How many years will you be sentenced to violating Article 286 of the Criminal Code?

The crime of destroying computer information systems and the crime of dereliction of duty in network services as provided for in Article 286 of the Criminal Law shall be punishable by fixed-term imprisonment of not more than five years or criminal detention; where the consequences are especially serious, the sentence is to be five or more years imprisonment.

Legal provisions: Article 286 of the Criminal Law [Crime of destroying computer information systems; Crime of dereliction of duty in network services] 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.

A sentence of up to five years imprisonment or short-term detention is to be given, and where the consequences are especially serious, a sentence of five or more years imprisonment is to be given.

Fraud. 1. The crime of conceptual fraud (Article 266 of the Criminal Law) refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.

2. The crime constitutes a fraudulent act that causes the other party to have a wrong understanding, and the other party's misunderstanding is caused by the actor's fraudulent conduct; Even if the other party made a certain error in the judgment of repentance, it does not prevent the establishment of fraud. Between the fraudulent act and the disposition of property by the other party, it is necessary to mediate the misunderstanding of the other party; If the other party disposes of the property without misunderstanding due to fraud, the crime of fraud is not established. The counterparty to the fraud only requires that the person who has the authority or status to dispose of the property be the owner or possessor of the property.

The act of obtaining property by the perpetrator by filing a civil lawsuit by providing false statements or presenting false evidence, so that the court can make a judgment in his favor, is called litigation fraud and establishes the crime of fraud. The establishment of the crime of fraud requires the victim to dispose of property after falling into a misunderstanding, and the disposition of property includes the act of disposition and the awareness of disposition. This requirement is made in order to distinguish between the offence of fraud and the offence of theft.

The disposition of property is manifested in the direct delivery of property, or the promise that the actor will acquire the property, or the promise to transfer property interests. Where the perpetrator commits fraudulent acts, causing others to abandon their property, and the perpetrator picks up the property, it shall also be punished as the crime of fraud. However, the act of throwing a metal piece similar to a coin into a vending machine in order to obtain the goods in the vending machine does not constitute the crime of fraud, but can only be established as the crime of theft.

After the fraudulent act causes the victim to dispose of the property, the perpetrator acquires the property, thereby causing damage to the victim's property, and according to the provisions of this article, the amount of public or private property defrauded is relatively large, and the crime is constituted. According to the relevant judicial interpretations, the amount of the crime of fraud is relatively large, with 2,000 yuan as the starting point. However, this does not mean that attempted fraud does not constitute a crime.

Where fraud is attempted and the circumstances are serious, it shall also be convicted and punished in accordance with law. What needs to be studied is whether the crime of fraud is established when the perpetrator uses fraudulent methods to defraud property, but at the same time pays for items of considerable value? Some people believe that the damage caused by the crime of fraud refers to the reduction of the victim's overall property, so the above-mentioned acts do not constitute the crime of fraud; Some people believe that it is the loss of the victim's individual property, so the above-mentioned acts are still established as the crime of fraud; It is also argued that the crime of fraud is an infringement of fiduciary honesty and does not require property damage.

We believe that the crime of fraud is a crime against individual property, not against property as a whole. Although the victim spent 30,000 yuan to buy 30,000 yuan of goods due to fraud, although the property as a whole was not damaged, from the perspective of individual property, if there was no fraud by the perpetrator, the victim would not have spent 30,000 yuan to buy the item, and spending 30,000 yuan would be the damage of individual property. Therefore, the use of fraudulent means to cause others to fall into a misunderstanding and obtain property by deception, even if a considerable value of goods is paid, it should be found to be the crime of fraud.

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Article 287-2 of the Criminal Law shall be sentenced to three years' imprisonment and/or a fine

Clearly knowing that others are using information networks to commit crimes, and providing them with technical support such as Internet bridge access, server hosting, network storage, or communication transmission, or providing assistance such as advertising and promotion, payment and settlement, and the circumstances are serious, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine.