Can an accomplice in the crime of obstructing credit card management be granted probation, and what conditions are required?
According to the Criminal Law of the People's Republic of China, whether an accomplice in the crime of obstructing credit card management can be granted probation depends on whether he meets the statutory conditions for probation. Article 72 of the Criminal Law stipulates that for criminals who are sentenced to fixed-term imprisonment of not more than three years or criminal detention, if they have shown sincere repentance, there is no danger of recidivism, and their probation will not have an adverse impact on the community where they live, they may be granted probation.
For accomplices in joint crimes, Article 27 of the Criminal Law states that those playing secondary or auxiliary roles are accomplices and shall be given lighter, mitigated punishment or exempted from punishment. In your cousin's case, if he only helped collect cards with small remuneration, he may be identified as an accomplice with a minor role, which is a favorable factor for lighter punishment. His voluntary surrender (Article 67) is also a statutory情节 for lighter or mitigated punishment.
Practically, it is recommended to hire a criminal defense lawyer promptly. The lawyer can help collect evidence of his minor role, surrender, and repentance, and propose a probation defense to the court. Additionally, he should actively cooperate with the investigation and return illegal gains if any, which will increase the chance of getting probation.
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