Hello! The answer to your question about "punishment for helping information network crimes" is as follows: Hello, the answer to the question about the punishment standard for helping information network crimes is as follows: Article 287 bis of the Criminal Law: knowingly providing technical support such as Internet access, server hosting, network storage, communication transmission, etc., committing crimes for them, or providing them with assistance such as advertising, payment and settlement, and 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 be fined. The concept and composition of the crime of asking for help in information network criminal activities refers to a serious act of providing technical support such as Internet access, server hosting, network storage and communication transmission. , or provide advertising promotion, payment and settlement for others knowing that they use information networks to commit crimes. This crime is a newly added crime in Article 29 of the Criminal Law Amendment (IX). (I) Subject The subject of this crime is the general subject. That is, a natural person with criminal responsibility at the age of 16, and a unit can also constitute this crime. (2) Subjectively, this crime can only be constituted by intention, and negligence does not constitute this crime. (III) Object The object of this crime is the national network security management system. (4) The objective aspect of this crime is to provide technical support such as Internet access, server hosting, network storage and communication transmission. , or knowing that others use information networks to commit crimes, and providing them with assistance in advertising promotion, payment and settlement, if the circumstances are serious. The so-called "knowing" means knowing or should know; The so-called "Internet access" refers to the high-bandwidth and high-speed physical connection between users and IP WAN through a specific transmission channel, so as to collect and share information. The so-called "server hosting" refers to hosting your server and related equipment in a network data center with perfect computer room facilities, high-quality network environment, rich bandwidth resources and operation experience, and real-time monitoring of users' networks and equipment, so that the system can run safely, reliably, stably and efficiently; The so-called "network storage" refers to connecting storage devices to a group of computers through a standard network topology, aiming at helping to solve the demand of rapid growth of storage capacity. Simply put, it is to store things in computers on the network. There are three kinds of network storage structures: direct attached storage (DAS), network attached storage (NAS) and storage area network (SAN). The so-called "communication transmission" means the transmission and exchange of information from one place to another. Simply put, it is the transmission of information. Its purpose is to convey information. However, with the development of social productive forces, people have higher and higher requirements for transmitting information. This crime is consequential and needs to be constituted by "serious circumstances". What is "serious circumstances" needs to be clearly defined by law or judicial interpretation. Whoever commits this crime and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment, and shall not be punished for several crimes.

Legal objectivity:

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 such as Illegal Use of Information Networks and Helping Information Network Crimes (The 23rd Meeting of the 13th Prosecutorial Committee of the Supreme People's Procuratorate in 2009 was adopted at the 177 1 meeting of the Judicial Committee of the Supreme People's Court on June 3, 2006, Since 20 1 9110/October1), LawNo. [20 19] 15 has been issued to punish those who refuse to perform the obligation of information network security management, illegally use information networks and help information. According to the provisions of the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC), some issues concerning the application of law in handling such criminal cases are explained as follows: Article 1 Units and individuals that provide the following services shall be recognized as "network service providers" as stipulated in the first paragraph of Article 286-1 of the Criminal Law: (1) Internet access, calculation, storage of domain name registration, analysis and other information. (2) Information network application services such as information publishing, search engine, instant messaging, online payment, online booking, online shopping, online games, online live broadcast, website construction, security protection, advertising promotion, application stores, etc.; (three) the use of information networks to provide e-government, communications, energy, transportation, water conservancy, finance, education, medical and other public services. Article 2 The term "the supervision department shall order correction" as stipulated in the first paragraph of Article 286-1 of the Criminal Law means that the department responsible for the supervision of information network security shall order the network service provider to take corrective measures in the form of rectification notice or other documents in accordance with the