The crime of helping the letter is a criminal offence. The crime of helping the letter is called helping the information network crime. It refers to a serious act that a natural person or unit knowingly provides technical support such as Internet access, server hosting, network storage, communication transmission or advertising, payment and settlement.
The constitutive requirements of helping information network crime are that the subject is a general subject, including natural persons who have reached the age of 16 and have the ability of criminal responsibility, and the unit can also become the subject of this crime. Subjectively, it is intentional, that is, knowing that 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. The object of infringement is the state's management order of the normal information network environment.
The sentencing standards for the crime of aiding trust are as follows:
1, and the payment settlement amount exceeds 200,000;
2 through advertising and other means to provide funds of more than 50 thousand yuan.
3, the illegal income of more than ten thousand;
4. Help more than three objects;
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. Buying, selling or renting more than 5 credit cards, bank accounts, non-bank payment accounts, Internet account passwords with payment and settlement functions, online payment interfaces and online banking digital certificates;
8. Buying, selling or renting more than 20 mobile phone cards, mobile cards and IOT cards of others;
9. Other serious circumstances.
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.