Crime of destroying communication facilities
Chinese name
Crime of destroying communication facilities
Nature
Destruction of telecommunication facilities
Violation of objects
Broadcasting and television facilities, public telecommunication facilities are distinguished from the crime of intentional destruction of property,
Crime of destroying communication facilities refers to destruction of in-use Telecommunications facilities, endangering the safety of public **** behavior. The object of its violation is in use radio and television facilities, public telecommunication facilities. We should take care to distinguish it from the crimes of intentional destruction of property, theft and endangering public **** security by dangerous methods.
Article 124(1) of the Criminal Law: Anyone who destroys broadcasting and television facilities or public telecommunication facilities, endangering the safety of the public ****, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; or, if serious consequences result, shall be sentenced to fixed-term imprisonment of not less than seven years.
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Public Telecommunication Facilities
1. Announced by the Supreme People's Court on December 30, 2004
2. Implemented as of January 11, 2005 For the purpose of safeguarding the safety of public telecommunication facilities and the order of communication management, and punishing the criminal activities of destroying public telecommunication facilities according to law. In accordance with the relevant provisions of the Criminal Law, the following is an explanation of certain issues concerning the specific application of the law in the trial of such criminal cases:
Article 1 Any person who intentionally destroys a public telecommunication facility in use by means of cutting off a telecommunication line, destroying telecommunication equipment, or deleting, modifying, or adding to the data and application programs stored, processed, or transmitted by a computer information system of a telecommunication network under any one of the following circumstances is considered to be a public telecommunication facility in use. Endangering public ****security" as stipulated in Article 124 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years for the crime of destroying public telecommunication facilities in accordance with the provisions of the first paragraph of Article 124 of the Criminal Law:
(a) Causing interruption of or serious obstruction to the communication of fire alarms, banditry alarms, medical emergencies, traffic accidents alarms, disaster relief, emergency rescue, and flood control, and as a result, causing the communication of such Interruption or serious obstacles, and thus delayed rescue, treatment, disaster relief, rescue, etc., resulting in the death of one person, serious injury to more than three people, or causing property damage of more than 300,000 yuan;
(2) caused more than 2,000 more than less than 10,000 users of communication interruption for more than one hour, or 10,000 more than the interruption of communication less than an hour;
(3) within a local network, the net
(C) in a local network within the scope of the inter-network communication block, the gateway to a bureau to all interruptions or inter-network interruptions of a business less than two hours or the direct impact of the scope of less than 50,000 (users × hours);
(D) cause serious obstacles to inter-network communication, a total of more than two hours in one day less than twelve hours;
(E) other harm to the security of the public **** circumstances.
Article 2 The acts stipulated in Article 1 of this Interpretation are punishable by more than seven years of fixed-term imprisonment for the crime of destroying public telecommunication facilities if one of the following circumstances exists:
(1) causing fire, banditry, medical emergencies, traffic accidents, alarms, disaster relief, rescue, and emergency relief. alarm, disaster relief, rescue, flood control and other communications interruption or serious obstacles, and therefore delayed rescue, treatment, disaster relief, rescue, etc., resulting in the death of more than two people, serious injury to more than six people or cause property damage of more than 600,000 yuan;
(b) caused more than 10,000 users communication disruption for more than one hour;
(c) within the scope of a local network, the inter-network communication all blocked, (C) Within a local network, inter-network communications are completely blocked, interrupted from a gateway bureau to a bureau, or interrupted for more than two hours, or directly affecting more than 50,000 users;
(D) causing serious inter-network communications disruptions for more than twelve hours in a day;
(E) causing other serious consequences. Article 3 Intentionally destroying public telecommunication facilities in use has not yet jeopardized public **** security, or intentionally destroying public telecommunication facilities not yet put into use, resulting in loss of property, constituting a crime, in accordance with the provisions of Article 275 of the Criminal Law, convicted and punished for the crime of intentionally destroying property. Where the theft of a public telecommunication facility is of small value but constitutes a crime against public * * * security, the person shall be convicted and punished in accordance with the provisions of Article 124 of the Criminal Law; where the theft of a public telecommunication facility constitutes both a crime of theft and a crime of destroying a public telecommunication facility, the person shall be convicted and punished in accordance with the provisions of which the penalty is heavier. Article 4 Anyone who instructs, organizes or abets others to commit the intentional criminal acts stipulated in this Interpretation shall be convicted and punished in accordance with the provisions of the *** crime. Article 5 The scope of public telecommunication facilities, the number of users, the standard and length of time for interruption and serious obstruction of communications as stipulated in this explanation shall be determined in accordance with the relevant provisions of the competent state telecommunication industry authorities.