Article 287-1 of the Criminal Law: Crime of illegal use of information network, using information network to commit one of the following acts. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined:
(a) to establish websites and distribution groups that commit fraud, teach criminal methods, make or sell prohibited items, controlled items and other illegal and criminal activities;
(2) publishing information on manufacturing and selling drugs, guns, obscene articles and other prohibited articles, controlled articles or other illegal and criminal activities;
(3) publishing information for the purpose of committing illegal and criminal activities such as fraud.
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.
As the judicial interpretation of laws and regulations changes every year, lawyer Su Yifei will update the sentencing standard of this crime once a year on this website page:
(20 19) Interpretation 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.
Article 7 "Illegal crime" as stipulated in Article 287-1 of the Criminal Law includes criminal acts and illegal acts that belong to the types of acts stipulated in the specific provisions of the Criminal Law but have not yet constituted a crime.
Article 8 Websites and distribution groups that aim at or are mainly used to commit illegal and criminal activities after their establishment shall be identified as "websites and distribution groups used to commit fraud, teach criminal methods, make or sell prohibited items, controlled items and other illegal and criminal activities" as stipulated in Item 1 of Paragraph 1 of Article 287-1 of the Criminal Law.
Article 9 Those who use the information network to provide information links, screen shots, two-dimensional codes, passwords of access accounts and other guided access services shall be deemed as "publishing information" as stipulated in Items 2 and 3 of Paragraph 1 of Article 287-1 of the Criminal Law.
Tenth illegal use of information network, one of the following circumstances, it should be recognized as "serious circumstances" as stipulated in the first paragraph of Article 287-1 of the Criminal Law:
(1) Establishing websites in the name of state organs or financial institutions to carry out illegal and criminal activities;
(two) the establishment of the implementation of illegal and criminal activities of the website, the number reached more than three or registered accounts reached more than two thousand;
(three) the establishment of a communication group to carry out illegal and criminal activities, with more than five people or more than one thousand accounts of group members;
(four) the release of illegal and criminal information or the release of information on the implementation of illegal and criminal activities, in any of the following circumstances:
1. Publish more than 100 pieces of relevant information on the website;
2. Send relevant information to more than 2,000 user accounts;
3. Send relevant information to communication groups with more than 3000 members;
4. Use social networks to disseminate relevant information, and the cumulative number of accounts of relevant personnel has reached more than 30,000;
(five) the illegal income of more than ten thousand yuan;
(6) Having been subjected to administrative punishment for illegally using information networks, helping criminal activities of information networks, endangering the security of computer information systems, and illegally using information networks within two years;
(7) Other serious circumstances.
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.
Article 13 The criminal acts committed by the aided person can be confirmed, but if the case is not filed, a judgment is not made according to law, or 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.