How long will it take about 400,000 flowing water to make a profit from surrendering and confessing the penalty?

We all know that the current era is an era of high -speed development. People know more and more about online crimes in life. The crime of helping faith is a very serious thing. If more than 400,000 flowing water is less than 1,000, After surrendering and pleading guilty, the probability of strict ideological education will not be sentenced.
because we all know that our country is currently cracking down on telecommunications fraud crimes. If we have helped others obtain huge improper benefits, then it will also have a certain impact on our own life. It is likely to be identified as a deliberate non -prosecution that does not have a crime, and it may be very large, so we need to pay attention to the local police station to consult immediately after the incident. Only in this way can we lose our loss. drop to lowest.
We at the same time, we need to pay attention to the proper use of our credit card in daily life, because we all know that credit card stealing flowing water is a very serious thing. For our society, it will also have a very serious impact. I hope that everyone can refer to this 100 million credit card, which also has its strict use specifications. We all know that credit cards are generally used by me. If you use it, it is also a category of illegal crimes, but I hope everyone can know this.
The should be strictly standardized for the use of credit cards at the same time, because we all know that once the credit card is overdue, it will also generate huge amounts of penalties. I hope everyone can know this. We can know this. We can know this. We can know this. We can know this. We can know this. In daily life, we must learn to use our credit card standardized. At the same time, we must also learn to maintain our credit reporting in daily life. For the overdue of credit cards, we must resolutely eliminate it. If there is an overdue behavior, it must be To inform the bank in time, only in this way can we not get our credit.

[Crime of helping information network crime activities] Knowing that others use information networks to implement crimes, and provide technical support for Internet access, server custody, network storage, communication transmission, etc., or provide advertising promotion, payment settlement and other help. He is sentenced to imprisonment or detention for less than three years, and a fine or single fine. For the specific considerations such as confession attitude, it is recommended to handle the commissioned lawyer to meet in a timely manner.

I. Legal Article
The Article 287 2 [Help information network crime activities] Knowing that others use information networks to implement crimes, provide Internet access, server custody, network storage, communication transmission, etc. Technical support, or the help of advertising promotion, payment settlement, etc. If the circumstances are serious, they will be sentenced to imprisonment or detention of less than three years, and they will be fined or single.
For the first crime of the unit, the unit is sentenced to fines, and the person in charge and other direct responsible persons who are directly responsible for them shall be punished in accordance with the provisions of paragraphs.
The first two behaviors and other crimes shall be convicted and punished in accordance with the more severe punishment.
. Legislative background
With the rapid development of Internet technology and widespread application in various fields of economic and social life, the information network has become the main way and an important platform for social and economic life for information transmission and exchanges. Accompanied by the rapid development of information networks, some criminals have used the information network to implement crimes. Due to the characteristics of the Internet itself, compared with traditional crimes, online crimes have also shown many different characteristics. These different characteristics have also brought some challenges to the model of crime prosecution. To this end, it is necessary to timely study and adjust the punishment of criminal law in time according to the changes in the situation. Strategy. In practice, cyber crimes often have cross -regional and cross -domain integration information and resources to be used for crimes. Some crimes are based on the chain of interest, and gradually form a relatively complete industrial chain. The behavior of crime is divided into several links. It is completed by different personnel. In terms of the characteristics of the traditional co -crime; from the perspective of the organizational structure of the crime, the help behavior of cyber crimes has played a more and more decisive role in completing the crime. Measted, even exceeding the behavior. This method of using the Internet as a link and division of labor and the implementation of crimes greatly reduces the threshold and cost of cyber crimes. Taking the fishing website fraud as an example, from the domain name registration and the rent of the server, the production and promotion of the website, the stolen information of the other person's account, the information of the sale and stealing, the implementation of the fraud, the bank card, the withdrawal of the stolen money, etc. The implementation of people from different groups often do not know each other. This situation brings great difficulties to cracking down crimes according to law. On the one hand, the investigation and punishment cases have difficulty in investigation, difficulty obtaining evidence, and high crackdown costs. On the other hand, there are some different understanding in the application of law. For example, in accordance with the traditional identification of fraud, it is necessary to check the scam income, and the fraud criminal suspect and the victim should correspond to one one by one, but online fraud is often not a traditional "one -to -one", but "a pair of pair "Multi -pair more", the crime chain is more complicated, and the victims are also unsatisfactory. Sometimes it is difficult to find out all aspects of the case. In addition, although online fraud is often implemented by multiple people's division of labor, there are difficulties in accordance with the provisions of the criminal law of criminal law. If it is dealt with by co -crimes, it is generally necessary to find out that the joint crime of the helper needs Often they do not know each other and do not have a clear intention. If those who steal the personal information of citizens and sell their personal information, they do not know the person who purchase information from their hands to specifically implement criminal acts such as fraud, theft, or issue small advertisements. It is difficult to deal with fraud and theft. There are also some search engine companies, payment settlement platforms, Internet access service providers, etc., often evading laws on the grounds that others have committed crimes. At the same time, from the perspective of the social harm of behavior, many helpers of online fraud are the most benefited in the entire network crime chain, and the amount of crime in some cases is amazing.
