If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
As the judicial interpretation of laws and regulations changes every year, lawyer Su Yifei will update the sentencing standard of this crime once a year on this website page:
(20 17) explanations of the Supreme People's Court and the Supreme People's Procuratorate on some issues concerning the application of law in handling criminal cases disturbing the order of radio communication management.
Article 1 In any of the following circumstances, it shall be deemed as "setting up or using a radio station (station) without authorization, or using radio frequencies without authorization to interfere with the order of radio communication" as stipulated in the first paragraph of Article 288 of the Criminal Law:
(1) setting up a radio station without approval (hereinafter referred to as "black broadcasting") and illegally using radio and television special frequency bands;
(2) Setting up a communication base station (hereinafter referred to as "pseudo base station") without approval, forcibly sending information to unspecified users, and illegally using public mobile communication frequencies;
(3) Using satellite radio frequency without approval;
(four) illegal installation and use of radio jammers;
(five) other unauthorized installation and use of radio stations, or unauthorized use of radio frequencies to interfere with the order of radio communication.
Article 2 Whoever, in violation of state regulations, sets up or uses a radio station without authorization, or uses radio frequencies without authorization to interfere with the order of radio communication shall be deemed as "serious" as stipulated in the first paragraph of Article 288 of the Criminal Law:
(a) affecting the normal use of radio frequencies related to public safety, such as spacecraft, aircraft, railway locomotives, special radio navigation for ships, rescue in distress and safe communication;
(2) During natural disasters, accidents, public health incidents, social security incidents and other emergencies, using "black broadcasting" or "pseudo base stations" at the incident place;
(3) Using "black broadcast" or "pseudo base station" in and around the event venue during the holding of major national or provincial events;
(4) Using more than three "black broadcasts" and "pseudo base stations" at the same time;
(5) The measured transmission power of "Black Broadcasting" is greater than 500 watts, or the coverage is greater than 10 km;
(6) Using "pseudo base stations" to send illegal and criminal information such as fraud, gambling, soliciting prostitutes, Trojan virus, phishing website links, etc. in an amount exceeding 5,000, or destroying the record of sending amount;
(seven) hire or guide minors, disabled persons and other specific personnel to use the "pseudo base station";
(eight) the illegal income of more than thirty thousand yuan;
(9) Having received criminal punishment for disturbing the order of radio communication management, or having received administrative punishment for disturbing the order of radio communication management within two years, and having committed the acts specified in Article 288 of the Criminal Law;
(10) Other serious circumstances.
Article 3 Whoever, in violation of state regulations, sets up or uses a radio station without authorization, or uses radio frequencies without authorization to interfere with the order of radio communication, in any of the following circumstances, shall be deemed as "the circumstances are particularly serious" as stipulated in the first paragraph of Article 288 of the Criminal Law:
(1) Affecting the normal use of radio frequencies related to public safety, such as spacecraft, aircraft, railway locomotives, special radio navigation for ships, rescue in distress and safety communication, and endangering public safety;
(2) Causing serious consequences such as social disorder;
(3) During natural disasters, accidents, public health incidents, social security incidents and other emergencies, using "black broadcasting" or "pseudo base stations" at the place where the incidents occurred, causing serious impacts;
(4) Having a serious impact on major national or provincial events;
(5) Using more than ten "black broadcasts" and "pseudo base stations" at the same time;
(six) the measured transmission power of "black broadcasting" is more than three kilowatts, or the coverage is more than twenty kilometers;
(seven) the illegal income of more than one hundred and fifty thousand yuan;
(8) Other particularly serious circumstances.
Article 4 The illegal production and sale of radio equipment such as "black broadcasting", "pseudo base stations" and radio jammers shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law under any of the following circumstances:
(a) illegal production and sale of more than three sets of radio equipment;
(two) the amount of illegal business is more than fifty thousand yuan;
(3) Other serious circumstances.
If the number or amount of acts specified in the preceding paragraph reaches more than five times the standards specified in the first and second paragraphs of the preceding paragraph, or there are other particularly serious circumstances, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law.
Parts seized in illegal production and sale of radio equipment dens shall be identified according to the number of assembled units and the number of assembled units; If it cannot be assembled into a complete set of equipment, every three sets of broadcast signal modulators (exciters) are considered as a set of "black broadcasting" equipment, and every three motherboards are considered as a set of "pseudo base stations" equipment.
Article 5 Where a unit commits a crime as stipulated in this Interpretation, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be convicted and punished according to the conviction and sentencing standards for crimes committed by natural persons as stipulated in this Interpretation.
Article 6 Whoever sets up or uses a radio station (station) without authorization, or uses radio frequencies without authorization, and at the same time constitutes other crimes, shall be convicted and punished in accordance with the provisions of heavier punishment.
Knowing that others use radio equipment such as "black broadcast" and "pseudo base station" to send information or provide other help to others, and at the same time constitute other crimes, they shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 7 Any functionary of a state organ responsible for radio supervision and management who abuses his power or neglects his duty, thus causing heavy losses to public property and the interests of the state and the people, shall be investigated for criminal responsibility for the crime of abuse of power or dereliction of duty in accordance with the provisions of Article 397 of the Criminal Law.
