How is the crime of distributing harmful computer programs handled?
(Baonghean.vn) - How is the dissemination of computer programs that harm computer networks and telecommunications networks handled criminally? This is a matter of concern for Mr. DTL in Vinh city.
Article 286 of the 2015 Penal Code stipulates the crime of disseminating computer programs that harm the operation of computer networks, telecommunications networks, and electronic devices, as follows:
1. Anyone who intentionally disseminates a computer program that is harmful to a computer network, telecommunications network, or electronic device in one of the following cases shall be subject to a fine of VND 50,000,000 to VND 200,000,000, non-custodial reform for up to 03 years, or imprisonment of 06 months to 03 years:
a) Illegal profits from 50,000,000 VND to under 200,000,000 VND;
b) Causing damage from 50,000,000 VND to under 300,000,000 VND;
c) Infecting from 50 to less than 200 electronic devices or information systems with from 50 to less than 200 users;
d) Having been administratively sanctioned for this act or having been convicted of this crime, not having had the criminal record expunged, and still committing the violation.
2. Committing a crime in one of the following cases shall be subject to a fine of from VND 200,000,000 to VND 500,000,000 or imprisonment from 03 to 07 years:
a) Organized;
b) Illegal profits from 200,000,000 to under 500,000,000 VND;
c) Causing damage from 300,000,000 to under 1,000,000,000 VND;
d) Infecting from 200 to less than 500 electronic devices or information systems with from 200 to less than 500 users;
d) 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;
d) Infecting 500 or more electronic devices or information systems with 500 or more users.
4. The offender may also be fined from 30,000,000 to 200,000,000 VND, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
