In China, how to sentence a 16 year old hacker for breaking the law

The 16-year-old is criminally liable for all crimes, including theft. Theft is generally limited to less than 3 years, controlled release or criminal detention, conviction and punishment, but if the amount is more than 100,000 yuan, the amount is particularly huge, and may be sentenced to more than 10 years with or without a term of imprisonment. Bringing money into one's own control, bringing the money out of the owner's control, has been achieved.

What is advantageous now is that: First, the criminal suspect is a juvenile, and the punishment should be commuted or waived, and it is estimated that the exemption is impossible, and the mitigation is still possible. Second, if there is no loss, it can be used as a sentencing circumstance, and the following points can be asserted to see if it can help him get rid of the crime and be punished as a general public security case:

The student, through the Internet, can claim that there is no intention of illegal possession, but just a child's prank, because, if you want to illegally take possession, after getting money from someone else's account to your own account, you will either take it out for consumption or shop online, but he has not done both, judging from the amount, this figure is not suitable for the student's cognitive situation, and he may not even know what the concept of millions of dollars is and what it can be used for. So, in all respects, the student supervisor was trying to show himself and not to take possession of the money. Therefore, the student has no subjective intent to commit a crime and should not be treated as a crime.

It can only be handled as a general public order case. (This paragraph is only raised from the perspective of defense, and whether it will be determined by the judicial authorities depends on how it will be determined).

Generally, it starts in 3 years, and fines are paid and less than 18 can be measured.

Hackers are punishable by up to three years imprisonment or criminal detention. Where hackers violate state regulations by deleting, modifying, or adding to data or applications stored, processed, or transmitted in computer information systems, and the consequences are serious, punishment is to be given in accordance with the provisions of the preceding paragraph. Where computer viruses or other destructive programs are intentionally produced or disseminated, impacting the normal operation of computer systems, and the consequences are serious, punishment is to be given in accordance with the provisions of the first paragraph.

Legal basis: "Criminal Law of the People's Republic of China" Article 285 Whoever violates state regulations by intruding into computer information systems in the fields of state affairs, national defense construction, or cutting-edge science and technology shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention. Where state provisions are violated by invading computer information systems other than those provided for in the preceding paragraph or employing other technical means to obtain data stored, processed, or transmitted in that computer information system, or by illegally controlling the computer information system, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where programs or tools are provided specifically for the purpose of invading or illegally controlling computer information systems, or providing programs or tools to others while clearly knowing that they are committing illegal or criminal acts of invading or illegally controlling computer information systems, and the circumstances are serious, punishment is to be given in accordance with the provisions of the preceding paragraph. Where a unit commits the crimes in the preceding three paragraphs, 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 those paragraphs.

For ordinary people, hackers seem to be far away and have little to do with their own lives. But in Internet companies, hackers are one of the most headaches for them, not only attacking vulnerabilities but also spreading information, so how can hackers be sentenced? I've put together the following to answer your questions, and I hope it will be helpful to you.

How hackers are sentenced

1. How to sentence hackers

Article 285 of the Criminal Law stipulates that anyone who violates state regulations by intruding into 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.

China was one of the first countries in the world to criminalize hackers. The events that have taken place in the world in recent years have proved that China's laws against hackers are correct. In foreign countries, due to the increasing frequency of hacker attacks, many countries oppose hackers, and the call for legislation to sanction hackers is getting louder and louder.

According to reports, there are about 200,000 publicly declared hacking sites on the Internet, and hacker intrusion attacks occur every 20 seconds; According to the People's Public Security Daily, in 1999, NASA was attacked by hackers every 63 seconds. If you don't crack down on hacking, you're letting it attack.

The promulgation of China's new criminal law has played a great role in cracking down on hackers and ensuring network security. In the past, there were also sites claiming to be hackers in China, but after the promulgation of the new criminal law, they gradually disappeared. Some of those who had planned to call themselves hackers in order to make a name for themselves in the field of computer security have changed their minds and contacted the public security organs, stating that they would change their careers in computer security services.

2. What are the reasons why hackers usually launch large-scale attacks?

The main reason for hackers to launch this type of attack is to get money. Now, personal information can be peddled on the black market. For example, a user's credit card number can be sold for $5 to $50 each, while a user's record (name, phone number, email, address) can be sold for $3.

So, if a hacker successfully attacks a large consumer product company, they can reap a lot of monetary benefits.

Last year, for example, the U.S. distribution chain giant Target was attacked by hackers, and the hackers made a whopping $50 million in profits.

In addition, some hackers launch attacks that are simply related to hacktivism or ideology. For example, some hackers steal data from companies and attack companies by name publicly, simply because the hackers themselves don't agree with some of the company's practices.

Although China has carried out a lot of legislative work in the field of computer law, and has initially formed a legal system for computer security belonging to China, as far as the current law is concerned, there are some loopholes, and there are still some questions that need to be further studied.

If a malicious attack is carried out on a computer system and the computer system is damaged, it may constitute a crime. Imitation wheels are stupid.

Legal basis: Article 286 of the Criminal Law of the People's Republic of China: Where state provisions are violated by deleting, modifying, adding, or interfering with the functions of computer information systems, causing the computer information systems to fail to operate normally, and the consequences are serious, a sentence of up to five years imprisonment or short-term detention is to be given; where the consequences are especially serious, the sentence is to be five or more years imprisonment.

Where state provisions are violated by deleting, modifying, or adding to data or applications stored, processed, or transmitted in computer information systems, and the consequences are serious, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where computer viruses or other destructive programs are intentionally created or disseminated, impacting the normal operation of computer systems, and the consequences are serious, punishment is to be given in accordance with the provisions of the first paragraph.

Where a unit commits the crimes in the preceding three paragraphs, 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.