Any functionary of a state organ who has the obligation to ban criminal activities that disturb the order of radio management, provides information and convenience to criminals and helps them escape punishment, shall be investigated for criminal responsibility in accordance with the provisions of Article 417 of the Criminal Law. Those who collude in advance shall be punished as * * *.
Article 8 For legitimate business activities, using "black broadcasting", "pseudo base stations" or other acts that disturb the order of radio communication management constitutes a crime of disturbing the order of radio communication management, but it does not belong to "the circumstances are particularly serious". If the perpetrator is a first-time offender and does show repentance, he can be considered a minor and may not be prosecuted or exempted from criminal punishment; If it is really necessary to impose a punishment, the punishment shall be lenient.
Article 9 If it is difficult to determine the relevant specialized issues involved in a case, it shall be determined according to the expert opinions issued by judicial authentication institutions or reports issued by the following institutions, combined with other evidence:
(a) a report issued by the radio regulatory agency at or above the provincial level, the dispatched office established by the provincial radio regulatory agency according to law, and the competent radio and television department at or above the prefecture level on whether it is a "pseudo base station" or a "black broadcast";
(two) a report on the power and coverage of "black broadcasting" issued by the competent radio and television departments at or above the provincial level and their designated testing institutions;
(3) A report issued by the competent departments of aviation, railways and ships at or above the provincial level on whether navigation and communication are disturbed.
The affected situation of mobile terminal users can be determined according to the certificate issued by the relevant communication operators, combined with evidence such as the defendant's confession and the testimony of the terminal users.
Article 10 This Interpretation shall come into force on July 1 day, 2065438.
(20 15) Criminal Law Amendment (IX)
30. The first paragraph of Article 288 of the Criminal Law is amended as: "Whoever, in violation of state regulations, sets up or uses a radio station without authorization, or uses radio frequencies without authorization to disturb the order of radio communication, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "
(20 14) opinions on handling cases of illegal production, sale and use of "pseudo base station" equipment according to law.
First, accurately identify the nature of behavior.
(a) the illegal production and sale of "pseudo base station" equipment, in any of the following circumstances, in accordance with the provisions of Article 225 of the Criminal Law, shall be investigated for criminal responsibility for the crime of illegal business:
1. Individuals illegally produce and sell more than three sets of "pseudo base station" equipment, or the illegal business amount is more than 50,000 yuan, or the illegal income is more than 20,000 yuan;
2 units illegally produce and sell more than ten "pseudo base stations" equipment, or the illegal business amount is more than 150,000 yuan, or the illegal income amount is more than 50,000 yuan;
3. Although it fails to meet the above-mentioned amount standard, it has been subjected to administrative punishment for illegally producing and selling "pseudo base station" equipment for more than two times within two years, and illegally producing and selling "pseudo base station" equipment.
If the number and amount of acts specified in the preceding paragraph reach more than five times the number and amount specified in the preceding paragraph, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law.
Illegal production and sale of "pseudo base station" equipment is recognized as special spy equipment, and criminal responsibility shall be investigated for the crime of illegal production and sale of special spy equipment in accordance with the provisions of Article 283 of the Criminal Law; At the same time, if it constitutes the crime of illegal business operation, criminal responsibility shall be investigated for the crime of illegal business operation.
(2) Whoever illegally uses "pseudo base station" equipment to interfere with public telecommunication network signals and endanger public safety shall be investigated for criminal responsibility for the crime of destroying public telecommunication facilities in accordance with the provisions of the first paragraph of Article 124 of the Criminal Law; At the same time, those who constitute the crime of false advertising, the crime of illegally obtaining citizens' personal information, the crime of destroying computer information systems, and the crime of disturbing the order of radio communication management shall be investigated for criminal responsibility in accordance with the provisions of heavier punishment.
Unless otherwise stipulated by laws and judicial interpretations, those who commit other criminal acts such as fraud by using "pseudo base station" equipment and at the same time constitute the crime of destroying public telecommunication facilities shall be investigated for criminal responsibility in accordance with the provisions of heavier punishment.
(3) Whoever knowingly illegally produces or sells "pseudo base station" equipment or illegally uses "pseudo base station" equipment to interfere with public telecommunication network signals and provides funds, places, technologies, equipment and other assistance to others shall be punished for the same crime.
(four) illegal use of "pseudo base station" equipment to disturb public order and infringe upon the personal rights and property rights of others, if the circumstances are minor, but it does not constitute a crime, but it constitutes a violation of public security management, it shall be punished according to law.
Second, strictly implement the criminal policy of combining leniency with severity.
The treatment of criminal suspects and defendants should be treated differently according to their subjective malignancy, the degree of harm of their behavior and the role they played in the case. The ringleaders who organize and direct the illegal production, sale and use of "pseudo base station" equipment, the criminals who actively participate in it, and the criminals who have received administrative punishment or criminal punishment for illegally producing, selling and using "pseudo base station" equipment should be taken as the focus of the crackdown and severely punished according to law; Criminals with statutory circumstances such as surrender, meritorious service, and accessory can be treated leniently according to law. If the circumstances are obviously minor and the harm is not great, it shall not be treated as a crime according to law.