Aiding cybercrimeThe crime of assisting in information network criminal activities, referred to as the crime of helping the letter, refers to the behavior of a natural person or a unit who knows that others use the information network to commit crimes, and provides technical support such as Internet access, server hosting, network storage, communication transmission, etc., or provides advertising promotion, payment settlement, etc., and the circumstances are serious.
The 2015 Criminal Law (9) added this crime, making the act of assisting in information network crimes an independent crime. In November 2019, the "Two Supreme Courts" issued relevant judicial explanations to further ensure the accuracy and unified application of the law.
If you provide technical support or assistance to others in committing crimes, still carry out the relevant acts after being informed by the supervisory department, do not perform the legal management duties after receiving the report, the transaction price or method is obviously abnormal, provide technical support such as procedures or tools specially used for illegal crimes, frequently use hidden Internet access and other measures to evade supervision or investigation, provide technical support for others to evade supervision or investigation, and have other circumstances that are sufficient to determine that the perpetrator knows, etc. It can be determined that the perpetrator knows that others use the information network to commit crimes (unless there is evidence to the contrary).
Those who clearly know that others use the information network to commit crimes and provide assistance to their crimes, provide assistance to more than three targets, pay more than 200,000 yuan in settlement amount, provide more than 50,000 yuan in advertising, etc., and obtain more than 10,000 yuan in illegal income, have received administrative punishment for relevant acts within two years, and have assisted in information network criminal activities, and the crimes committed by the helped targets have caused serious consequences or other serious circumstances shall be determined as "serious circumstances".
If a unit commits such a crime, it shall be fined, and the person in charge and other directly responsible personnel shall be punished in accordance with the provisions of crimes committed by natural persons. Those who commit the above-mentioned acts and commit other crimes at the same time shall be convicted and punished according to the provisions of heavier punishment.
The common crimes of "helping the letter" included renting, lending, and selling their own or other people's bank cards, U-shields, and other payment and settlement tools to criminals for collection, as well as buying communication transmission equipment to build fake base stations, using social media accounts to promote drainage, providing network storage services, maintaining illegal software, and other acts to help cybercrime gangs.
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