legal ground
1. What are the main acts of espionage?
The acts that constitute the crime of espionage mainly include the following:
(1) Join a spy organization, become a member of a spy organization and act as a spy.
The so-called spy organizations mainly refer to organizations established by foreign governments to infiltrate, steal, spy on, buy off, illegally provide state secrets and information, and carry out subversive and destructive activities against Chinese public officials, the masses and commercial institutions. Joining a spy organization means that the actor has fulfilled certain joining procedures (such as selection, registration and special training). ), or under special circumstances, although it has not formally joined as usual, it has actually carried out activities as a member of a spy organization.
(2) accepting the tasks of spy organizations and their agents.
According to the Detailed Rules for the Implementation of the National Security Law of People's Republic of China (PRC), an agent of a spy organization refers to a person who is instructed, entrusted or funded by a spy organization or its members to carry out or instruct others to carry out activities that endanger People's Republic of China (PRC)'s national security. For example, a reporter from a certain country, although not affiliated with a member of the country's spy organization, accepted the intelligence gathering task of the country's spy organization. The agent here should be in a broad sense, which can be either a natural person or a legal person.
(3) instruct the enemy to bomb the target.
It refers to the act of providing major train facilities, construction projects, cities and other targets that are vital to China's security for the enemy countries that invade China militarily. The way of behavior is to clearly show the enemy that we are going to bomb our targets against warring hostile countries or enemies by drawing, writing, signaling and marking in wartime. The so-called enemy here does not refer to individual hostile elements hiding in China, but refers to the enemy countries and armed forces that invaded China militarily.
Second, how to punish the crime of espionage?
Whoever commits the crime specified in this article 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 ten years.
If the circumstances are relatively minor, it means that although you join a spy organization, you don't accept the tasks of the spy organization and its agents, or you accept the tasks of a conspiracy organization and its agents, but the conspiracy behavior is really minor and harmless.
According to the provisions of Article 56 and Article 1 13 of this Law, those who commit this crime shall be additionally deprived of their political rights and may also have their property confiscated. If the harm to the country and the people is particularly serious and the circumstances are particularly bad, the death penalty can be imposed. The so-called especially serious harm, especially bad circumstances, refers to accepting the task of spy organizations and their agents, carrying out sabotage activities, seriously endangering national security, or bombing targets on the instructions of the enemy, resulting in particularly serious losses for us.
According to the relevant national laws and regulations, the crime of espionage should bear criminal responsibility regardless of whether it causes serious consequences. Stealing state secrets, providing information to the enemy and other espionage acts have serious harm to the country and the people. In China, the penalty for espionage is heavier. If espionage is carried out, it will have very bad consequences for the country or society, and the maximum penalty is death.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 1 10 of the Criminal Law.
Whoever commits one of the following espionage acts and endangers national security 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 ten 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.