New Book Recommendations
This book is a cybercrime casebook written by professional lawyers. The book is divided into nine chapters, involving more than ten crimes, dozens of cases, each case has a strong reference, refining the referee rules analysis, lawyer defense strategy, court decisions, relevant legal provisions, and other content, with similar cases, for the readers to present the crime under the case referee and defense of the whole picture. This book can be used as a reference book for lawyers' defense, and can also be used as a popular reading material for the public to understand cybercrime.
Foreword by Tian Wenchang
Tian Wenchang
Mr. Xu Wei started his career as a lawyer from King&Capital Law Firm. As a new lawyer, he has his own thinking and insights in the field of cybercrime, and he has been deeply engaged in the practice and legal research of cybercrime after handling cases, summarizing the adjudicative rules for handling cybercrime cases in a large number of judicial cases, and conducting a comprehensive analysis of the adjudicative rules. At the same time, he combined his case handling experience with more in-depth thinking on individual issues and wrote a number of professional articles. On such a basis, the book Case Studies on Cybercrime was formed.
Cybercrime is the focus of the judicial authorities in recent years to combat the object, its anonymity, cross-regional, highly technical and other characteristics, covering a variety of fields, to the judicial authorities to increase the difficulty of investigation and combating, but also for the defense of criminal lawyers has brought challenges. After reading through this book, I think this book has the following characteristics worthy of readers' attention: first, the research covers a wide range, this book on China's current cybercrime involved in the field of violating the security of the computer information system crime, networked traditional crime and information network to help criminal behavior of the three aspects of the crime are basically all research and analysis. Second, the rules of the analysis of practicality, the case analysis in this book is Xu Wei lawyer in the summary and refinement of judicial cases, judicial cases is an important reference for our lawyers to handle the case in the idea and method of refining the rules of adjudication in the case can be inspired for us to handle the case. Third, outside the case, the article also incorporates the unique thinking of Xu Wei lawyer. In the case analysis, in addition to the analysis of the rules of adjudication, Xu Wei lawyer also deliberately added the “defense strategy” plate, from the perspective of the defense to provide readers with ideas. In addition, at the end of some chapters, there is also an “extended reading” column, is Xu Wei lawyer on the crime involved in the professional issues of thinking and discussion. As a young lawyer, he is diligent in thinking, good at summarizing the advantages of let me feel gratified.
It can be seen that Mr. Xu Wei has put a lot of effort into his new work, and his passion and professionalism for criminal defense can be reflected in this book. In the developmental period when Chinese lawyers are maturing, it has always been my expectation for young lawyers to continuously strengthen their own professional skills. In my opinion, Mr. Xu Wei has done it. I hope that Mr. Xu Wei will continue to work hard, write more professional works, and contribute his experience and achievements without reservation to promote the development of criminal defense practice.
Preface by Xu Wei
This is my first book, I was hesitant to publish this book at first, because there are many books related to cybercrime cases on the market. However, with the increase of experience in cybercrime frontline defense over the years, I finally strengthened my determination to publish this book. First, because most of the published cybercrime case books are written by judicial organs or judicial staff, mainly used to charge the crime, and can be used for defense reference cases are less; second, because every year the number of people involved in cybercrime is only increasing, but some of the people are led astray due to the lack of knowledge of the crime, and this kind of people don't have a strong will to commit the crime, so there is a need to have an easy-to-understand case book for the general public to Understand the threshold of cybercrime and reduce the occurrence of such cases. Thirdly, in the process of handling cases on the front line, I found that there are indeed some legal issues that are more controversial, and I hope to draw attention to them by presenting them in the form of combing cases.
The process of preparing this book is very hard, I began to write is to help the information network criminal activity crime (referred to as “help the letter crime”) cases, help the letter of the crime of the case is very much, is the third largest crime in our country, second only to the crime of dangerous driving and theft, to help the letter of the crime of the case of non-prosecution has been organized by a lot of people and most of the cases are because of the circumstances of the slightest! No need to write a special case analysis, not guilty of the case I did not retrieve, so I can only go from the existing tens of thousands of cases to screen the valuable re-sentencing cases, with the help of software tools every day to look at 1,000 to help the letter of the crime of the case into a routine operation, and even then only screened out a small number of cases. Almost all of the cases in this book are generated in the context of such a selection.
