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	INTERPRETATION OF THE SUPREME PEOPLE'S COURT ON THE SPECIFIC APPLICATION OF LAW FOR THE TRIAL OF CRIMINAL CASES OF SABOTAGING PUBLIC TELECOMMUNICATION FACILITIES

	(Announcement of the Supreme People's Court (Interpretation No. 21 [2004] of the Supreme People's Court), December 30, 2004: Adopted at the 1322nd meeting of the Judicial Committee of the Supreme People's Court on August 26, 2004, and shall come into force on January 11, 2005)


SUBJECT : LEGAL INTERPRETATION; SABOTAGING PUBLIC TELECOMMUNICATION FACILITIES
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 12/30/2004
IMPLEMENT DATE : 01/11/2005
LENGTH : 803 words
TEXT :

In order to maintain the security of public telecommunication facilities and the communication administration order, lawfully punish the criminal activities of sabotaging public telecommunication facilities, we hereby give our interpretation in accordance with relevant provisions of the Criminal Law as follows regarding some issues on the specific application of law for the trial of this type of criminal cases:

Article 1. Whoever intentionally sabotages public telecommunication facilities in current use by means of cutting communication circuits, damaging communication equipment or deleting, modifying or adding any data in storage, process or transmission or any application program in the computer information system of the telecommunication network or by any other means, and is in any of the following circumstances, shall be in the situation of "endangering public security" prescribed in Article 124 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years under the crime of sabotaging public telecommunication facilities in accordance with Paragraph 1 of Article 124 of the Criminal Law:

(1) Causing disconnection or serious obstruction to communication in respect of fire alarm, robbery alarm, medical emergency treatment, traffic accident alarm, disaster relief, emergent danger fighting, flood prevention, etc., thus resulting in delay of salvation, cure, disaster relief, emergent danger fighting, etc., and therefore causing death to no less than one person or serious injury to no less than three persons, or causing no less than 300,000 Yuan of property losses;

(2) Causing disconnection of communication for no less than 1 hour to no less than 2,000 but less than 10,000 users, or disconnection of communication for less than 1 hour to no less than 10,000 users;

(3) Within the scope of a local network, the total obstruction of network communication, the total disconnection from the gateway exchange to a certain exchange, or the disconnection of a certain business within the network lasts for less than 2 hours, or directly affects a scope of less than 50,000 (users x hours);

(4) Causing serious obstruction to network communication, with the accumulative time within one day at no less than 2 hours but less than 12 hours; or

(5) Other circumstances endangering public security.

Article 2. Whoever commits any of the acts prescribed in Article 1 of this Interpretation, and is in any of the following circumstances, shall be in a situation of "serious consequences" prescribed in Paragraph 1 of Article 124 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than seven years under the crime of sabotaging public telecommunication facilities:

(1) Causing disconnection or serious obstruction to communication in respect of fire alarm, robbery alarm, medical emergency treatment, traffic accident alarm, disaster relief, emergent danger fighting, flood prevention, etc., thus resulting in delay of salvation, cure, disaster relief, emergent danger fighting, etc., and therefore causing death to no less than two persons or serious injury to no less than six persons, or causing no less than 600,000 Yuan of property losses;

(2) Causing disconnection of communication for no less than 1 hour to no less than 10,000 users;

(3) Within the scope of a local network, the total obstruction of network communication, the total disconnection from the gateway exchange to a certain exchange, or the disconnection of a certain business within the network lasts for no less than 2 hours, or directly affects a scope of not less than 50,000 (users x hours);

(4) Causing serious obstruction to network communication, with the accumulative time within one day at no less than 12 hours; or

(5) Causing other serious consequences.

Article 3. Whoever intentionally sabotages the public telecommunication facilities in current use but has not endangered public security, or intentionally destroys public telecommunication facilities which have not been put into use, and causes any property loss shall, if a crime is constituted, be convicted and punished in accordance with Article 275 of the Criminal Law under the crime of intentionally destroying property.

Whoever steals public telecommunication facilities at a low amount of value shall, if his act constitutes the crime of endangering public security, be convicted and punished in accordance with Article 124 of the Criminal Law; whoever steals public telecommunication facilities shall, if his act concurrently constitutes the crime of theft and the crime of sabotaging public telecommunication facilities, be convicted and punished under the crime which is more severe.

Article 4. Whoever incites, organizes or instigates others to commit an intentional criminal act prescribed in this Interpretation shall be convicted and punished as an accomplice.

Article 5. The scope of public telecommunication facilities, the number of users, the criteria and length of time of disconnection and serious obstruction of communication, which are prescribed in this Interpretation, shall be determined in accordance with the relevant provisions of the State's administrative department for the telecommunication sector.