Investigating others' information privately infringes on others' privacy rights, which may seriously constitute the crime of illegally obtaining citizens' personal information. Whoever steals or illegally obtains citizens' personal information by other means, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined.
What are the constitutive elements of the crime of infringing citizens' personal information?
1, the object of infringement is the security of citizens' personal identity information and the order of citizenship management;
2. Objectively, the perpetrator collects citizens' personal information by means of stealing or purchasing, and the circumstances are serious;
3. The criminal subject is a general subject and can also constitute a unit;
Subjectively, the crime is intentional.
1. What is the crime of investigating other people's information without permission?
1. Investigating other people's information without permission infringes on others' privacy rights, which may seriously constitute the crime of illegally obtaining citizens' personal information.
2. What are the constitutive elements of the crime of infringing citizens' personal information?
The constitutive elements of the crime of infringing citizens' personal information are as follows:
1, the object of infringement: the security of citizens' personal identity information and the order of citizenship management.
2. Objectively, it shows that it is a serious act for the actor to collect citizens' personal information by stealing or buying.
3. Subject of the crime: both the general subject and the unit can constitute this crime.
4. Subjective aspect: intentional.
3. What are the personal information of citizens?
Personal information of citizens includes name, ID number, contact information, address, account password, property status, whereabouts, etc. Citizen's personal information refers to all kinds of information recorded by electronic or other means that can identify a specific natural person or reflect the activities of a specific natural person alone or in combination with other information.
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Legal basis:
One of the 253rd articles of the Criminal Law of People's Republic of China (PRC).
The crime of infringing citizens' personal information violates the relevant provisions of the state and sells or provides citizens' personal information to others. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever, in violation of the relevant provisions of the state, sells or provides others with personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph.
Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding three paragraphs.