The crime of helping information network criminal activities is a new crime in the Criminal Law Amendment (IX). It refers to the act of providing others with technical support such as Internet access, server hosting, network storage, communication transmission, etc., or providing assistance such as advertising promotion and payment settlement, knowing that others use information networks to commit crimes. In specific cases, some parties actually participated in the crime without knowing or knowing, and were investigated for responsibility by judicial organs. In some cases, after the defense of lawyers, it was found that some people were acquitted. Here is a brief understanding of the possible innocence after being suspected of helping information network criminal activities: 1. The crime of helping information network criminal activities is itself a crime of helping, and the premise of its establishment is that the behavior of the helped object also constitutes a crime. If it is help, 2. The crime of helping information network criminal activities requires that the actor subjectively does not know that the object of help is carrying out criminal activities. Although he was suspected of helping beforehand, he did not continue to help. The facts were unclear and the evidence was insufficient, which did not meet the conditions for prosecution. No crime was found. 3. The crime of helping information network criminal activities must be subjective, and it must be specific and knowing that it is a crime of helping others to carry out network activities. It is impossible to infer and know what needs to be known is a relatively specific and indeed sufficient plot. Those who do not meet the above circumstances cannot be considered as crimes. 4. If the whereabouts of the software produced and sold by the person who helps the information network criminal activities are unknown, it cannot be determined that it is related to other crimes, and its behavior does not meet the conditions for prosecution, nor can it be determined that it constitutes a crime. 5. Whether the crime of helping information network criminal activities is subjectively known or not needs to be comprehensively determined by combining other evidence, witness testimony, the work experience, position and division of labor of the actor. If it can't be proved, it is a case of insufficient evidence.
legal ground
Interpretation of some issues concerning the application of law in handling criminal cases such as illegal use of information networks and helping information network criminal activities.
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, 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.
Fifteenth comprehensive consideration of the degree of social harm, confession and repentance attitude and other circumstances, that the crime is minor, you can not prosecute or be exempted from criminal punishment; If the circumstances are obvious, minor and harmless, it will not be punished as a crime.
Article 16 Whoever repeatedly refuses to perform the obligation of information network security management, illegally uses the information network or helps the information network to commit criminal activities, which constitutes a crime and should be investigated for criminal responsibility according to law, or who has repeatedly committed the above acts within two years without being dealt with, the quantity or amount shall be calculated cumulatively.