Standards for filing a case for aiding and abetting trust

On the basis of the relevant provisions of the Criminal Law of the People's Republic of China, it is necessary to bear criminal responsibility only if the circumstances reach the level of seriousness of the circumstances of providing assistance to others who clearly know that they are using information networks to commit crimes.

In accordance with relevant judicial interpretations.

Provide technical support for others to illegally use information network crimes.

and so forth, where the amount of the crime reaches five times or more than 10,000 RMB, and so forth, they shall be pursued for criminal responsibility. For the specific criteria of "serious circumstances", it is also necessary to refer to the relevant standards of judicial interpretations on the crime of illegal use of information networks.

According to Article 12 of the Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases such as Illegal Use of Information Networks and Aiding Criminal Activities on Information Networks, a crime is constituted only if the circumstances are serious.

Article 12: In any of the following circumstances, it shall be found that the "circumstances are serious" as provided for in paragraph 1 of Criminal Law article 287-2 where it is clearly known that others are using information networks to commit crimes, and providing assistance to them in committing crimes:

2) The payment and settlement amount is more than 200,000 yuan;

3) Providing funds of 50,000 RMB or more through means such as advertising;

4) Unlawful gains of 10,000 yuan or more;

5) Having previously received an administrative punishment within the last two years for illegally using information networks, aiding information network criminal activities, or endangering the security of computer information systems, and again aiding information network criminal activities;

6) The crime carried out by the target of the assistance caused serious consequences;

7) Other situations where the circumstances are serious.

Where the conduct provided for in the preceding paragraph is carried out, and it is truly impossible to verify whether the target of the assistance has reached the level of a crime due to objective constraints, but the total amount of the relevant amount reaches five times or more of the standards provided for in items (2) through (4) of the preceding paragraph, or causes especially serious consequences, the perpetrator shall be pursued for criminal responsibility for the crime of aiding information network criminal activities.

Criteria for filing a case for the crime of aiding information network hail criminal activities, (1) providing assistance to three or more targets; 2) The payment and settlement amount is more than 200,000 yuan; 3) Providing funds of 50,000 RMB or more through means such as advertising; 4) Unlawful gains of 10,000 yuan or more; 5) Having previously received an administrative punishment within the last two years for illegally using information networks, aiding information network criminal activities, or endangering the security of computer information systems, and again aiding information network criminal activities; 6) The crime carried out by the target of the assistance caused serious consequences; 7) Other situations where the circumstances are serious.

Legal basis: Article 287-2 of the Criminal Law of the People's Republic of China.

For the crime of aiding information network criminal activities, clearly knowing that others are using information networks to commit crimes, providing them with technical support such as internet access, server hosting, network storage, or communication transmission, or providing assistance such as advertising and promotion, payment and settlement, and the circumstances are serious, Chan Fan is to be sentenced to up to three years imprisonment or short-term detention and/or a fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the first paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Article 12 of the Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases such as Illegal Use of Information Networks and Aiding Criminal Activities on Information Networks.

In any of the following circumstances, it shall be found that the "circumstances are serious" as provided for in paragraph 1 of Criminal Law article 287-2 of Criminal Law, clearly knowing that others are using information networks to commit crimes, and providing assistance to them in committing crimes:

2) The payment and settlement amount is more than 200,000 yuan;

3) Providing funds of 50,000 RMB or more through means such as advertising;

4) Unlawful gains of 10,000 yuan or more;

5) Having previously received an administrative punishment within the last two years for illegally using information networks, aiding information network criminal activities, or endangering the security of computer information systems, and again aiding information network criminal activities;

6) The crime carried out by the target of the assistance caused serious consequences;

7) Other situations where the circumstances are serious.

Where the conduct provided for in the preceding paragraph is carried out, and it is truly impossible to verify whether the target of the assistance has reached the level of a crime due to objective constraints, but the total amount of the relevant amount reaches five times or more of the standards provided for in items (2) through (4) of the preceding paragraph, or causes especially serious consequences, the perpetrator shall be pursued for criminal responsibility for the crime of aiding information network criminal activities.

Clearly knowing that others are using information networks to commit crimes, providing them with technical support such as internet access, server hosting, network storage, or communication transmission, or providing assistance such as advertising and promotion, or payment segment settlement, where the circumstances are serious, it may constitute the crime of aiding information network criminal activities, and a case is to be filed and prosecuted.