A judicial explanation published by the “two high schools” today clearly states that anyone who illegally obtains, sells or provides personal information of citizens and has one of the situations such as “illegal income of more than 5,000 yuan” can be criminalized.
According to zhongxin.com, on the morning of the 9th, the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the Interpretation on Several Issues concerning the application of law in handling criminal cases involving infringement of citizens’ personal information in Beijing. Yan Maokun, director of the Research Office of the Supreme People’s Court, introduced that there were 13 “interpretations”, which clearly defined the scope of “citizens’ personal information” and the identification standards of illegal “providing citizens’ personal information, as well as the conviction and sentencing standards for the crime of infringing citizens’ personal information, etc.
In terms of conviction and sentencing standards, Article 5 of the judicial interpretation stipulates that illegally obtaining, selling or providing personal information of citizens under any of the following circumstances, it should be identified as “serious circumstances” stipulated in one of the two hundred and fifty-three articles of the criminal law “. These situations include: illegally acquiring, selling or providing more than 50 pieces of trace information, communication content, credit information and property information; Illegally acquiring, selling or providing accommodation information, communication records, health physiological information, transaction information and other citizens’ personal information that may affect personal and property safety is more than 500 pieces; Illegal income is more than 5,000 yuan; Etc.
According to one of the provisions of one hundred and fifty-three articles of the criminal law: in violation of the relevant provisions of the state, selling or providing personal information of citizens to others, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or imposed alone; 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 shall be fined.
Yan Maokun pointed out that on this basis, the second paragraph of Article 5 of the interpretation determines the “extremely serious circumstances” of the crime of infringing citizens’ personal information, that is to say, the applicable standard of the sentencing grade of “imprisonment for more than three years or less than seven years” is made clear, mainly involving the following two aspects:
First, the quantity standard. According to different information types, illegal acquisition, sale or provision of citizens’ personal information “more than 500 pieces”, “more than 5,000 pieces” and “more than 50,000 pieces”, or illegal income of more than 50,000 yuan, that is, the circumstances are particularly serious “.
The second is serious consequences. The interpretation stipulates “causing serious consequences such as death, serious injury, mental disorder or kidnapping of the victim” and “causing significant economic losses or adverse social impacts” as “The circumstances are particularly serious”.
It is reported that the judicial interpretation will come into force on June 1, 2017.
A judicial explanation published by the “two high schools” today clearly states that anyone who illegally obtains, sells or provides personal information of citizens and has one of the situations such as “illegal income of more than 5,000 yuan” can be criminalized. According to zhongxin.com, on the morning of the 9th, the Supreme People’s Court, the most