(1) causing interruption of or serious obstruction to communications for fire, banditry, medical emergency, traffic accident alarm, disaster relief, rescue, flood control, etc., and thereby delaying rescue, treatment, disaster relief, rescue, etc., resulting in the death of one person, serious injury to more than three persons or causing property damage of more than three hundred thousand yuan;
(2) causing interruption of communications of more than two thousand but less than ten thousand subscribers for more than one hour, or more than ten thousand subscribers for more than one hour, or more than ten thousand subscribers for more than one hour, or more than ten thousand subscribers for more than one hour.
(3) Within a local network, the inter-network communication is completely blocked, the gateway bureau to a bureau is completely disrupted, or the inter-network service is completely disrupted for less than two hours, or the direct impact of the scope of less than 50,000 (users × hours);
(4) causing serious obstruction of inter-network communication, the cumulative total of more than two hours in one day is less than twelve hours;
(5) causing serious obstruction of inter-network communication, the total amount of time for more than two hours in one day is less than twelve hours. hours;
(e) other circumstances that jeopardize the safety of public ****.
Article 2: If the acts stipulated in Article 1 of this Interpretation are committed in one of the following circumstances, they shall be regarded as "serious consequences" as stipulated in Paragraph 1 of Article 124 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of seven years or more for the crime of destroying public telecommunication facilities:
(1) Causing a fire alarm, banditry alarm, medical emergency, traffic accident alarm, disaster relief, rescue, emergency relief, or traffic accident alarm, disaster relief, rescue, flood control and other communications interruption or serious obstacles, and thus delayed rescue, treatment, disaster relief, rescue, etc., resulting in the death of more than two people, serious injury to more than six people or property damage of more than 600,000 yuan;
(b) caused more than 10,000 users communication interruption for more than one hour;
(c) within the scope of a local network, the inter-network communication all blocked, (C) within a local network, the inter-network communication is completely blocked from the gateway bureau to a bureau or the inter-network service is completely blocked for more than two hours, or the direct impact range is more than 50,000 (users×hours);
(D) causing serious obstruction of inter-network communication for more than twelve hours in one day;
(E) causing other serious consequences.
Article 3 Intentionally destroying public telecommunication facilities in use has not yet jeopardized public **** safety, or intentionally destroying public telecommunication facilities not yet put into use, resulting in loss of property, which constitutes a crime, in accordance with the provisions of Article 275 of the Criminal Law, shall be convicted of and punished for the crime of intentionally destroying property.
Theft of public telecommunication facilities of small value, but constitutes a crime against public **** security, in accordance with the provisions of Article 124 of the Criminal Law shall be convicted and punished; the theft of public telecommunication facilities constitutes the crime of theft and the destruction of public telecommunication facilities at the same time, shall be convicted and punished in accordance with the provisions of the more severe penalties.
Article 4 directs, organizes and abets others to commit the intentional criminal acts stipulated in this explanation, and shall be convicted and punished in accordance with the provisions of the **** offender.
Article 5 The scope of public telecommunication facilities, the number of subscribers, the criteria and length of time for interruption and serious obstruction of communications as stipulated in this Interpretation shall be determined in accordance with the relevant regulations of the competent state telecommunication industry authorities.
The crime of destroying communication facilities refers to the act of destroying telecommunication facilities in use, endangering the safety of public **** and causing serious consequences. The object of its infringement is the radio and television facilities and public telecommunication facilities in use. The so-called serious consequences are not limited to causing serious injury or death or major damage to public or private property. Should be combined with the characteristics of the crime of destruction of communications facilities, comprehensive case circumstances, such as the nature of the destruction of communications equipment, the severity of the nature of the interruption of communications, the length of time, the impact of the surface as well as the direct result of the harm caused by a comprehensive consideration to determine.
I hope the above can help you, if you have other questions please consult a professional lawyer.
Legal basis: "the supreme people's court on the trial of criminal cases of destruction of public telecommunication facilities on the specific application of the law of the interpretation of the first
Using the interception of communication lines, destruction of communication equipment or deletion, modification, increase in the telecommunication network of the computer information system in the storage, processing or transmission of data and applications and other means, intentionally destroying the public telecommunication facilities in use, with one of the following circumstances. If any of the following circumstances applies, it is "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:
(1) Causing a fire alarm, banditry alarm, medical emergency, traffic accident, disaster relief, disaster rescue, emergency relief, traffic accident or other emergency. alarm, disaster relief, rescue, flood control and other communications interruption or serious obstacles, and thus delayed rescue, treatment, disaster relief, rescue, etc., resulting in the death of one person, serious injury to three or more or causing property damage of more than 300,000 yuan;
(2) causing more than 2,000 than less than 10,000 subscribers to interrupt the communication for more than one hour, or more than 10,000 subscribers to interrupt the communication for less than one hour;
(C) within a local network, the inter-network communication is completely blocked, the gateway bureau to a bureau to all interruptions or inter-network all interruptions of a service 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, the cumulative total of more than two hours in a day less than twelve hours;
(E) other endangerment of the security of the public ****** circumstances. circumstances.