The crime of helping the letter is a criminal case. Whoever commits the crime of helping information network criminal activities, if the circumstances are serious, 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 a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished according to regulations.
What are the constitutive elements of helping information network crime?
1, subject of crime. The subject of the crime of helping information network criminal activities is the general subject, including natural persons who have reached the age of 16 and have the ability of criminal responsibility, and units can also become the subject of the crime of helping information network criminal activities;
2. Subjective aspects of crime. The subjective aspect of the crime of helping others commit information network crimes is intentional, that is, knowing that the act of helping others commit information network crimes will cause damage to the country's information network management order, and still hope or let this harmful result happen. In addition, this crime also requires that the perpetrator must know that others are using the information network to commit crimes, including both the explicit knowledge of the perpetrator and the information that the perpetrator should know;
3. The object of the crime. The object of helping information network crime is the state's management order of normal information network environment. Using information network to commit crimes certainly destroys the stable, healthy and orderly information network environment. It seriously violates the state's management order of the normal information network environment, and the act of providing help to these information network criminal activities also undermines the state's management order of the normal information network environment;
4. The objective aspect of crime. The objective aspects of the crime of helping information network crime are: providing technical support such as Internet access, server hosting, network storage and communication transmission. For information network crime, or to provide advertising promotion, payment and settlement and other help. This is a very serious behavior.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 287 bis of the Criminal Law of People's Republic of China (PRC).
The crime of helping information network criminal activities is provided for others with technical support such as Internet access, server hosting, network storage and communication transmission. Commit crimes for them, or provide assistance in advertising promotion, payment and settlement. 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.
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.