provisions of laws and administrative regulations. To determine "refusing to correct after being ordered by the regulatory authorities to take corrective measures", we should comprehensively consider whether the regulatory authorities have the basis of laws and administrative regulations, whether the corrective measures and deadlines are clear and reasonable, and whether the network service provider has the ability to take corrective measures as required. Article 3 Whoever refuses to perform the obligation of information network security management under any of the following circumstances shall be deemed as "causing illegal information to spread in large quantities" as stipulated in Item 1, Paragraph 1, Article 286-1 of the Criminal Law: (1) Causing illegal video files to spread more than 200 times; (2) Causing illegal information other than illegal video files to spread more than 2,000 pieces; (three) causing illegal information dissemination, although the quantity has not reached the standards stipulated in the first and second items, but the total amount has reached the corresponding quantity standard, it shall be handled according to the corresponding proportion; (4) Causing more than 2,000 user accounts to disseminate illegal information; (5) Causing illegal information to spread through communication groups with more than 3,000 group members' accounts or social networks with more than 30,000 followers' accounts; (six) the number of illegal information hits has reached more than fifty thousand times; (seven) other circumstances leading to the dissemination of a large number of illegal information. Article 4 Refusing to perform the obligation of information network security management, which leads to the disclosure of user information, shall be deemed as "causing serious consequences" as stipulated in Item 2, Paragraph 1, Article 286-1 of the Criminal Law: (1) Causing the disclosure of more than 500 pieces of track information, communication content, credit information and property information; (2) Causing the disclosure of more than 5,000 pieces of user information, such as accommodation information, communication records, health and physiological information and transaction information, which may affect personal and property safety; (three) resulting in the disclosure of more than fifty thousand pieces of user information other than the first and second items; (4) Although the quantity does not meet the standards specified in Items 1 to Item 3, it meets the relevant quantity standards in a corresponding proportion; (5) Causing death, serious injury, mental disorder or kidnapping others; (6) Causing significant economic losses; (7) Seriously disturbing social order; (8) Causing other serious consequences. Article 5 Refusing to perform the obligation of information network security management, which leads to the loss of evidence in criminal cases that affect conviction and sentencing, shall be deemed as "serious circumstances" as stipulated in Item 3, Paragraph 1, Article 286-1 of the Criminal Law: (1) Causing the loss of evidence in crimes endangering national security, terrorist activities, organized crimes of underworld nature, corruption and bribery crimes; (2) Causing the loss of evidence in criminal cases that may be sentenced to fixed-term imprisonment of more than five years; (3) Causing the loss of evidence in criminal cases for many times; (4) Causing serious impact on criminal proceedings; (five) other serious circumstances. Article 6 Refusing to perform the obligation of information network security management, in any of the following circumstances, shall be deemed as "other serious circumstances" as stipulated in Item 4, Paragraph 1, Article 286-1 of the Criminal Law: (1) Failing to keep the logs of the vast majority of users or failing to perform the obligation of authentication of real identity information; (2) Being ordered to make corrections for many times within two years and refusing to make corrections; (3) Causing the information network service to be mainly used for illegal crimes; (4) Causing information network services and network facilities to be used to carry out cyber attacks, which seriously affects production and life; (5) Causing the information network service to be used to commit crimes endangering national security, terrorist activities, organized crimes of underworld nature, corruption and bribery, etc.; (6) State organs or information networks that provide public services in the fields of communication, energy, transportation, water conservancy, finance, education and medical care are paralyzed and damaged, which seriously affects production and life; (seven) other serious violations of information network security management obligations. Article 7 "Illegal crime" as stipulated in Article 287-1 of the Criminal Law includes criminal acts and illegal acts that belong to the types of acts stipulated in the specific provisions of the Criminal Law but have not yet constituted a crime. Article 8 Websites and distribution groups that aim at or are mainly used to commit illegal and criminal activities after their establishment shall be identified as "websites and distribution groups used to commit fraud, teach criminal methods, make or sell prohibited items, controlled items and other illegal and criminal activities" as stipulated in Item 1 