2024/9/2 凌晨12:25
Criminal Law of the People's Republic of China
Whoever provides programs or tools designated for hacking into or unlawfully controlling computer
information systems, or knowingly provides programs or tools for another person to commit
a criminal or any other illegal act of hacking into or unlawfully controlling computer information
systems, if the circumstances are serious, shall be punished in accordance with the provisions in the
preceding paragraph.
An entity committing a crime as prescribed in the preceding three paragraphs shall be fined, and the
directly responsible persons in charge and other directly responsible persons shall be punished in
accordance with the provisions in the corresponding paragraph.
Article 286 Whoever, in violation of the state regulations, deletes, modifies, adds to, or interferes
with the functions of a computer information system, thereby causing the failure of the system, if the
consequences are serious, shall be sentenced to fixed-term imprisonment of not more than 5
years or short-term custody. If the consequences are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than 5 years.
Whoever, in violation of the state regulations, deletes, modifies, or adds to the data or application
programs stored or processed in, or transmitted via a computer information system, which causes
serious consequences, shall be punished in accordance with the provisions in the preceding
paragraph.
Whoever intentionally produces or spreads any computer virus or other harmful program, thereby
affecting the normal operation of a computer system, if the consequences are serious, shall be
punished in accordance with the provisions in the first paragraph.
An entity committing a crime as prescribed in the preceding three paragraphs shall be fined, and the
directly responsible persons in charge and other directly responsible persons shall be punished in
accordance with the provisions in the first paragraph.
Article 286a Where a network service provider fails to fulfill the information and network security
management obligations prescribed by laws and administrative regulations, and refuses to obey the
order to take corrective measures by the regulatory authorities, if there is any of the following
circumstances, the offender shall be sentenced to fixed-term imprisonment of not more than 3
years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be
sentenced to a fine only:
(1) causing the extensive spread of illegal information;
(2) causing the leakage of user information, which results in serious consequences;
(3) causing the loss of evidence in criminal cases, and where the circumstances are serious; or
(4) there being other serious circumstances.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the
directly responsible persons in charge and other directly responsible persons shall be punished in
accordance with the provisions in the preceding paragraph.
en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_13.htm
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