What are the penalties for illegally accessing other people's computer networks and electronic devices?
(Baonghean.vn) - My nephew has just been prosecuted for illegally accessing other people's computer networks, telecommunications networks, and electronic devices. What are the penalties for this crime? This is a concern of Mrs. NTH in Nghi Loc.
Reply:
Article 289 of the 2015 Penal Code stipulates the crime of illegally accessing another person's computer network, telecommunications network or electronic means, as follows:
1. Anyone who intentionally bypasses warnings, access codes, firewalls, uses other people's administrative rights or by other means illegally accesses another person's computer network, telecommunications network or electronic means to take control; interferes with the functioning of electronic means; steals, changes, destroys, falsifies data or illegally uses services, shall be subject to a fine of from 50,000,000 to 300,000,000 VND or imprisonment from 01 year to 05 years.
2. Committing a crime in one of the following cases shall be subject to a fine of from 300,000,000 to 1,000,000,000 VND or imprisonment from 03 to 07 years:
a) Organized;
b) Abusing position and power;
c) Illegal profits from VND 200,000,000 to under VND 500,000,000;
d) Causing damage from 300,000,000 VND to under 1,000,000,000 VND;
d) For national Internet exchange stations, domain name database systems and national domain name server systems;
e) Dangerous recidivism.
3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 to 12 years:
a) For data systems containing state secrets; information systems serving national defense and security;
b) For national information infrastructure; national power grid management information system; financial and banking information system; traffic control information system;
c) Illegal profits of VND 500,000,000 or more;
d) Causing damage of VND 1,000,000,000 or more.
4. The offender may also be fined from VND 5,000,000 to VND 50,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
Thus, the crime of illegally accessing another person's computer network, telecommunications network or electronic device has 3 penalty levels. Depending on the severity of the crime, the penalty can be a minimum of 1 year in prison and a maximum of 12 years.
