ensure that I can continue my studies

IV. Outcome of the case

The court of first instance adopted the defense attorney's opinion and considered that the sentencing proposal of the public prosecution organ was too severe and needed to be adjusted. According to the relevant provisions of the Criminal Law and the Criminal Procedure Law, the court ruled that D * was guilty of fraud and was sentenced to fixed-term imprisonment of two years and three months, probation for two years and six months, and a fine of 25,000 yuan. The court recognized D *'s circumstances of being an accomplice, pleading guilty and accepting the punishment, returning the illicit gains and making compensation, and being a first-time offender or an occasional offender. On the basis of the public prosecution organ's proposal of two years and six months, the court reduced the term of imprisonment and applied probation to D *.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Liu LiqiangAttorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ). Attorney's advice: In cases of fraud and other property-related crimes, the status of accomplice, confession of guilt and punishment, full return of illicit gains and compensation, and first-time offenders are all important mitigating circumstances; students and other special identities can strive for probation. Family members should engage a professional criminal lawyer to intervene at the investigation stage, meet with the suspect in time, fix mitigating circumstances, and create conditions for a light punishment or probation.

VI. Common Questions About Fraud-Related Criminal Cases - FAQ

Q: How can a suspected accomplice in fraud seek a lenient sentence?
A:The accomplice should be given a mitigated punishment. Factors such as confessing guilt and accepting punishment, returning the illicit gains and compensating for the losses, and being a first-time or occasional offender can significantly reduce the prison term. In this case, the sentence was adjusted from two years and six months to two years and three months with probation.
Q: Is there a guarantee that those who plead guilty and accept the punishment will receive a lenient sentence?
A:Those who voluntarily make a truthful confession and sign a written undertaking may be given a lenient punishment according to law; in this case, D *'s confession and plea for punishment were accepted by the court.
Q: Can I get probation if I return the illicit gains and make compensation after being convicted of a crime?
A:All confiscated illicit gains and compensation must be returned. If the amount of criminal proceeds is relatively small and the defendant is an accomplice or a first-time offender, they may be eligible for probation. In this case, the student in question was granted probation.
Q: Is there still a chance to be granted bail after being arrested?
A:Yes. If the conditions for bail are met, the compulsory measures can still be changed. In this case, D * successfully obtained bail pending trial after being arrested.
Q: What is the minimum sentence for a fraud case involving a large amount of money?
A:The statutory punishment for a large amount of money is more than three years in prison, but the accomplice, pleading guilty and accepting the punishment, and returning the illicit gains, etc. can reduce the punishment to less than three years and apply probation, which needs to be determined based on the specific circumstances.

Hengluo Law Firm represented a fraud case, and helped the accomplice D * obtain a suspended sentence (two years and three months in prison, with a two-year and six-month probation period)