The first thing that comes to my mind is that the act of concealing the crime of concealment
knowing that the crime happened or the circumstances of the perpetrator, but not actively reporting it to the judicial authority, is a kind of "knowing but not reporting". Although refusing to report information is objectively beneficial to criminals' escape, the perpetrators only passively provide information about criminal facts and criminals, rather than actively harboring and shielding criminals, so they are simply omissions. Since there is no mandatory provision in my country's criminal law that people who know the general facts of a crime or the circumstances of the offender must report it, the behavior of refusing to report knowledge cannot be regarded as a crime. Similarly, when public security and judicial organs investigate and collect evidence, simply not providing testimony, although it violates the provisions of Article 48 of the Criminal Procedure Law that "everyone who knows the circumstances of the case has the obligation to testify", but because the Criminal Law does not Special general provisions are made for this, so no crime is established. Obviously, the crime of harboring and covering up only applies to general crimes, and this reporter does not apply to this crime.
Secondly, the crime of refusing to provide evidence of espionage crimes
refers to the serious behavior of refusing to provide espionage evidence when the state security agency investigates the situation and collects relevant evidence, knowing that others have committed espionage crimes. This involves another concept of espionage crime, which refers to participating in espionage organizations, accepting tasks from espionage organizations and their agents, or instructing the enemy to bombard targets. Acts that endanger national security. Of course, neither the politician who broke his promise after drinking nor the child was involved in the hostile country, so the crime was not established.
crime of illegally obtaining state secrets
It refers to the illegal acquisition of state secrets by means of stealing, spying, and buying. The object of this crime is the state's secrecy system. The so-called state secrets refer to matters related to national security and interests, determined in accordance with legal procedures, and known only to a certain range of persons within a certain period of time. my country's state secrets are divided into three levels: top secret, secret and secret (the college entrance examination is a state secret). No matter what level of state secrets the perpetrator illegally obtained, it is sufficient to constitute this crime. Among the stealing, spying, and buying, what is more in line with this case is spying. Spying is the act of obtaining state secrets through inquiries, field inspections and other methods. The identities of the intelligence officers are clearly among the state secrets. Those who commit this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Obviously, this reporter also constituted the crime of intentionally leaking state secrets. The crime
of intentionally leaking state secrets means that state functionaries or non-state personnel violated the Law on Guarding State Secrets, intentionally making state secrets known to those who should not know, or deliberately leaking state secrets. Acts that make state secrets go beyond the limited contact range and have serious circumstances.
According to the judicial interpretation, if a staff member of a state organ is suspected of intentionally leaking state secrets and falls under any of the following circumstances, a case shall be filed:
1. Leaking top-secret or secret-level state secrets;
2. Leaking three or more secret-level state secrets
3. Disseminating or disseminating state secrets to the public; 4.
Divulging state secrets and causing serious harm;
5. Using power to instigate or coerce others to leak state secrets in violation of the provisions of the State Secrets Protection Law;
6. For personal gain The purpose is to disclose state secrets;
7. Other serious circumstances.
The standards for filing a case for a criminal act suspected of intentionally leaking state secrets by a non-state organ staff member shall be implemented with reference to the above-mentioned standards.
The sentence refers to the crime of illegally obtaining state secrets.
postscript:
This is the first time I write something like this. Obviously, for the confidentiality of journalists, journalists will inevitably violate the law, whether it is the United States or China, and they will endure jail time.
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