Three Authorities Issue Opinions to Combat Assistance in Cybercrimes

The Supreme People's Court (SPC) and two other departments have jointly released the Opinions on Relevant Issues Concerning the Handling of Criminal Cases Involving Assistance in Cybercrimes (the "Opinions").

The Opinions, consisting of 16 articles in five parts, set forth comprehensive and systematic provisions on key issues in handling the crimes of assisting in cybercrime and related crimes, which cover general requirements, legal determination of the crimes of assisting in cybercrime, proper application of criminal justice policies, and integrated governance. The Opinions mainly involve the following contents and features: (1) adhering to a problem-oriented approach to address the challenges in practice; (2) adhering to all-round determination to avoid convictions based solely on objective facts; (3) adhering to strict standards to stress effective punishment; (4) adhering to a combination of leniency with severity to highlight the key targets in law enforcement; and (5) adhering to systematic governance to enhance coordination between administrative and criminal procedures. To better respond to the evolving situation of crimes involving "two cards" (i.e., SIM cards and bank cards), the Opinions adjust and integrate the standards for determining "serious circumstances" as previously stipulated in the Opinions on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Telemarketing Fraud (II) and relevant meeting minutes, thereby unifying the standards of adjudication.



(Source: https://www.court.gov.cn/zixun/xiangqing/472121.html)

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