The crime of intentionally revealing military secrets is not established, unless the military intentionally reveals military secrets, but the crime of intentionally revealing state secrets can be established; If a soldier intentionally divulges state secrets (non-military secrets), the crime of intentionally divulging military secrets is not established, but it can be established.
Generally speaking, state secrets refer to the seven contents stipulated in Article 8 of the Law of People's Republic of China (PRC) on Guarding State Secrets according to the provisions of Article 2. Including the secrets of all aspects of the country's internal affairs and diplomacy, such as major decisions and political and economic affairs such as military and national defense, diplomacy, internal security, judicial inspection, finance and economics, science and health, organization and personnel. Secret matters that have not been praised, as well as state institutions, warehouses, places and documents, telegrams, letters, materials, statistics, figures, charts, books and periodicals, etc. Still classified as secrets, confidential and top secret are just general secrets. If they are leaked at a certain time, place and scope, it will harm national security and interests to a certain extent. Confidentiality is an important state secret. If leaked, it will cause serious harm or great loss or even irreparable loss to national security and interests. Top secret is the most important core secret of the country. This matter must be kept strictly confidential. Once leaked, it will cause particularly serious harm or irreparable huge losses to the country. The so-called disclosure of important state secrets is the important state secrets that the actor has or knows. Leaking secrets to people who shouldn't know, no matter what kind of behavior, must be the objective behavior of the actor and the act of revealing important state secrets. Otherwise, if the enemy or others obtain secrets by means of stealing, reconnaissance, deciphering, telemetry, etc., the act of leaking secrets does not belong to the act of leaking state secrets, and the person in charge, the person in charge of secrets or other relevant personnel cannot be held accountable for leaking secrets.
According to the Secrecy Law and Criminal Law, the disclosure of state secrets must be serious to constitute a crime. The so-called serious circumstances are generally confirmed from the objective behavior, such as the method, means, time, place and secret content, classification, harmful consequences, etc. At the same time, we should also analyze the subjective aspects of the actor to judge whether the motive and purpose of disclosure are bad, such as deliberately revealing important state secrets for personal gain or other personal purposes; Revealing state secrets at special time and place such as wartime and national high-speed policy; Secret content is very important; Causing serious harmful consequences or heavy losses, etc. Generally can be regarded as serious behavior.
When studying the circumstances of cases of revealing important state secrets, we should pay attention to distinguish the boundaries that belong to revealing secrets but do not constitute crimes. For example, only the internal general materials, materials and publications are disclosed, or the information in them is not a secret within the scope of confidentiality stipulated by confidentiality laws and regulations, and its behavior does not violate confidentiality laws and regulations; Or, although it belongs to the scope of confidentiality stipulated by the Secrecy Law, it not only belongs to the scope of confidentiality stipulated by the Secrecy Law, but also belongs to important state secrets, but its leakage is not serious and does not constitute the crime of leaking state secrets, so the perpetrator cannot be sentenced for the crime of leaking state secrets, which should be handled by the administrative department.
3, this kind of crime is generally a special subject, that is, the staff of state organs, enterprises and institutions, people's organizations and collective economic organizations can become the subject of the crime of revealing state secrets.
State secrets are mainly held or known by state employees, so it is generally state employees who leak these secrets, but some non-state employees may also hold or know some state secrets and may leak them out. Therefore, according to the criminal law, if the circumstances are serious enough to constitute a crime, they will be sentenced for revealing state secrets.
Subjectively, some are intentional and some are negligent.
In the aspect of intentional disclosure, some are deliberately implemented in pursuit of a certain criminal purpose; Some deliberately reveal the secrets they know in order to show how much they know when friends and relatives get together or chat in public places; Some of them tell secrets to let relatives and friends know some secrets, or show secret documents and copies to people who shouldn't read them because of others' inquiries, and so on. From the point of view of negligence, some leaked secrets because of negligence or violation of confidentiality discipline, and even brought them to home or public places to be stolen or lost. Others inadvertently disclose secrets in public places, at home, among relatives and friends, or at work, and the serious harmful consequences caused by negligent disclosure often exceed the expectations of the parties concerned. If the actor should have foreseen it subjectively, but he didn't foresee it, which is not what he hoped, then he should also be investigated for criminal responsibility if he violated the state secrecy laws and regulations and leaked important state secrets, resulting in particularly serious consequences.
Punishment for the Crime of Revealing State Secrets According to Article 398 of the Criminal Law, any state functionary who intentionally or negligently divulges state secrets in violation of the provisions of the Law on Guarding State Secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Non-state employees who commit the crimes mentioned in the preceding paragraph shall be punished as appropriate in accordance with the provisions of the preceding paragraph.
According to the provisions of the Criminal Law 1979, when handling cases of the crime of revealing state secrets, the boundaries between the crime of intentionally or negligently revealing state secrets and the Supplementary Provisions of the NPC Standing Committee on Punishing the Crime of Revealing State Secrets and the acts of stealing, spying, buying and illegally providing state secrets are often distinguished, regardless of whether they are state employees or non-state employees. Whoever intentionally steals, spies, buys or illegally provides state secrets for overseas institutions, organizations and personnel shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or deprivation of political rights in accordance with Article 32 of the Law on Guarding State Secrets and the Supplementary Provisions on Punishing the Crime of Revealing State Secrets. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and deprived of political rights. Now they are convicted and sentenced according to the provisions of the new criminal law.