The outstanding problems in practice, the Supreme People's Court and the Supreme People's Procuratorate have successively introduced the judicial interpretation, partly solved the conviction and quantification of the network help behavior. For example, the "Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on the Opinions of the Application of Laws for the Application of Laws for Cases of Online Gambling Crime Crime" stipulates that it is a gambling website, and it provides them with Internet access, server custody, network storage space, communications, communications, and communications. For services such as transmission channels, advertising, development members, software development, technical support, or help from fund payment settlement, advertising, etc., it is a common crime of opening a casino. In accordance with the provisions of Article 3003 of the Criminal Law, punishment is punished. Essence There are similar regulations in the judicial interpretation of online dissemination of obscene items and online fraud cases. Although these explanations have solved the qualitative issues of such behaviors, there are still some difficulties in the identification of specific crimes and the identification of the primary criminals. During the study and amendment of the Criminal Law Amendment (9), the relevant parties suggested that in the criminal law, specifically regulations on various cyber crimes. After research, this article was added to the amendments to the Criminal Law (9) to more accurately and effectively crack down on various network criminal help behaviors, protect the personal rights of citizens, property rights, and social public interests, safeguard the order of information network, protect the information network health develop.
three, provisions interpretation
The article is divided into three models.
The first paragraph is about how to provide conviction and punishment for the implementation of cyber crimes for others. According to the provisions of the first paragraph, the following conditions should be possessed: 1. The actor knows the subjectively knowing that others use the Internet to implement the crime. If the perpetrators are unaware of the products and services provided by others, they cannot investigate criminal responsibility in accordance with the provisions of this paragraph. In judicial practice, whether the actor is subjectively "knowing", it can combine evidence such as the cognitive situation of the actual activities of others, the situation of the exchanges, the situation of contact, the situation of charging costs, etc., and comprehensively review and judge. (Pick off: The Explanation of the Supreme People's Court, the Supreme People's Court, the Supreme People's Procuratorate on handling criminal cases such as illegal use of information networks and helping information network criminal activities such as illegal use of information networks and helping information network criminal activities "stipulated: Provide technical support or help for others to implement crimes. If one of the following circumstances, it can be determined that the perpetrator knows that others use the information network to implement crimes, except for the opposite evidence: (1) If the regulatory authorities are notified, they still implement relevant behaviors; (2) Those who do not fulfill their legal management duties after receiving the report; (3) the transaction price or method is obviously abnormal; (4) providing procedures, tools or other technical support and help for illegal crimes; (5) frequently adopt frequent adoption Measures such as concealed access to the Internet, encrypted communication, destroying data or using false identities, evading supervision or avoiding investigations; (6) Those who provide technical support and help for others to evade supervision or avoid surveys; To. For example, the "Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on the Opinions of the Application of Laws for the Application of Laws for Online Gambling Crime Crime" stipulates that the actor still implements helping the behavior after receiving the written and other methods of the administrative authority;提供互联网接入、服务器托管、网络存储空间、通讯传输通道、投放广告、软件开发、技术支持、资金支付结算等服务,收取服务费明显异常的;在执法人员调查时,通过销毁、修改数据、 If the ledger and other methods deliberately avoid investigations or report to the suspect, and have other proofs that the actor knows the subject, they can determine the subjective conditions of the perpetrator that meet the "knowing".
