Communications in Humanities Research
- The Open Access Proceedings Series for Conferences
Communications in Humanities Research
Vol. 16, 28 November 2023
Open
Access | Article
An Analysis of Determining the Criteria for “Serious Circumstances” in the Criminal Offense of Unlawful Utilization of Digital Networks
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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”.
Keywords
digital network, internet crime, serious circumstances
References
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Data Availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
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- Volume Title
- Proceedings of the International Conference on Global Politics and Socio-Humanities
- ISBN (Print)
- 978-1-83558-165-0
- ISBN (Online)
- 978-1-83558-166-7
- Published Date
- 28 November 2023
- Series
- Communications in Humanities Research
- ISSN (Print)
- 2753-7064
- ISSN (Online)
- 2753-7072
- DOI
- 10.54254/2753-7064/16/20230426
- Copyright
- 28 November 2023
- Open Access
- This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited