Crime of illegal control of computer information system in minin

5. The crime of illegal control of computer information system refers to the serious act of illegal control of computer information system outside the fields of state affairs, national defense construction and cutting-edge science and technology. According to the second paragraph of article 252 of the criminal law, whoever commits this crime 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.

6. The crime of illegally intruding into computer information system refers to the act of intruding into computer information system in the fields of state affairs, national defense construction and advanced science and technology in violation of state regulations. The object of this crime is the computer information system security of the important fields and key departments of the country. Computer information system is a man-machine system composed of computer and its related and supporting equipment and facilities (including network), which collects, processes, stores, transmits and searches information according to certain application goals and rules. With the development of computer technology and the popularization and application of computers, the use of computers in our country is becoming more and more extensive. Computer information systems have been widely established in the fields of national affairs management, national defense, economic construction and cutting-edge science and technology, especially in the fields of civil aviation, electric power, railway, banking or other economic management, government public and military command and control that are related to the national economy and people's livelihood Scientific research and other fields. Important departments of the country have generally established their own computer information systems. The normal operation of these computer information systems plays a very important role in ensuring national security, economic development and protecting people's lives and property. However, once these important computer information systems are illegally intruded, it may lead to the destruction of important data or the leakage of some important and sensitive information, which may not only proce a disastrous chain reaction in the system, but also cause serious political and economic losses, and even endanger the safety of people's lives and property. We must crack down on this kind of illegal intrusion into the important national computer information system. Objective elements of the crime of illegal invasion of computer information system this crime objectively shows that the perpetrator has violated the provisions of the state to invade the important computer information system of the state. Here, the so-called "violation of state regulations" refers to the violation of the regulations of the people's Republic of China on computer security protection. Article 4 of the Regulations stipulates that "the security protection of computer information system focuses on the protection of computer information system security in important fields such as state affairs, economic construction, national defense construction and cutting-edge science and technology. The object of this crime is the important national computer information system. The so-called "national important computer information system" refers to the computer information system in the fields of national affairs, national defense construction and cutting-edge science and technology. The so-called "intrusion" refers to the behavior of data interception by the person who intrudes into the important national computer information system through the computer terminal without the authorization or approval of the relevant competent department of the state. In practice, actors often use their computer knowledge and technology to obtain password or license by illegal means, then impersonate legitimate users to enter the important national computer information system, and some even connect their computers with the important national computer information system. The subject of this crime is the general subject. The subject of this crime often has quite high computer professional knowledge and skilled computer operation skills, some are computer programming personnel, some are computer management, operation, maintenance personnel. The subjective element of the crime of illegally invading computer information system is intentional. That is to say, the actor knows that his behavior in violation of national regulations will proce the harmful result of illegal intrusion into the important national computer information system, and hopes that this result will happen. It does not constitute this crime if it negligently intrudes into the important computer information system of the state. There are various motives and purposes for the perpetrator to carry out this crime, some out of curiosity, some for revenge, some to show off his talent, and so on. These have no effect on the constitution of a crime. Article 285 Whoever, in violation of the provisions of the state, intrudes into the computer information system 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. According to the provisions of article 285 of the criminal law, those who intentionally intrude into the computer information system in the fields of state affairs, national defense construction and cutting-edge science and technology in violation of state regulations shall be put on file. This crime is an act crime. As long as the perpetrator violates the state regulations and intentionally invades the computer information system in the fields of state affairs, national defense construction and cutting-edge science and technology, it constitutes a crime in principle and should be investigated.

7. No, the crime of destroying the computer information system. In a word, the crime of destroying the computer system security and information transmission security through the network. Only if the loss is caused, such as the loss of valuable computer data is large, this will result in criminal responsibility. If what you make is self replicating, you are a virus. If you want to go to jail like this, you want to burn incense. You have to pay attention

8.

