criminal law
Article 287 bis knowingly provides technical support such as Internet access, server hosting, network storage and communication transmission. , or provide advertising, payment and settlement assistance, if the circumstances are serious, they 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.
Second, what's the use of helping lawyers in letter crimes?
1. Provide legal services and represent complaints and accusations.
2, on behalf of the application for bail or residential surveillance.
3. After accepting the entrustment, the lawyer gets in touch with the investigation organ, learns from the investigation organ about the charges charged by the criminal suspect, and puts forward specific requirements for meeting the criminal suspect in time.
Since the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken, the entrusted lawyer has the right to meet the criminal suspect and defendant with the lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter to learn about the relevant case.
4. If the detention period expires and the arrest is not approved or the compulsory measures are changed, you can request the cancellation or change of the compulsory measures, and you can get a bail pending trial or monitor your residence.
3. What are the constitutive elements of the crime of helping cyber crime?
1, main aspects.
In our country, the subject of this kind of criminal activity belongs to the general subject, that is, the natural person, without other restrictions, as long as it reaches the age of criminal responsibility stipulated in the criminal law. People and units can be the subject of this crime, so the conditions are relatively broad.
2. Subjective aspects.
As far as this crime is concerned, the subjective element is intentional, because knowing that others use information networks to commit crimes and not stopping them, they will help them instead. Therefore, the subjective mentality here must be intentional, and negligence cannot be the crime. Therefore, we must pay attention to the judgment of the subjective mentality of the parties. If it is intentional, it can be considered as this crime. If it is not intentional, it is necessary to make further judgments on subjective mentality through other means.
3. objective aspects.
If we want to identify this crime, we must objectively implement the clearly defined behavior, that is, provide internet service for others, or provide technical support such as server hosting and communication transmission to help others commit crimes. There must be specific behavior. This is a crime like sex. If you do nothing or just provide moral support, it does not belong to the crime of helping information network activities.
4. Object.
As far as the infringed object is concerned, it must be a threat to China's network order and network security. This threat is very serious, because it is very likely to lead to network paralysis or the disclosure of personal information of others, with extremely serious consequences. Therefore, China has specially formulated the crime of helping information network criminal activities to stop this kind of behavior.
Being deceived to help others believe in crime refers to being used or deceived by others without knowing it, thus participating in criminal activities. In order to prevent this crime, we can take some measures. First of all, be vigilant and don't trust strangers' demands or promises easily. Secondly, it is necessary to strengthen the protection of personal information and not to disclose sensitive information such as personal identity and bank accounts at will. In addition, check bank accounts and credit card bills regularly, and report abnormal transactions in time. If you find yourself deceived, you should report to the police immediately and seek legal assistance. At the same time, you can contact the bank or credit card company to freeze the account to prevent the loss from expanding. Keeping alert, strengthening information protection, reporting the case in time and seeking legal aid are important measures to prevent the crime of being cheated to help the letter.
Being deceived to help others believe in crime refers to being used or deceived by others without knowing it, thus participating in criminal activities. In order to prevent this crime, we can take some measures. First of all, be vigilant and don't trust strangers' demands or promises easily. Secondly, it is necessary to strengthen the protection of personal information and not to disclose sensitive information such as personal identity and bank accounts at will. In addition, check bank accounts and credit card bills regularly, and report abnormal transactions in time. If you find yourself deceived, you should report to the police immediately and seek legal assistance. At the same time, you can contact the bank or credit card company to freeze the account to prevent the loss from expanding. Keeping alert, strengthening information protection, reporting the case in time and seeking legal aid are important measures to prevent the crime of being cheated to help the letter.
Legal basis:
Decision of the Supreme People's Court and the Supreme People's Procuratorate on Amending the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management;
Twelfth in violation of state regulations, the use of point-of-sale terminal equipment (POS machines) and other means, by fictitious transactions, false pricing, cash return and other ways to directly pay cash to credit card holders. If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law.
If the amount of the act mentioned in the preceding paragraph is more than100000 yuan, or the funds of financial institutions are overdue by more than 200000 yuan, or the economic losses of financial institutions are more than100000 yuan, it shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law; If the amount is more than 5 million yuan, or fails to return the funds of financial institutions1000000 yuan within the time limit, or causes economic losses of financial institutions of more than 500,000 yuan, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law.
If the cardholder maliciously overdraws in the above way for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.