Judicial Explanation of Bangxin
The latest judicial interpretation of the crime of helping information network crimes was reviewed and approved by the Supreme People’s Procuratorate and the Supreme People’s Court. From November 1, 2019, it explained the serious situation of the crime. [Legal analysis] The behavior stipulated in the previous paragraph, indeed due to objective conditions, it is impossible to verify whether the help object can reach the crime, but the total amount reaches the total amount of the previous paragraph to the fourth item. If the standard is more than five times, or causes particularly serious consequences, it shall help the criminal liability of the perpetrators to help the crime of information network criminal activities. Characteristics of information network crimes: First, low cost, rapid spread, and wide spread. As far as emails are concerned, it is much less than the traditional sending letter, especially emails sent abroad. The development of the network, as long as you knock on the keyboard, you can send emails to many people in a few seconds. Theoretically, the recipient is the people of the world. Second, interactivity and concealment are high and difficult to obtain evidence. The development of the network has formed a virtual computer space, which not only eliminates the border line, but also breaks the boundaries of society and space, making two -way and multi -directional communication and communication possible. Third, serious social harm. With the continuous development of computer information technology, from national defense, electricity to banking and telephone systems, they are digital and network at the moment. Once these departments are invaded and destroyed, the consequences will be unimaginable. Fourth, cyber crime is a typical computer crime. There are many opinions on what the theoretical community of computer criminal crime is now, and the definition of dual theory (that is, the actor uses computers as a tool or a criminal behavior implemented as an attacking object). [Legal basis] “Interpretation of criminal cases such as illegal use of information networks and helping information network criminal activities” Article 11 provides technical support for crime for others to implement crime Or help, if one of the following circumstances, you can determine that the perpetrator knows that others use the information network to commit crimes, except for the opposite evidence: (1) If the regulatory authorities are notified, they still implement relevant behaviors; (2) After receiving the report Those who do not fulfill their statutory management responsibilities; (3) the transaction price or method is obviously abnormal; (4) providing procedures, tools or other technical support and help for illegal crimes; (5) frequent use of hidden Internet access, encrypted communication, destruction Data and other measures or use false identities to evade supervision or avoid investigations; (6) those who provide technical support and help for others to evade supervision or avoid survey; (7) Other situations that are enough to identify the actor know. It 12 to know that other people use the information network to implement crimes and provide help for their crimes. If one of the following circumstances, it shall be identified as the “serious circumstances stipulated in Article 287 of the Criminal Law. “: (1) It can help three or more objects; (2) Payment of more than 200,000 yuan for the settlement settlement; (3) provides more than 50,000 yuan in funds by advertising and other methods; (4) 10,000 illegal obtains 10,000 yuan Above yuan or above; (5) In the second year, due to illegal use of information networks, helping information network criminal activities, harmful computer information system security, they were punished by administrative penalties and helping information network criminal activities; Consequences; (7) serious situations in other circumstances.
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