of Paragraph 1 of Article 287-1 of the Criminal Law. Article 9 Those who use the information network to provide information links, screen shots, two-dimensional codes, passwords of access accounts and other guided access services shall be deemed as "publishing information" as stipulated in Items 2 and 3 of Paragraph 1 of Article 287-1 of the Criminal Law. Article 10 The illegal use of information networks shall be deemed as "serious" as stipulated in the first paragraph of Article 287-1 of the Criminal Law in any of the following circumstances: (1) setting up a website in the name of a state organ or financial institution to carry out illegal and criminal activities; (two) the establishment of the implementation of illegal and criminal activities of the website, the number reached more than three or registered accounts reached more than two thousand; (three) the establishment of a communication group to carry out illegal and criminal activities, with more than five people or more than one thousand accounts of group members; (4) In any of the following circumstances: 1. Publish more than 100 pieces of relevant information on the website; 2. Send relevant information to more than 2,000 user accounts; 3. Send relevant information to communication groups with more than 3000 members; 4. Use social networks to disseminate relevant information, and the cumulative number of accounts of relevant personnel has reached more than 30,000; (five) the illegal income of more than ten thousand yuan; (6) Having been subjected to administrative punishment for illegally using information networks, helping criminal activities of information networks, endangering the security of computer information systems, and illegally using information networks within two years; (7) Other serious circumstances. Article 11. Providing technical support or assistance to others in committing crimes under any of the following circumstances, it can be determined that the perpetrator knows that others are using information networks to commit crimes, unless there is evidence to the contrary: (1) Having been informed by the regulatory authorities that relevant acts have been committed; (2) Failing to perform the statutory management duties after receiving the report; (3) The transaction price or method is obviously abnormal; (4) Providing programs, tools or other technical support and assistance specially used for illegal crimes; (five) frequently take covert Internet access, encrypted communication, data destruction and other means, or use false identity to escape supervision or investigation; (6) Providing technical support and assistance for others to evade supervision or investigation; (seven) other circumstances that are sufficient to determine that the actor knows. Article 12 Whoever knowingly uses information networks to commit crimes and provides assistance to them shall be deemed as "serious" as stipulated in the first paragraph of Article 287 bis of the Criminal Law: (1) Providing assistance 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. Article 13 The criminal acts committed by the aided person can be confirmed, but if the case is not filed, the judgment is not made according to law, or the criminal responsibility is not investigated according to law for reasons such as not reaching the age of criminal responsibility, it will not affect the determination of the crime of helping information network criminal activities. Article 14 Where a unit commits a crime as stipulated in this Interpretation, the directly responsible person in charge and other directly responsible personnel shall be convicted and punished in accordance with the conviction and sentencing standards for crimes committed by corresponding natural persons as stipulated in this Interpretation, and the unit shall also be fined. Fifteenth comprehensive consideration of the degree of social harm, confession and repentance attitude and other circumstances, that the crime is minor, you can not prosecute or be exempted from criminal punishment; If the circumstances are obvious, minor and harmless, it will not be punished as a crime. Article 16 Whoever repeatedly refuses to perform the obligation of information network security management, illegally uses the information network or helps the information network to commit criminal activities, which constitutes a crime and should be investigated for criminal responsibility according to law, or who has repeatedly committed the above acts within two years without being dealt with, the quantity or amount shall be calculated cumulatively. Seventeenth because of the implementation of the provisions of this interpretation of the crime was sentenced to punishment, according to the situation of the crime and the need to prevent re-crime, according to the law to declare the prohibition of occupation; A person sentenced to public surveillance or probation may, according to the circumstances of the crime, declare a restraining order according to law. Eighteenth for the implementation of the provisions of this interpretation of the crime, we should comprehensively consider the degree of harm of the crime, the amount of illegal income, the defendant's criminal record, confession and repentance attitude, and impose a fine according to law. Article 19 This Interpretation shall come into force on 20 19 1 1+0.