Judicial Interpretation Of "Two High": Clear Legal Standard Applicable To Crimes Of Endangering Computer Information Security
The Supreme People's court and the Supreme People's Procuratorate jointly issued today's interpretation of several issues concerning the application of law to the criminal cases of endangering computer information system security, which have been implemented since September 1, 2011.
This judicial interpretation has further clarified the applicable standards of relevant criminal cases in light of the problems involved in the crime of computer information system security, such as conviction, sentencing standard, unit crime, joint crime and terminology definition.
There are eleven judicial interpretations. The main contents include: 1. Clear access to computer information illegally.
system data
、非法控制計(jì)算機(jī)信息系統(tǒng)罪，提供侵入、非法控制計(jì)算機(jī)信息系統(tǒng)程序、工具罪，破壞計(jì)算機(jī)信息系統(tǒng)罪等犯罪的定罪量刑標(biāo)準(zhǔn)；二是規(guī)定了對(duì)明知是非法獲取計(jì)算機(jī)信息系統(tǒng)數(shù)據(jù)犯罪所獲取的數(shù)據(jù)、非法控制計(jì)算機(jī)信息系統(tǒng)犯罪所獲取的計(jì)算機(jī)信息系統(tǒng)控制權(quán)，而予以轉(zhuǎn)移、收購(gòu)、代為銷售或者以其他方法掩飾、隱瞞的行為，以掩飾、隱瞞犯罪所得罪追究刑事責(zé)任；三是明確了對(duì)以單位名義或者單位形式實(shí)施危害計(jì)算機(jī)信息系統(tǒng)安全犯罪的行為，應(yīng)當(dāng)追究直接負(fù)責(zé)的主管人員和其他直接責(zé)任人員的刑事責(zé)任；四是規(guī)定了危害計(jì)算機(jī)信息系統(tǒng)安全共同犯罪的具體情形和處理原則；五是明確了“國(guó)家事務(wù)、國(guó)防建設(shè)、尖端科學(xué)技術(shù)領(lǐng)域的計(jì)算機(jī)信息系統(tǒng)”、“專門用于侵入、非法控制計(jì)算機(jī)信息系統(tǒng)的程序、工具”、“計(jì)算機(jī)病毒等破壞性程序”的具體范圍、認(rèn)定
The six is the definition of "computer information system", "computer system" and "identity authentication information".
"Economic loss"
The connotation and denotation of related terms.
According to reports, "two high" issued this judicial interpretation, aimed at increasing harm.
Computer information
The crackdown of system security crime will solve the difficult problems of law application for handling such criminal cases, so as to ensure the safety of computer information system and information security, and promote the healthy development of China's Internet.
This judicial interpretation is based on summing up judicial experience and based on the relevant provisions of the criminal law of China and the Standing Committee of the National People's Congress.
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