[Direct answer]The crime of aiding and abetting, also known as the crime of assisting in information network crime activities, is punishable by fixed-term imprisonment of not more than three years or criminal detention under Article 287 of the Criminal Law (added by the Ninth Amendment to the Criminal Law, which came into effect on November 1, 2015), and may also be fined or given a single fine. In practice, most first-time offenders, defendants who return the illicit proceeds and make compensation, and those who admit their guilt and accept the punishment can strive for probation or non-prosecution. Whether the circumstances are "serious" shall be determined in accordance with the judicial interpretation of the Supreme People's Court and the Supreme People's Procuratorate in 2019: providing assistance to more than three objects, paying a settlement amount of more than 200,000 yuan, or having illicit proceeds of more than 10,000 yuan, etc. shall be considered as meeting the standard. After being summoned, the defendant should promptly entrust a lawyer to evaluate the determination of knowing and the path of leniency, and can first learn about it.Criminal defense and legal services for criminal case filingAndBeijing Henglu Law Firm.

I. Problem Background and Typical Scenarios

As the "Cut Off Card" campaign continues to advance, the crime of aiding and abetting has become one of the most frequently prosecuted crimes, with the majority of those involved being young people, students, and those without fixed occupations. Typical scenarios include: selling or renting out their own bank cards and phone cards to others for money laundering, earning hundreds of yuan per card; helping online gambling and fraud platforms with advertising and promotion or attracting traffic; setting up and maintaining payment channels or providing technical support for others; and lending their corporate accounts to online merchants to help them transfer funds. Many people only realize after being arrested that the other party used their cards to commit telecom and online fraud or engage in gambling. By this time, the transaction volume involved can reach hundreds of thousands of yuan, and the accounts have been frozen, with the individuals themselves being added to the disciplinary list, which has a profound impact on their future employment, loans, and political reviews.

II. Key points of dispute

  • Determination of subjective knowledge: The crime of aiding and abetting requires "knowing that others use information networks to commit crimes". In practice, it is often inferred from situations such as abnormal transaction prices, continuing to apply for new cards after the card is frozen, and warnings that the other party is involved in fraud or gambling. There is a significant difference in responsibility between mere general suspicion and definite knowledge.
  • The distinction between these two crimes: providing assistance in payment and settlement during the crime constitutes the crime of aiding and abetting, and assisting in transferring, withdrawing, and cashing out the illicit proceeds after knowing they are illicit funds may constitute the crime of concealing and disguising the proceeds of crime under Article 312 of the Criminal Law, for which the maximum sentence is seven years. The dispute over the charges directly affects the sentencing level.
  • The threshold for serious cases: Whether the standards such as providing assistance to more than three individuals, paying settlement amounts of more than 200,000 yuan, and having illegal income of more than 10,000 yuan are met, determine whether the act constitutes a crime or not, and the core of the defense lies in the separation of cash flow accounting and the nature of the funds.

III. Professional analysis by Henglue Lawyers

恒略律师办理帮信案件的经验，是把辩护重心放在明知、金额与情节三个层面。明知层面，重点审查行为人对上游犯罪的认知程度：交易对价是否明显异常、是否收到银行或警方风险提示后仍继续提供服务、聊天记录中有无涉赌涉诈的明示暗示，逐一弱化或切断明知推定；确无明知的，依法不构成犯罪。金额层面，逐笔核对支付结算流水，剔除与被帮助犯罪无关的正常资金，核减重复计算部分，把数额从量刑档次的边缘拉回。情节层面，围绕初犯偶犯、坦白认罪认罚、退缴违法所得、在校学生等组织从宽材料，争取不起诉或缓刑。对仅出售一两张卡、支付结算金额未达二十万元标准且违法所得不足一万元的，应主张未达情节严重标准、依法不作犯罪处理。帮信案件越早介入，侦查阶段固定有利证据、争取从宽的空间越大。

IV. Practical suggestions and legal basis

At the legal basis level: Article 287 of the Criminal Law (effective November 1, 2015) stipulates that anyone who knowingly uses information networks to commit crimes and provides technical support such as Internet access, server hosting, network storage, and communication transmission, or provides assistance such as advertising promotion and payment settlement, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined or given a single fine; if the circumstances are serious, the offender shall be convicted and punished in accordance with the provisions of the crime with a heavier punishment. Article 12 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Illegally Using Information Networks and Aiding in Information Network Crime Activities (effective November 1, 2019) lists the standards for determining serious circumstances. At the procedural level, according to Article 15 of the Criminal Procedure Law (amended and implemented on October 26, 2018), those who voluntarily make truthful statements and plead guilty and accept the punishment may be given lenient treatment in accordance with the law; those who meet the conditions for probation according to Article 72 of the Criminal Law may be sentenced to probation. Practical suggestions: immediately stop renting or selling accounts and cooperate with the investigation; preserve chat records and transaction price certificates to restore the extent of knowledge; actively surrender illegal income and pay the fine in advance; if the involved accounts are frozen, claim the removal of unrelated funds through legal procedures.

