Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering the Security of Computer Information Systems (Excerpt) Article 1 Whoever illegally obtains data of computer information systems or illegally controls computer information systems shall be deemed as "serious circumstances" as stipulated in the second paragraph of Article 285 of the Criminal Law: (1) Obtaining more than ten groups of identity authentication information of online financial services such as payment and settlement, securities trading and futures trading; (two) to obtain more than 500 groups of identity authentication information other than item (a); (3) illegally controlling more than 20 computer information systems; (four) the illegal income of more than five thousand yuan or caused economic losses of more than ten thousand yuan; (five) other serious circumstances. Whoever commits one of the acts listed in the preceding paragraph shall be deemed as "the circumstances are particularly serious" as stipulated in the second paragraph of Article 285 of the Criminal Law: (1) The quantity or amount reaches more than five times the standards specified in Items (1) to (4) of the preceding paragraph; (2) Other particularly serious circumstances. Whoever knowingly uses a computer information system illegally controlled by others shall be convicted and punished in accordance with the provisions of the preceding two paragraphs. Article 2. Programs and tools under any of the following circumstances shall be identified as "programs and tools specially used for invading and illegally controlling computer information systems" as stipulated in the third paragraph of Article 285 of the Criminal Law: (1) Having the function of evading or breaking through the security protection measures of computer information systems, and obtaining data of computer information systems without authorization or beyond authorization; (2) Having the function of evading or breaking through the security protection measures of computer information systems and controlling computer information systems without authorization or beyond authorization; (3) Other programs and tools specially used for invading, illegally controlling computer information systems and illegally obtaining data of computer information systems. Article 3. Providing a program or tool that invades or illegally controls a computer information system shall be deemed as "serious" as stipulated in the third paragraph of Article 285 of the Criminal Law under any of the following circumstances: (1) providing a special program or tool that can be used to illegally obtain identity authentication information of online financial services such as payment and settlement, securities trading and futures trading for more than five times; (2) providing programs and tools other than those mentioned in Item (1) and invading or illegally controlling the computer information system for more than 20 times; (3) Providing programs and tools to others for more than five times, knowing that others have committed illegal and criminal acts of illegally obtaining identity authentication information of online financial services such as payment and settlement, securities trading and futures trading; (4) knowingly providing programs and tools to others for more than 20 times, knowing that others have committed illegal and criminal acts of invading and illegally controlling computer information systems other than those mentioned in Item (3); (five) the illegal income of more than five thousand yuan or caused economic losses of more than ten thousand yuan; (six) other serious circumstances. The acts specified in the preceding paragraph shall be deemed as providing programs and tools to invade and illegally control computer information systems under any of the following circumstances, and the circumstances are particularly serious: (1) The quantity or amount reaches more than five times the standards specified in items (1) to (5) of the preceding paragraph; (2) Other particularly serious circumstances. Article 4 Whoever sabotages the functions, data or application programs of a computer information system under any of the following circumstances shall be deemed as "serious consequences" as stipulated in the first and second paragraphs of Article 286 of the Criminal Law: (1) Causing the main software or hardware of more than ten computer information systems to fail to operate normally; (2) Deleting, modifying or adding operations to data stored, processed or transmitted in more than 20 computer information systems; (three) the illegal income of more than five thousand yuan or caused economic losses of more than ten thousand yuan; (4) The computer information system that provides basic services such as domain name resolution, identity authentication and billing for more than 100 computer information systems or provides services for more than 1 10,000 users cannot operate normally 1 hour or more; (5) Causing other serious consequences. The implementation of the acts specified in the preceding paragraph shall be deemed as "especially serious consequences" under any of the following circumstances: (1) The quantity or amount reaches more than five times the standards specified in Items (1) to (3) of the preceding paragraph; (2) The computer information system that provides basic services such as domain name resolution, identity authentication and billing for more than 500 computer information systems or provides services for more than 50,000 users cannot operate normally 1 hour or more; (3) Destroying the functions, data or application programs of state organs or computer information systems that provide public services in the fields of finance, telecommunications, transportation, education, medical care and energy, thus causing serious impact on production and life or adverse social impact; (4) Causing other particularly serious consequences. Article 8 Where a crime endangering the security of computer information systems is committed in the name of a unit or in the form of a unit, and the conviction and sentencing standards stipulated in this Interpretation are met, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the provisions of Articles 285 and 286 of the Criminal Law. Article 9 Whoever knowingly commits one of the following acts as stipulated in Articles 285 and 286 of the Criminal Law shall be deemed as an accomplice and punished in accordance with the provisions of Articles 285 and 286 of the Criminal Law: (1) Providing programs and tools used to destroy the functions, data or applications of computer information systems, and the illegal income is more than 5,000 yuan or the number of times of providing them exceeds 10; (two) to provide Internet access, server hosting, network storage space, communication transmission channels, fee settlement, trading services, advertising services, technical training, technical support and other help, the illegal income of more than 5000 yuan; (three) to entrust software promotion, advertising and other ways to provide funds of more than 5000 yuan. Whoever commits the acts listed in the preceding paragraph, the quantity or amount of which reaches more than five times the standard specified in the preceding paragraph, shall be deemed as "especially serious circumstances" or "especially serious consequences" as stipulated in Articles 285 and 286 of the Criminal Law. Article 10 If it is difficult to determine whether it belongs to "computer information systems in the fields of state affairs, national defense construction and cutting-edge science and technology", "programs and tools specially used to invade and illegally control computer information systems" or "destructive programs such as computer viruses" as stipulated in Articles 285 and 286 of the Criminal Law, the department responsible for the security protection and management of computer information systems at or above the provincial level shall be entrusted to conduct inspection. According to the inspection conclusion, combined with the specific circumstances of the case, determined by the judicial organs.

Legal objectivity:

Article 285 of the Criminal Law whoever, in violation of state regulations, invades computer information systems in the fields of state affairs, national defense construction and cutting-edge science and technology shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever, in violation of state regulations, invades a computer information system other than the one mentioned in the preceding paragraph, or uses other technical means to obtain data stored, processed and transmitted in the computer information system, or illegally controls the computer information system, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Those who provide programs and tools specially used to invade or illegally control computer information systems, or who knowingly provide them to others, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph. Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding three paragraphs.