What is the crime of helping information network?

The crime of helping information network criminal activities aims at providing technical support such as Internet access, server hosting, network storage and communication transmission. , or provide assistance in advertising promotion, payment and settlement. 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.

legal ground

Article 287 bis of the Criminal Law provides technical support such as Internet access, server hosting, network storage and communication transmission. , or knowing that others use the information network to commit crimes and 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.