I have a large number of cases to be handled every year, busy front-line work and great work pressure, so that most of the time I just want to be alone in my spare time, but every time the research results in the application of the case, the case of defense presents an effective result, can make me again full of energy to put in, in this kind of back and forth in the state of a total of four years.
This book is divided into nine chapters, involving more than ten crimes, dozens of cases, all the cases into the book have gone through several rounds of screening, and ultimately I finalized according to the controversial issues that I have encountered in recent years, the cases are more practical reference. Each case we distill the rules of adjudication for readers to understand the first time to enhance reading efficiency, and in the rules of analysis part of the basic analysis, each case is also set up a separate defense strategy board. It should be emphasized that the cases are screened from the public case library, most of them are re-sentencing cases, and acquittal cases are a minority, but still have reference value. From the sentencing point of view, reducing the sentence by one month is also meaningful, not only innocence is a victory. From the point of view of illegal income, it is also important to reduce the determination of illegal income, the current recovery of illegal income is not the same as in the past, and in the case of failure to surrender the full amount of illegal income, it will affect the person's sentence reduction. From the perspective of conviction, the idea of changing the defense of the quantity and amount of money involved, if applied to some cases with smaller quantities and amounts, when the amount or quantity is reduced due to the defense, the person concerned may be released because of failing to meet the incrimination standard. This is why the study of re-sentencing cases is so important.
I also attached an extended reading inside most of the chapters, this part is some of my case experience and thinking, for example, in a case of concealment and concealment of proceeds of crime, because of the jurisdictional issues raised at the stage of approval, the case authorities do not approve the arrest of the final case to achieve the effect of the withdrawal of the case.
In the process of completing this book, we have got a lot of support from colleagues, and also got a lot of advice and support from peers, once again, we would like to express our sincere thanks, due to the completion of the creation of the case, it is inevitable that there are omissions, and we welcome friends from all walks of life to criticize and correct us, and if you encounter any relevant practical problems, you are also welcome to communicate with us.
Book Features
First, the research covers a wide range. This book on China's current cybercrime involved in the field of infringement of computer information system security crimes, networked traditional crimes, information networks to help criminal behavior of the three aspects of the majority of the crimes contained in the research and analysis.
Secondly, the analysis of rules is practical. The author summarizes the adjudication rules for handling cybercrime cases in a large number of judicial cases, and analyzes and refines the adjudication rules comprehensively.
Third, the book incorporates the author's unique thinking. Each case analysis in the book “defense strategy” plate, are the author from their own practical experience, to provide readers with the defense of ideas; part of the end of the chapter has an “extended reading” column, recording the author of the crime involved in the professional issues of thinking and exploring. Exploration.
Table of Contents
Chapter I: Aiding Information Network Criminal Activity
I. Company Employees Constituting Different Offenses Due to Different Subjective Knowledge of Content
If the court of first instance fails to equalize the penalties for a joint crime, the court of second instance may change the sentence.
In the case of “helping the letter crime”, the defendant obtained the understanding of only one victim, and still could obtain a lighter punishment.
(iv) During the second trial, the person concerned may receive a suspended sentence if his family pays the fine in advance.
V. The role of audit reports in the crime of “helping the letter”.
Expanded reading
Internet data center (IDC) service provider operation of criminal risk analysis and standardize the operation of the proposal
Chapter II: The crime of opening a casino
I. How to Adopt the Defense Opinions of Changing the Sentence to Gambling in the Second Trial of the Crime of Opening a Casino
II. Organizing others to place online bets with personal accounts does not constitute the crime of opening a casino
C. Board game agent organizing others to gamble, software developer does not constitute the crime of opening a casino
Fourth, in the case of opening a casino on the Internet, it is not appropriate to directly use the incoming WeChat, Alipay and bank accounts involved in the case as the gambling money for opening a casino
V. The money bet for the test should be deducted from the gambling capital of the casino.
How to calculate the number of gamblers in the case of opening a casino on the Internet.
Whether the investor of a casino is the principal or accessory to the crime of opening a casino.
In the case of a casino offense, if the criminal act crosses March 1, 2021, it is possible to get a lighter sentence.
The distinction between principal offenders and those who play a relatively minor role in casinos should be noted.
