Explanation of the use of information networks handle criminal cases of slander and other applicable laws of a number of issues

Date:2013年12月20日 15:33

Supreme People's Republic of China

PRC Supreme People's Procuratorate

Announcement

"Explains the Supreme People's Procuratorate on criminal cases handled using information networks such as the applicable law of slander Issues " was September 5, 2013 by the first 1589 meeting of the Judicial Committee of the Supreme People's Court , September 2, 2013 by the 9th meeting of the Supreme People 's Procuratorate of the Twelfth procuratorial committee , is hereby promulgated and shall from September 10, 2013 .

Supreme People's Court Supreme People's Procuratorate

September 6, 2013

For the protection of citizens , legal persons and the legitimate interests of other organizations , to maintain social order , according to the " National People's Congress Standing Committee decided to " Criminal Law " on safeguarding Internet security " and other regulations on the use of information handling network implementation libel , disturb several issues extortion, illegal business , such as the applicable law in criminal cases are explained as follows :

The first of the following circumstances shall be identified as specified in the first paragraph deemed to have committed forty-six " fabricating facts to slander others" :

( A ) the fact that others fabricated libelous , scattered on the information network, or organization that directs staff on the spread of information networks ;

(B ) the content of the original information of others involved in the information network on the fact that tampering is libelous others scattered on the information network , or organization , directs staff on the spread of information networks ;

Knowing the truth libelous fabrications , scattered on the information network , vile , with " fabricating facts to slander others " theory .

The second use of information networks to slander others , have one of the following circumstances, shall be determined as specified in the first paragraph forty-six deemed to have committed " serious circumstances " :

( A ) the same information is actually clicked defamation , Views over five thousand times , or is forwarded more than five hundred times the number of times ;

(B ) cause the victim or his close relatives mental disorders, self-mutilation , suicide and other serious consequences ;

But had received administrative punishment for defamation (c ) two years , and slander of others ;

(4) other serious circumstances .

Article use of information networks to slander others , has one of the following circumstances, should be recognized as " serious harm to social order and national interest" deemed to have committed forty-six paragraph 2 :

( A ) lead to mass events ;

(B ) lead to public disorder in ;

(C ) lead to ethnic and religious conflict ;

(Iv ) libel people , causing adverse social impacts ;

(E ) damage the country's image , serious harm to the national interest ;

( Vi) the adverse impact of international ;

(7) other serious harm social order and national interests situation.

The fourth year of repeatedly using information networks to slander others behavior untreated , defamatory information actually click , browse, calculate the cumulative number forwarded to constitute a crime , shall be convicted and punished according to the law .

Article information networks abusive, threatening to others, vile and undermine social order, in accordance with the provisions of Article 93, deemed to have committed paragraph ( b) , in order to disturb convicted and punished .

Fabricating false information or knowingly false information fabricated in the spread of information networks , or organization , directs staff on the spread of information networks , creating disturbances , causing serious disruption of public order , in accordance deemed to have committed 93, subsection (d ) of this paragraph, to disturb convicted and punished .

Article published in the information network , delete , etc. processing network information , citing threats, blackmail others to obtain public and private property , the amount of large or multiple implementation of the above acts , in accordance deemed to have committed the seventy-four provisions to extortion convicted and punished .

Article VII violation of state regulations , for-profit , paid to provide information services through information networks delete , or knowingly false information, publish paid to provide information and other services through information networks , disrupted the market order , with one of the following circumstances, illegal business practices , " the circumstances are serious ," according to deemed to have committed twenty-five (d ) of this paragraph, convicted and punished for illegal operations :

( A ) Individual illegal business volume in more than 50,000 yuan , or amount of illegal gains of more than twenty thousand yuan ;

(B ) the amount of illegal business units more than RMB 150,000 , or the amount of illegal gains of more than 50,000 yuan .

Acts performed in the preceding paragraph , the amount reached more than five times the amount in the preceding paragraph , it shall be deemed to have committed 25 of the identified as a " particularly serious ."

Article VIII knowingly using information networks of slander others , disturb , extortion, illegal business , such as crime , to provide funds , options, technical support and other assistance to the common criminalized .

Article IX using information networks of slander , disturb , extortion, illegal business crimes , which also constitutes damage to business reputation, product reputation crimes deemed to have committed 121 of the second Article 278 stipulated incitement crime of violence to resist the implementation of the law , the provisions of Article 291 of the fabricated , deliberately spreading false terrorist information crime and other crimes , according to a heavier penalty be convicted and punished .

Article 10 The interpretation of the alleged information network , including computers , televisions, fixed telephones, mobile telephones and other electronic equipment for the terminal computer internet , radio networks , fixed communication network , mobile communications network and other information networks , as well as to open to the public LAN .

TypeInfo: The new law Courier

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