2. The perpetrator implemented an act to help others use the information network to implement crimes. According to the provisions of this paragraph, the main forms of helping behaviors are mainly in the following forms: (1) Provide Internet crimes with Internet crimes, server hosting, network storage, communication transmission and other technical support for others. Among them, "Internet access" refers to a channel for providing people accessing the Internet or publishing information on the Internet. At present, the commonly used Internet access services include telephone line dial -up access, ADSL access, optical fiber broadband access, and wireless networks. Only by connecting to Internet service providers through these specific communication lines and enjoying the Internet access and information services it provided, can they connect to use the Internet or establish a server to publish messages. This provision is mainly aimed at Internet access service providers. If they know that others use their access services to implement crimes, they will continue to use the other party to use it. "Server hosting" refers to the server and related device hosted to the computer room with special data centers. The hosting server is generally maintained by the client by remotely, and the computer room is responsible for providing a physical environment such as stable power, bandwidth, temperature and humidity. "Network Storage" usually refers to the carrier space of the network storage and management data, such as the commonly used Baidu network disk and QQ transit station. "Communication transmission" refers to the channel transmission between users. For example, a VOIP phone commonly used by criminals in telecommunications fraud crimes, this technology can transmit voice signals through the Internet and transmit them through the Internet. Another commonly used communication transmission channel is VPN (virtual special network), which can establish special networks on the public network for encrypted communication. At present, many online criminal suspects use VPN technology to hide their true position. In addition, in addition to the above -mentioned clearly listed technical support, the common way of providing technical support for others to provide network crimes also sells gambling website code to provide free killing services for viruses and Trojans. Make special Trojan procedures and provide technical support for the establishment of fishing websites. (2) Provide advertising promotion for others using information networks. The advertising promotion here includes two situations, one is to advertise and pull customers for people who use the Internet to implement crimes. Another situation is to pull advertising customers for criminal websites set up for others to help the criminal website get advertising income to support the operation of criminal websites. Camping such behavior is conducive to cutting off the source of income from criminal websites. (3) Provide payment settlement for others to use information networks to implement crimes. From the perspective of practice, most of the cyber crimes are to obtain economic benefits directly or indirectly. Due to the characteristics of the network itself, the criminal actor of the network must eventually obtain criminal returns, and often needs to use various online payment settlement service providers such as third -party payment to complete activities such as receipt, transfer, and cash withdrawal. In practice, there are even some personnel who provide help for online fraud groups to help collect payment, transfer, settlement, and cash extraction services. Criminal Law Amendment (9) Increase providing "payment settlement help" for the use of information networks for others to use information networks, which is aimed at this situation. This provision is conducive to the flow of funds that cut off network crimes.
If according to the provisions of the first paragraph, knowing that others use the information network to commit crimes, and provide them with "serious circumstances", constitute a crime. The serious determination of the circumstances can mainly combine the nature and consequences of the specific cyber crime that the actor's help. Its help acts in the actual role of helping the behavior in related network crimes, and the amount of illegal profits of the behavior. (Pick off: The Explanation of the Supreme People's Court, the Supreme People's Court, the Supreme People's Procuratorate on handling criminal cases such as illegal use of information networks and helping information network criminal activities such as illegal use of information networks and helping information network criminal activities "provided: 12 provisions: Knowing that others use the information network to implement crimes and provide help for their crimes, if they have one of the following circumstances, they should be identified as the "serious plot" stipulated in Article 287 of the Criminal Law: (1) as three as three as three. The above objects can help; (2) the payment settlement amount is more than 200,000 yuan; (3) provides more than 50,000 yuan in the form of advertising; (4) During the year, he had been punished by administrative penalties for illegal use of information networks, helping information network criminal activities, harmful computer information system security, and helping information network criminal activities. Severe situations. Implementation of behavior specified in the preceding paragraph cannot be verified whether the help target has reached the crime due to objective conditions, but the total amount reaches the total amount of the second to fourth item of the preceding paragraph, or it will cause special special standards, or cause special special In case of serious consequences, the criminal responsibility of the crime of helping the information network criminal activity should be held. In addition, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security in 2020 "Meeting on the Conference Relevant Conference Related to the" Broken Card "Action" There are also relevant regulations).
The second paragraph is the provisions of unit crimes. From the perspective of the situation, many of the sins are some companies and companies that provide Internet services. They are implemented in order to obtain illegal interests. To this end, this article has stipulated the unit crime. According to the provisions of the second paragraph of this article, if the crime stipulated in the first paragraph of the unit shall be punished by the unit, and the person in charge and other direct responsible persons who are directly responsible will be punished in accordance with the provisions of the first paragraph, that is, it shall be under three years of less than three years. The imprisonment or detention is fined or a single fine.
II, paragraph 3 of this paragraph, is the provisions of the crime stipulated in this article, and at the same time constitutes other crimes, how to conviction and punishment. According to the relevant provisions of the Criminal Law, the actor's behavior to help others implement cyber crimes may constitute a criminal of crimes; at the same time, help behaviors such as technical support, advertising promotion or payment settlement may also constitute Article 285 of the Criminal Law provided by Article 285 Invasion, illegal control of computer information system procedures, tool crimes, and artificial crimes of 191 money laundering. To this end, the third paragraph of this paragraph shall make provisions on how to apply the law in this case. If there is the first two acts, and at the same time, if other crimes are constituted, the conviction and punishment shall be determined in accordance with the more severe punishment. For example, the "Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on Criminal Cases of Criminal Cases of Telecommunications Network Fraud", the third, (7) provisions of the criminal law shall be implemented. Acts stipulated in Article 287, which constitutes the crime of illegal use of information networks and helping information network crime activities, and at the same time constitutes a crime of fraud shall be convicted and punished in accordance with the more severe punishment.
. Relevant regulations
"The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security on the Opinions on the Application of Laws for the Application of Laws in the Crime Crime Crime Crime Crime"; Opinions of applying several legal issues ";" Supreme People's Court, Supreme People's Procuratorate's Supplementary Provisions on the Implementation of the Criminal Law of the People's Republic of China (6) "; An interpretation of criminal cases such as information network criminal activities ".