An Analysis of Determining the Criteria for “Serious Circumstances” in the Criminal Offense of Unlawful Utilization of Digital Networks
Abstract
The establishment of the criminal offense of unlawful utilization of digital networks provides a legal foundation for combating the dissemination of illegal and criminal information through online platforms. The concept of “serious circumstances” plays a critical role in this crime. The 2019 Interpretation of Several Issues introduced detailed regulations on “serious circumstances”, presenting a quantifiable standard for determining this offense. However, in practical judicial proceedings, there are still issues regarding the determination of the criminal offense of unlawful utilization of digital networks, including a low conviction threshold, broad scope of conviction, and ambiguous penalty standards. Consequently, it is necessary to adjust the quantitative standard for “serious circumstances”, raise the threshold for criminalization, expand the types of “serious circumstances”, restrict the applicability of the “serious circumstances” clause, and refine the penalty criteria for this offense. By accurately defining “serious circumstances” to reduce the risk of becoming a “pocket crime”.
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