20 1 5110/0/month1,the criminal law amendment (IX) was formally implemented, and the crime of helping information network criminal activities was added.
On 20 19125/0, the Supreme Law promulgated the "Two Highs" and the "Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Illegal Use of Information Networks and Helping Information Network Crimes", which clarified the criteria for helping information network crimes.
1, Criminal Law of People's Republic of China (PRC)
Article 287 bis knowingly provides technical support such as Internet access, server hosting, network storage and communication transmission. , or provide advertising, payment and settlement assistance, 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 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.
2. Explanations of the Supreme People's Court and the Supreme People's Procuratorate on several issues concerning the application of laws in handling criminal cases such as illegal use of information networks and helping information network crimes.
Eleventh to provide technical support or help for others to commit crimes, in any of the following circumstances, it can be determined that the perpetrator knows that others use the information network to commit crimes, unless there is evidence to the contrary:
(a) the relevant acts are still carried out after being informed by the regulatory authorities;
(2) Failing to perform the statutory management duties after receiving the report;
(3) The transaction price or method is obviously abnormal;
(4) Providing programs, tools or other technical support and assistance specially used for illegal crimes;
(five) frequently take covert Internet access, encrypted communication, data destruction and other means, or use false identity to escape supervision or investigation;
(6) Providing technical support and assistance for others to evade supervision or investigation;
(seven) other circumstances that are sufficient to determine that the actor knows.
Twelfth knowing that others use information networks to commit crimes, to help them commit crimes, under any of the following circumstances, it should be considered as "serious circumstances" as stipulated in the first paragraph of Article 287 bis of the Criminal Law:
(a) to provide help to more than three objects;
(two) the payment and settlement amount is more than two hundred thousand yuan;
(three) the use of advertising to provide funds of more than fifty thousand yuan;
(four) the illegal income of more than ten thousand yuan;
(5) Having received administrative punishment for illegally using information network, helping information network criminal activities, endangering the security of computer information system, and helping information network criminal activities within two years;
(six) the crime committed by the object of assistance has caused serious consequences;
(7) Other serious circumstances.
Due to the limitation of objective conditions, it is really impossible to verify whether the assisted object has reached the level of crime, but the relevant amount has reached more than five times the standard specified in items 2 to 4 of the preceding paragraph, or it has caused particularly serious consequences, so as to help the perpetrator to be investigated for criminal responsibility for the crime of information network crime.
Article 13 The criminal acts committed by the aided person can be confirmed, but if the case is not filed, the judgment is not made according to law, or the criminal responsibility is not investigated according to law for reasons such as not reaching the age of criminal responsibility, it will not affect the determination of the crime of helping information network criminal activities.
Article 14 Where a unit commits a crime as stipulated in this Interpretation, the directly responsible person in charge and other directly responsible personnel shall be convicted and punished in accordance with the conviction and sentencing standards for crimes committed by corresponding natural persons as stipulated in this Interpretation, and the unit shall also be fined.