What are the criminal law provisions of the types of cybercrime

The scope of application of the criminal law of cybercrime is mainly divided into two categories: First, the crime against the computer information system and the network is called "cybercrime", the computer information system and the network as the object of criminal behavior, such as hacking, spreading Trojan horse viruses, etc.;

The second is the use of computers and the network to commit other crimes called "cybercrime". Second, the use of computers and networks to implement other crimes called "network-related crime", computer information systems and networks as a tool for the implementation of illegal and criminal behavior, such as network fraud, network marketing, online gambling.

1, the penalty for cybercrime

According to the "Chinese people's *** and the Criminal Law" Article 285 violation of state regulations, invasion of state affairs, national defense construction, cutting-edge scientific and technological fields of computer information systems, shall be sentenced to less than three years of fixed-term imprisonment or detention.

Article 286 violates state regulations by deleting, modifying, adding to, or interfering with the functions of a computer information system, causing the computer information system to fail to operate normally, and the consequences of which are serious, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years.

If a person violates the state regulations by deleting, modifying or adding to the data and applications stored, processed or transmitted in a computer information system, and the consequences are serious, he or she shall be punished in accordance with the provisions of the preceding paragraph.

The intentional production and dissemination of computer viruses and other destructive programs, affecting the normal operation of computer systems, the consequences are serious, in accordance with the provisions of the first paragraph of the punishment.

2, the penalties for network-related crimes

According to the "Chinese People's **** and the Criminal Law" Article 287 of the use of computers to commit financial fraud, theft, embezzlement, misappropriation of public funds, theft of state secrets or other crimes, convicted and punished in accordance with the relevant provisions of this law.

Expanded Information

Methods to govern cybercrime

1, improve the legal basis for the governance of cybercrime. Throughout the world in the field of network security legislation, the use of criminal means to protect network security and regulate network order has become a development trend.

2, improve the law enforcement capacity of cybercrime management. In order to cope with the increasingly advanced means and diverse forms of cybercrime, it is necessary to continuously improve the ability to combat cybercrime, so that the mechanism, technology and skills of law enforcement agencies can adapt to the needs of cybercrime governance.

3.? Promote social participation in cybercrime governance. In the governance of cybercrime, the participation, assistance and cooperation of social forces are also very important.

To promote social cooperation and linkage in the governance of cybercrime in the new era, and strive to form a social defense and control mechanism with multi-party participation and collaborative ****winning, to further enhance the ability and level of preventing and combating cybercrime, and to form a social synergy in preventing cybercrime.

To improve the public's awareness and ability to prevent cybercrime, for the common types of cybercrime, the usual methods and dynamic features of multi-level, multi-angle publicity.

4, to strengthen international cooperation in cybercrime governance. From the point of view of technical realization, cybercrime cross-border and cross-region operation is very obvious, which not only brings great difficulty to the government supervision, but also to the relevant departments to track the clues and solve the cases.

China's People's Congress - Criminal Law of the People's Republic of China