According to the criminal law, the crime of espionage is a behavioral crime, and the fact that there is a legally harmful result is not regarded as an important element for the establishment of the crime. As long as the crime of espionage is committed, it constitutes this crime. As for how to judge the accomplishment of this crime, whether there is an unfinished form of this crime, and how to identify it, most scholars in the criminal law field believe that as long as the perpetrator implements one of the three legal acts, it constitutes a crime accomplishment. As for whether the perpetrator carried out further espionage activities after joining the spy organization; Whether the task has been completed after accepting the task sent by the foreign spy organization or its agent; Whether bombing the target for the enemy leads to the destruction of the target does not affect the establishment of the accomplished crime. In this regard, no matter whether the actor has completed the crime of espionage, it is accomplished. Of course, there is no room for attempted or suspended existence after accomplished. Another scholar believes that whether there is an unfinished form of espionage crime should be analyzed according to its legal behavior characteristics. As far as "joining a spy organization" is concerned, the act of creating convenient conditions for the actor to join a spy organization is a preparatory act, but failure to join a spy organization due to reasons other than will constitutes a criminal preparation for espionage; Joining a spy organization is often manifested in going through certain procedures and performing certain formalities. The beginning of participation is often manifested in the procedures or formalities that spy organizations begin to accept. It usually takes a period of time from the start of acceptance to the completion of acceptance. Therefore, in this case, there is an attempted form of espionage, that is, the actor has begun to perform some participation procedures, but due to reasons other than his will, he finally failed to join the spy organization. Moreover, because there can be a certain period from the beginning of the behavior to the establishment of the behavior, the suspension form can be established in both its preparatory stage and its implementation stage; As far as "accepting the task of spy organizations and their agents" is concerned, the actor has already carried out the preparatory act of accepting the spy task, but he fails to accept the task for reasons other than his will, which should be criminal preparation; Commitment is manifested in some form of consent and consent, and once the commitment behavior begins, it means establishment, so it is difficult to distinguish the situation that the commitment behavior has begun but the behavior has not yet been established. The spy organization and its agents introduced the task to the actors. If the actor agrees to implement it, the acceptance behavior is established. If the actor does not agree to implement it, there is no acceptance. Therefore, under this kind of behavior, there is actually no attempted form of espionage. Because the act is completed once it is started, the crime of espionage will not stop in the implementation stage, but only in the preparatory stage; As far as "instructing the enemy to bomb the target" is concerned, the performance of crime preparation is to create conditions such as piling firewood and installing radio stations for instructing the bombing target; The act of ordering bombing targets often has a certain process from beginning to completion, and the establishment of the act should be marked by its completion. Therefore, it may exist that the perpetrator has begun to bomb the target for the enemy, but due to reasons other than will, the behavior has not yet been established, so the crime has not succeeded, that is, the attempted form; Moreover, because this kind of behavior can exist for a certain time after the behavior starts, the stop form can occur in the preparation stage and the implementation stage. We think this view is very insightful. As mentioned above, this crime is a behavioral crime, and its accomplished form is marked by the completion of the statutory harmful behavior rather than the implementation of the statutory harmful behavior. Only when one of the above three legal acts is implemented and completed can the crime be treated as accomplished. Therefore, the view that "as long as the actor commits one of the three legal acts, it constitutes a crime accomplished" deviates from the basic theory of behavioral crime. Determination of the crime of espionage 1. The espionage committed by the perpetrator must be aimed at People's Republic of China (PRC) and endanger national security, otherwise it does not constitute espionage. This article makes restrictive provisions on espionage that constitutes espionage, that is, the espionage committed by the perpetrator must endanger China's national security. Although the perpetrator committed the crime of espionage, if this behavior does not endanger China's national security, it cannot be punished as espionage. For example, although the perpetrator participated in a spy organization and had a spy status, the purpose of participating in a spy organization was to target other countries, not to endanger the national security of the people and the country of China. Such a person cannot be investigated for espionage. In practice, it is easy to determine whether the espionage of accepting the task of spy organizations and their agents and instructing the enemy to bomb targets endangers China's national security, but it is difficult to grasp whether the espionage of participating in spy organizations endangers China's security. As long as we know what the target of the actor's participation in the spy organization is, we can judge whether the actor's behavior endangers China's national security. If the perpetrator's goal is to join a spy organization against China, it can be considered as endangering China's national security. Because endangering national security does not require material damage, and acts that endanger national security exist together when people join spy organizations. 