French interpretation [20 13] No.21
(20 13, the 5th meeting of the Judicial Committee of the Supreme People's Court, and the 9th meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on September 2nd, 20 13, which will come into force on September 6th, 20 13).
In order to protect the legitimate rights and interests of citizens, legal persons and other organizations, and maintain social order, according to the Criminal Law of People's Republic of China (PRC) and the Decision of NPC Standing Committee on Maintaining Internet Security, some issues concerning the application of law in handling criminal cases such as libel, affray, extortion and illegal business operations by using information networks are explained as follows:
Article 1 In any of the following circumstances, it shall be deemed as "fabricating facts to slander others" as stipulated in the first paragraph of Article 246 of the Criminal Law:
(a) fabricating facts that damage the reputation of others and spreading them on the information network, or organizing or instructing personnel to spread them on the information network;
(2) Tampering with the original information content involving others on the information network as a fact that damages the reputation of others, spreading it on the information network, or organizing or instructing personnel to spread it on the information network;
Knowing that it is a fabricated fact that damages the reputation of others and spreads it on the information network, if the circumstances are bad, it is regarded as "fabricating facts to slander others".
Article 2 Whoever uses the information network to slander others in any of the following circumstances shall be deemed as "serious" as stipulated in the first paragraph of Article 246th of the Criminal Law:
(1) The same defamatory information has actually been clicked or viewed more than 5,000 times, or has been forwarded more than 500 times;
(2) Causing serious consequences such as mental disorder, self-mutilation and suicide of the victim or his close relatives;
(3) Defaming others within two years after being punished by administrative punishment for defamation;
(4) Other serious circumstances.
Article 3 Whoever uses the information network to slander others in any of the following circumstances shall be deemed as "seriously endangering social order and national interests" as stipulated in the second paragraph of Article 246th of the Criminal Law:
(1) Causing mass incidents;
(2) Causing public disorder;
(3) Causing ethnic and religious conflicts;
(four) slander many people, causing adverse social impact;
(5) Damaging the national image and seriously endangering the national interests;
(6) Causing adverse international influence;
(seven) other circumstances that seriously endanger social order and national interests.
Article 4 Whoever uses the information network to slander others for many times within one year, without treatment, and the number of times the defamatory information is actually clicked, browsed and forwarded is accumulated, which constitutes a crime, shall be convicted and punished according to law.
Article 5 Whoever uses information network to insult or intimidate others, if the circumstances are bad and disturb social order, shall be convicted and punished for the crime of stirring up trouble in accordance with the provisions of Item (2) of Paragraph 1 of Article 293 of the Criminal Law.
Whoever fabricates false information, or knowingly spreads it on the information network, or organizes or instructs people to spread it on the information network, thus causing serious social disorder, shall be convicted and punished for the crime of stirring up trouble in accordance with Item (4) of Paragraph 1 of Article 293 of the Criminal Law.
Article 6 Whoever publishes or deletes network information on the information network, threatens or coerces others to ask for public or private property on the grounds of processing network information, or commits the above acts for many times, shall be convicted and punished for extortion in accordance with the provisions of Article 274 of the Criminal Law.
Seventh in violation of state regulations, for the purpose of making profits, through the information network to provide services such as deleting information, or knowing that it is false information, through the information network to provide services such as publishing information, disturbing.
Market order, under any of the following circumstances, is an illegal business operation with "serious circumstances", and shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Item (4) of Article 225 of the Criminal Law:
(a) the amount of personal illegal business is more than 50 thousand yuan, or the amount of illegal income is more than 20 thousand yuan;
(2) The illegal business operation amount of the unit is more than150,000 yuan, or the illegal income amount is more than 50,000 yuan.
If the amount of the act specified in the preceding paragraph reaches more than five times the amount specified in the preceding paragraph, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law.
Article 8 Whoever knowingly provides funds, places, technical support and other help to others by using information networks to commit crimes such as libel, affray, extortion and illegal business operations shall be punished as * * *.
Article 9 Whoever uses the information network to commit crimes of libel, affray, extortion and illegal business operation also constitutes the crime of damaging business reputation and commodity reputation as stipulated in Articles 22 1 and 200 of the Criminal Law.
Whoever commits the crime of inciting violence to resist law enforcement as stipulated in Article 78 and the crime of fabricating and intentionally spreading false terrorist information as stipulated in Article 291-1 shall be convicted and punished according to the provisions of heavier punishment.
Article 10 Information networks mentioned in this Interpretation include computer Internet, radio and television networks, fixed communication networks, mobile communication networks and other information networks with computers, televisions, fixed telephones, mobile phones and other electronic devices as terminals, as well as local area networks open to the public.