5. Henglu Law Firm's Reminder

Although the prison term for the crime of aiding and abetting is relatively short, the criminal record will have a long-term impact on political reviews, military service, civil service exams, and financial careers. The blacklist will also lead to restrictions on bank cards and payment accounts. Never rent or sell "two cards" for a few hundred yuan, and don't provide a transit channel for funds of unknown origin. For those who have been involved in the case, fines, confiscation of funds, and the disposal of account funds may also lead to subsequent problems in creditor-debtor relations and enforcement. These issues can be addressed in conjunction with relevant authorities.Creditor-debtor relations and enforcement case servicesHandle them together. For those who are suspected of being summoned or subject to compulsory measures, they should seize the defense window during the investigation stage and take action as soon as possibleCriminal defense and legal services for criminal case filingHire a professional lawyer to get involved and handle the matter through legal means.Beijing Henglu Law FirmAppointments can be made for case assessments.

Q1: If I sell or lend my bank card to others for use, would that constitute the crime of aiding and abetting?

It's possible. If someone knowingly sells or rents out bank cards or phone cards to others to assist them in committing crimes through information networks, and such acts meet the criteria of serious circumstances, they will be convicted of the crime of aiding and abetting. Whether someone "knows" will be inferred based on factors such as abnormal transaction prices, continuing to apply for cards after the card has been frozen, and the other party admitting involvement in fraud or gambling. If it's just a one-time normal loan with no abnormal consideration and the borrower genuinely didn't know about the illegal activities, they will generally not be prosecuted, but may face financial penalties. Once the funds involved in the case flow into the borrower's account, they should immediately cooperate with the investigation, explain the purpose of the funds, and keep chat records to prove that they were unaware of the upstream crimes, in order to avoid being prosecuted.

Q2: What is the standard for "serious circumstances" in the crime of aiding and abetting?

According to Article 12 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving the Illegal Use of Information Networks and Assisting in Information Network Crime Activities" (effective on November 1, 2019), the following circumstances constitute serious circumstances: providing assistance to more than three objects; paying a settlement amount of more than 200,000 yuan; providing funds of more than 50,000 yuan by placing advertisements, etc.; having illegal income of more than 10,000 yuan; having been subject to administrative penalties for relevant violations within two years and committing the same offense again; and the crime committed by the assisted object causing serious consequences, etc. Those who do not meet the standards should not be treated as criminals according to law. The core of the defense is to verify the amount and flow of funds item by item.

Q3: Can a person be sentenced to probation for the crime of aiding and abetting?

The chances of obtaining probation are relatively high. The statutory punishment for the crime of aiding and abetting is fixed-term imprisonment of not more than three years or criminal detention. The defendant meets the conditions for applying for probation according to Article 72 of the Criminal Law, that is, he/she may be sentenced to criminal detention or fixed-term imprisonment of not more than three years, and the circumstances of the crime are relatively minor, he/she shows remorse, there is no danger of reoffending, and the announcement of probation will not have a significant adverse impact on the community where he/she lives. In practice, first-time offenders, occasional offenders, and students who confess their crimes, admit their guilt, and surrender their illegal proceeds and pay the fine in advance can generally obtain probation or even be exempted from prosecution. The length of the prison term and whether to grant probation depend on the scale of the illegal transactions involved, the amount of illegal proceeds, the degree of knowledge of the crime, and the attitude towards appearing in court. If the lawyer submits mitigating materials in time, it will have a significant impact on the outcome.

Q4: What is the difference between the crime of aiding and abetting and the crime of concealing and hiding the proceeds of crime?

The core difference lies in the timing of involvement and the nature of the acts. The crime of aiding and abetting involves providing technical or financial assistance, such as payment settlement, knowing that others are using information networks to commit crimes. The maximum statutory punishment is three years in prison; the crime of concealing and disguising the proceeds of crime involves assisting in transferring, withdrawing, or cashing out the proceeds of crime after the fact. According to Article 312 of the Criminal Law (effective October 1, 1997), those who commit the crime with serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If the same funds are first used to assist and then transferred, they may be treated as the more serious crime of concealing and disguising the proceeds of crime. There is a clear difference in the sentencing levels of the two crimes. When charged with a serious crime, evidence should be organized around the timing of fund involvement, the depth of participation, and the degree of knowledge to strive for a change in the legal characterization of the crime.

Q5: What should I do if I am summoned by the public security organ for aiding and abetting crime?

Make a truthful statement and actively provide evidence for leniency. After being summoned to the court, you should truthfully describe the process of lending or selling the account, the consideration and your level of knowledge about it, without concealing the number of accounts and the flow of funds. Cooperate with the return of illegal proceeds. At the same time, promptly hire a lawyer to communicate with you, evaluate whether you meet the criminal conviction standards and whether there is room for non-prosecution, and submit mitigating materials such as first-time offender, guilty plea, being a student or having employment difficulties. The bank cards and payment accounts involved in the case will be frozen. After the case is handled, you can apply for the lifting of the freeze with legal documents. If you are subject to compulsory measures, your family should contact a lawyer in time to grasp the golden defense window in the investigation stage.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu Law Firm