X. In Casino Offenses, Eligible Heads of Private Enterprises May Receive Suspended Sentences
XI. Providing promotional services for gambling websites only can be recognized as an accessory.
XII. Low-level agents can be recognized as accomplices in agent-type network casino cases.
Extended Reading
001. The Determination of the Amount of Internet Gambling Funds - Thoughts on Two Casino Cases
002.Study on Series of Issues on Determination of Illegal Proceeds in Casino Opening Cases
003.Why Live Streaming Platforms Explode Frequently and Where to Go from Here
004. Online Game Operation Accidentally Becomes Casino Opening
Chapter III Other Crimes Against the Socialist Market Economic Order
I. If the perpetrator only knows that the software may be used for cybercrime, the perpetrator does not constitute the crime of fraud
II. In the crime of illegally absorbing public deposits, the technical person in charge of the P2P platform is not necessarily the main offender.
The provision of bank card information by “card merchants” for the purpose of helping payment and settlement does not constitute the crime of illegally providing credit card information.
Fourth, false brush, false recharge for gambling platform “money laundering” what constitutes a crime
Chapter IV crimes against citizens' personal information
I. Infringement of citizens' personal information crime, how to distinguish between transaction information and property information
Second, the crime of infringement of citizens' personal information, part of the enterprise legal representative information can be eliminated
III. Illegal collection of citizens' personal information for the purpose of lawful business operation may not be recognized as a particularly serious case.
False and invalid personal information in the crime of infringing citizens' personal information shall be excluded.
The standardized management documents of the enterprise can be used to prove that the criminal act is the personal behavior of the employee, and the unit does not have to bear criminal responsibility.
The perpetrator violated more than 1.85 million pieces of citizens' personal information and was given a lighter punishment for not causing serious harmful consequences.
Handling of personal information voluntarily provided by the right holder does not constitute a crime.
Cell phone number is not personal information under the criminal law.
Extended Reading
Recognition of Citizens' Personal Information in Criminal Justice - Taking Legal Representative Information as an Example
Chapter 5 Fraud
I. Telecommunications fraud team members are only liable for the amount of the crime for the part of the team participating in the crime
II. Inducing Others to Join a Fraudulent Communication Group May Not Constitute a Fraud Offense
III. The perpetrator's manipulation of gambling websites to win or lose may not constitute fraud
Fourth, providing accounts to others to help collect fraudulent funds may not constitute fraud
V. What attitude should the people's court adopt in disguising and concealing the proceeds of cybercrime for close relatives?
Sixth, the property involved in the seizure, there is still hope to get it back
Extended reading
001.Cross-Border E-Discovery and Data Sovereignty Issues - Taking the Guidance Cases of the Supreme People's Procuratorate as an Entry Point
002.Whether Illegal Proceeds Used for Live Streaming Rewards Should Be Criminally Recovered
Chapter 6 Crime of Damaging Computer Information System
I. Making plug-ins may not constitute the crime of damaging computer information systems
Invasion of Computer with Trojan Horse May Not Constitute the Crime of Damaging Computer Information System
Employing hackers to illegally obtain data, but the business is subcontracted, what crime does the subcontractor constitute?
Obtaining game coins through illegal technical means does not necessarily constitute the crime of damaging computer information system.
The “stolen” game coins of online game companies cannot be used to calculate economic losses.
In the crime of destroying computer information system, the public fans are not counted as system users.
Chapter VII provides intrusion, illegal control of computer information system program, tools crime
Does selling VPN software constitute a crime?
Second, the production and sale of online learning aid plug-in program, what constitutes a crime?
Chapter VIII: Profit-making Crime of Distributing Obscene Articles
I. Even if the number of obscene videos reaches the standard of particularly serious circumstances, it is still possible to be assessed as serious circumstances only.
The organization of online pornographic live broadcasting constitutes the crime of organizing obscene performances rather than the crime of distributing obscene articles for profit.
The promotion of an obscene video app by a channel operator does not constitute the crime of distributing obscene articles for profit.
How to calculate the “actual number of clicks” in the crime of distributing obscene materials for profit.
Expanded Reading
Electronic Data Authentication and Effective Defense
Chapter IX disguise, concealment of proceeds of crime, proceeds of crime crime crime
The provision of accounts to help “money laundering”, not necessarily established masking, concealment of proceeds of crime, proceeds of crime crime crime
Extended reading
Review of arrest, the jurisdiction of the concealed
Translated with DeepL.com (free version)