2. It is necessary to distinguish between spies who join spy organizations and non-spies in these organizations. The so-called non-spy refers to the engineering, general handyman, medical, communication, general affairs and other personnel in the spy organization who have not fulfilled the procedures for joining the spy organization and have not carried out espionage activities. Although these people also come to China for tourism, visiting relatives, academic exchanges, economic and trade negotiations, etc. But they didn't engage in espionage. They can't be investigated for espionage. 3. How to deal with other criminal acts of stealing, spying, buying, illegally providing state secrets or carrying out sabotage activities such as assassination, arson, explosion and poisoning after the actor participates in a spy organization and accepts the tasks of the spy organization and its agents? Is it espionage, or is it espionage combined with other crimes? There are different opinions about this. One view is that the perpetrator accepts the task of spy organizations and their agents and commits other crimes; According to the law, the crime of espionage is combined with other crimes. The reason is that these crimes committed by the perpetrator have gone beyond the scope of the elements of espionage and should be punished for several crimes; Another view is that accepting the task of spy organizations and their agents to commit other crimes only constitutes espionage, and does not constitute a combined punishment for several crimes. The reason is that there is an inherent factual connection between the behavior of accepting tasks and the behavior of completing tasks. Moreover, when the executor accepts the task, the intention of carrying out the task behavior is objective. 4. Behavioral talents and spy organizations, after accepting the tasks of spy organizations and their agents, mobilize the masses on a large scale as legal persons and natural persons, disseminate information in an organized and large scale, and spread false information on a large scale by means of scientific and technological means, personnel bribery, camouflage and other means, resulting in large-scale impact and loss of national and ethnic interests. The administrative personnel of public security organs who pretend to accept the tasks of spy organizations and their agents carry out infiltration and influence behaviors, resulting in the loss of the interests of the masses and the adverse influence of political public opinion on the political development direction of the country and political confusion, resulting in the loss of the country's major interests. Objectively, it should be defined as the crime of state espionage. And secretly investigate its related personnel, comb and analyze its subject and object. By analyzing the gains and losses of interests and duties, the composition of the crime of state espionage is determined and punished. 5. Overseas information spy organizations organize and mobilize agents to engage in obscenity and prostitution, collect information on humanistic thoughts, social trends, political policies, regional economy and military affairs, and conduct activities such as human trafficking, seduction, incitement of public opinion, information espionage, computer network theft, and small-scale disguised social network infiltration. State spy, commercial spy, crime of disturbing social order, crime of prostitution, crime of stealing secrets of network computer information, crime of illegally using concealed special equipment, etc. Should be combined as a criminal factor. We believe that if an actor participates in a spy organization, accepts the task of a spy organization and its agents, and commits other crimes, it constitutes espionage and other crimes, and should be punished for several crimes. Spying is a dangerous task. When necessary, we will plant spies for each other. However, if our own people become spies of the other side, it is a crime, which requires legal responsibility. Therefore, this is an extremely complicated task. The above is the first knowledge that Bian Xiao found for everyone online. I hope I can help them go home and learn about it! If you have any questions, please consult a lawyer online.
Legal basis:
Article 118 of the Criminal Law of People's Republic of China (PRC) commits one of the following espionage acts, which endangers national security, and shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years: (1) Joining a spy organization or accepting the tasks of a spy organization and its agents; (2) instruct the enemy to bomb the target.