Hacker Conviction Standard Determined: Theft 50 Group Of Internet Banking Password Highest 7 Years.
Yesterday, the Supreme People's court and the Supreme People's Procuratorate jointly issued the interpretation of several issues concerning the application of the law to deal with criminal cases endangering computer information system security.
The judicial interpretation stipulates that hackers obtain illegal payment settlement, securities trading, futures trading and so on.
Network finance
Information such as account numbers, passwords, passwords and other information of 10 or more groups, which can be sentenced to fixed-term imprisonment of not more than 3 years, shall obtain the above information. The group of 50 or more shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
- why judicial interpretation?
80% computer is controlled by hackers.
Responsible persons of high and high levels say that over the past 5 years, the number of viruses pmitted on the Internet has increased by more than 80% per year. On average, 8 of the 10 computers on the Internet have been controlled by hackers. The average number of hacking attacks related to public security organs has increased by 110% annually.
In order to meet the needs of judicial practice, the two high levels have formulated the judicial interpretation, which clearly endanger computer information.
system safety
The application of law in crime.
The criminal law amendment (seven), which was passed in 2009, has added the charges of illegally obtaining computer information system data, but the standard of sentencing related to offense is not clear.
- how does a hacker crime measure a sentence?
Illegal control of 20 computers for 3 years
The new judicial interpretation provides access to payment and settlement, securities trading, futures trading and other networks.
financial service
The number of accounts, passwords, passwords, digital certificates and other information is more than 10 groups; other groups such as accounts, passwords and other identity authentication information more than 500 groups; illegal control of computer information system more than 20; illegal income of more than 5000 yuan or cause economic losses of more than 10 thousand yuan, can be sentenced to 3 years imprisonment and other penalties.
If the above standard is more than 5 times, it shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
- how to measure sentencing of virus crime?
The highest number of 10 virus cases was 5 years.
Judicial interpretations also specify the criteria for making and disseminating computer viruses in different situations.
For example, the pmission of computer viruses through networks, documents, etc., has resulted in more than 20 computer systems being implanted into virus programs, providing more than 10 destructive procedures such as computer viruses, illegal income of more than 5000 yuan, or causing economic losses of more than 10 thousand yuan, and sentenced to 5 years or less.
If the quantity or amount reaches 5 times of the above standards, it shall be sentenced to fixed-term imprisonment of not less than 5 years.
In addition, if the functions, data or application procedures of computer information systems that provide public services to disrupt state organs or financial, telecommunications, pportation, education, medical, energy and other fields, causing serious damage to production or life or causing adverse social impacts, they should be identified as destroying computer information systems with "serious consequences" and sentenced to fixed-term imprisonment of not less than 5 years.
If a crime of endangering computer information system security is implemented in the name of a unit or in a unit, and the standard of conviction and sentencing is reached, criminal responsibility of directly responsible persons in charge and other persons directly responsible shall be investigated.
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- The Standard Of Hacker Conviction And Sentencing Has Been Determined.