The Supreme People's Court issued the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Fabricating and Deliberately Spreading False Terrorist Information (hereinafter referred to as the Interpretation), which concentrated on six main contents. It is reported that the judicial interpretation will be implemented on September 30, 20 13.
Define the scope of "false terrorist information"
Article 6 of the Interpretation stipulates that "false terrorist information" refers to untrue information with explosion threats, biochemical threats, radiation threats, aircraft hijacking threats, major disasters, major epidemics, etc., which may cause social panic or public security crisis.
Criteria for determining the crime of fabricating and intentionally spreading false terrorist information
Article 1 of the Interpretation further clarifies the criteria for determining the crime of fabricating and intentionally spreading false terrorist information as stipulated in Article 29 1 of the Criminal Law.
(1) The act of fabricating, spreading or letting terrorist information spread, which seriously disturbs social order, shall be deemed as the crime of fabricating false terrorist information. In judicial practice, perpetrators often spread false terrorist information. Some perpetrators make up false terrorist information and let others spread it even if they don't spread it themselves. Therefore, as long as the fabricated false terrorist information is actually disseminated and seriously disturbs social order, regardless of whether it is disseminated by itself, the fabricator should be investigated for criminal responsibility according to law. If the perpetrator fabricates false terrorist information and takes timely measures to effectively prevent the spread of fabricated false terrorist information and does not disturb social order, it will not be treated as a crime.
(2) knowingly spreading terrorist information and seriously disturbing social order, which is fabricated by others, shall be deemed as the crime of deliberately spreading false terrorist information. Deliberately spreading false terrorist information is the key to causing serious social consequences of false terrorist information. Even if the perpetrator himself did not fabricate terrorist information, but spread it knowing that it was false terrorist information, which seriously disrupted social order, he should be investigated for criminal responsibility according to law.
Six situations that seriously disrupt social order and should be investigated for criminal responsibility.
Article 2 of the Interpretation clearly defines six situations of "seriously disturbing social order" from six aspects: disturbing the order of public places, disturbing the traffic order of public places, disturbing the normal working order of relevant units, disturbing the living order of residents, disturbing the normal working order of state functional departments and seriously disturbing social order:
(1) Causing disorder in airports, railway stations, docks, shopping malls, theaters, stadiums and other crowded places, or taking emergency evacuation measures.
(two) affecting the normal operation of large passenger transport vehicles such as airplanes, trains and ships.
(three) the work, production, management, teaching and scientific research activities of schools, hospitals, factories and mines, state organs and other units are interrupted.
(four) causing serious confusion in the living order of residents in administrative villages or communities.
(five) causing the public security, armed police, fire control, health and quarantine departments to take emergency measures.
(six) other serious disruption of social order.
Five situations that should be severely punished as appropriate.
Article 3 of the Interpretation clearly stipulates five situations in which fabricating and deliberately spreading false terrorist information seriously disrupts social order and should be given a heavier punishment within the range of fixed-term imprisonment of not more than five years:
(1) Causing the flight to alternate or return; Or cause large passenger vehicles such as trains and ships to stop running.
(2) repeatedly fabricating and intentionally spreading false terrorist information.
(3) Causing direct economic losses of more than 200,000 yuan.
(four) causing serious confusion in the living order of urban and street residents.
(five) other circumstances that should be given a heavier punishment.
According to the law, five situations are aggravated.
Article 4 of the Interpretation clearly stipulates the situation of "causing serious consequences" by enumerating, and the punishment should be aggravated and sentenced to fixed-term imprisonment of more than five years. Specifically, it includes the following five situations:
(a) causing minor injuries to more than 3 people or serious injuries to more than 0 people.
(2) Causing direct economic losses of more than 500,000 yuan.
(3) Causing serious disorder in the living order of residents at or above the county level.
(4) Obstructing major state activities.
(5) Causing other serious consequences.
Fabricating and spreading false terrorist information constitutes a combined punishment for several crimes.
Article 5 of the Interpretation stipulates that whoever fabricates or intentionally spreads false terrorist information, which seriously disrupts social order and constitutes other crimes, shall be convicted and punished as a felony. For example, if the perpetrator fabricates and disseminates false terrorist information for other criminal purposes such as extortion of money or by criminal means such as destroying computer systems, which seriously disrupts social order and constitutes several crimes, he shall be convicted and punished as a felony. If the perpetrator deliberately fabricates and disseminates false terrorist information in crowded places, causing heavy casualties and violating the provisions of Articles 1 15 and 29 1 of the Criminal Law, he shall be punished as a crime of endangering public security by dangerous means.