Help the judicial interpretation of information network crime II

The latest judicial interpretation of the crime of helping information network criminal activities, deliberated and adopted by the Supreme People's Procuratorate and the Supreme People's Court, came into effect on 20 19 1 1, indicating the seriousness of the crime.

Knowing that others use the information network to commit crimes and provide assistance for them to commit crimes, under any of the following circumstances, it shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 287 bis of the Criminal Law:

1, to help more than three objects;

2. The payment and settlement amount exceeds 200,000 yuan;

3 in the form of advertising to provide funds of more than 50 thousand yuan;

4, 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;

6. The aided person has serious criminal consequences;

(7) Other serious circumstances.

Legal basis:

Interpretation of some issues concerning the application of law in handling criminal cases such as illegal use of information networks and helping information network crimes.

Article 11

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 are using information networks 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.