Q: Hello, lawyers! The Public Security Bureau charged me with "the crime of illegally controlling computer information system". First of all, let me explain the process. Domestic buyers want to buy webshell, but I don't have the goods, but in order to earn a little pocket money, I find foreign sellers. It's cheap to sell abroad, which means that I've become a middleman in the middle, and I've made a little difference. Maybe the buyer was arrested, so I was also involved. I told the police officer at that time that I didn't illegally control the computer. Why is this charge? He said that this is only a charge for filing a case, and the court will determine the detailed charges at that time. From March to July last year, I made more than 20000 yuan, but I didn't do it in August. Then the police came to me in three years. I was still a junior when I was doing this. I didn't wear handcuffs or anything when I was looking for me. I was told to go and lie down with them. After 28 days in the detention center, I was rescued. After I came out, the police said that I would get my hard disk and mobile phone in two months. I've been very cooperative throughout this month. I don't know it's against the law. I'm a first offender. Some said probation, some said they might not prosecute me. I would like to ask you professionals, what crime does this case belong to? How would it be judged? I'm law blind. Thank you first! Hello, lawyers! The Public Security Bureau charged me with "the crime of illegally controlling computer information system". First of all, let me explain the process. Domestic buyers want to buy webshell, but I don't have the goods, but in order to earn a little pocket money, I find foreign sellers. It's cheap to sell abroad, which means that I've become a middleman in the middle, and I've made a little difference. Maybe the buyer was arrested, so I was also involved. I told the police officer at that time that I didn't illegally control the computer. Why is this charge? He said that this is only a charge for filing a case, and the court will determine the detailed charges at that time. From March to July last year, I made more than 20000 yuan, but I didn't do it in August. Then the police came to me in three years. I was still a junior when I was doing this. I didn't wear handcuffs or anything when I was looking for me. I was told to go and lie down with them. After 28 days in the detention center, I was rescued. After I came out, the police said that I would get my hard disk and mobile phone in two months. I've been very cooperative throughout this month. I don't know it's against the law. I'm a first offender. Some said probation, some said they might not prosecute me. I would like to ask you professionals, what crime does this case belong to? How would it be judged? I'm law blind. Thank you first

answer: Jun Tong Law online consultation answers for you

probation refers to a system in which a crime sentenced to a certain penalty is divided into two parts, and the original penalty is not carried out conditionally ring a certain test period when it has legal conditions< The application of probation must meet the following conditions:
1. The object of probation must be criminals who are sentenced to criminal detention or fixed-term imprisonment of less than three years. Criminals who are sentenced to fixed-term imprisonment of more than three years cannot be applied to probation because their crimes are serious and social harm is great, and they are not suitable for execution in society
2. The criminals who apply probation must have mild criminal circumstances, good penitence performance and no longer harm the society
3. According to the criminal law of our country, probation cannot be applied to recidivists. This is because recidivists are persistent in teaching, with deep subjective malignancy and great personal danger
If a suspended criminal is sentenced to an additional sentence in addition to the principal sentence, the additional sentence should still be executed without being affected by the suspension of the principal sentence
the probation period of probation refers to a certain period of time for the investigation of criminals who have been granted probation. The probation period of probation for criminal detention shall be not less than the original sentence but not less than one year, but not less than two months. The probation period for probation of fixed-term imprisonment shall be not less than the original sentence but not less than five years, but not less than one year

9. Whoever provides programs or tools specially used for invading or illegally controlling a computer information system, or knowingly provides programs or tools for another person who commits an illegal or criminal act of invading or illegally controlling a 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< If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of this paragraph.

10. 1. Illegal acquisition of computer information system data or illegal control of computer information system under one of the following circumstances is suspected of the crime of illegal intrusion into computer information system (1) obtaining more than 10 groups of identity authentication information of payment and settlement, securities trading, futures trading and other network financial services
(2) obtaining more than 500 groups of identity authentication information other than those in Item (1); and< (3) illegally controlling more than 20 computer information systems< (4) illegal gains of more than 5000 yuan or economic losses of more than 10000 yuan< (5) other serious circumstances< (1) the quantity or amount of the act reaches more than five times of the standard specified in items (1) to (4) of the preceding paragraph
(2) other serious circumstances
Whoever knowingly uses the control right of the computer information system illegally controlled by others shall be convicted and punished in accordance with the provisions of the preceding two paragraphs< Article 285 of the criminal law [crime of illegal intrusion into computer information system] Whoever, in violation of state regulations, intrudes into the computer information system 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.