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A man found guilty by illegally shooting videos of military equipment

一男子因偷拍军事装备涉嫌非法获取国家秘密罪

来源:China Military Online责任编辑:Li Wei
2021-04-15 18:26

BEIJING, Apr. 15 -- According to the WeChat official account of the Supreme People’s Procuratorate (SPP) on April 14, the suspect Zhang Wei (an alias) was recently prosecuted on suspicion of illegally obtaining and disseminating state secrets by the Luqiao District People’s Procuratorate in Taizhou, East China’s Zhejiang Province.

北京,4月15日电最高人民检察院微信公号4月14日消息,近日,浙江省台州市路桥区检察院以犯罪嫌疑人张伟(化名)偷拍军事装备,涉嫌非法获取国家秘密罪依法对其提起公诉。

In November 2020, Zhang Wei, head of a company, undertook construction work from a certain military unit. During the construction in the barracks, Zhang saw a particular type of military equipment up close for the first time. Out of curiosity and excitement, he videoed the military equipment with his mobile phone, in the knowledge that the photo is forbidden without specific permission, and then have it edited and posted on the internet.

2020年11月,某公司的负责人张伟承接了某部队施工工作。在营区施工期间,张伟第一次近距离看到某型军事装备,出于好奇和兴奋,明知在部队营区内负有禁止拍摄的保密义务,仍然拿起随身携带的移动手机,摄录军事装备的清晰视频并发布在网络平台。

The short video was later identified to have involved confidential military secret, which led to Zhang’s violation of the laws.

经鉴定,张伟所拍摄的视频包含1项秘密级军事秘密,涉及军事秘密,触犯国家法律。

According to Article 282 of the Criminal Law of the People's Republic of China , whoever illegally acquires state secrets by stealing, secretly gathering and purchasing is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control, or deprivation of political rights; when the circumstances are serious, the sentence is to be not less than three years but not more than seven years of fixed-term imprisonment.

根据我国刑法第二百八十二条规定,以窃取、刺探、收买方法,非法获取国家秘密的,处三年以下有期徒刑、拘役、管制或者剥夺政治权利;情节严重的,处三年以上七年以下有期徒刑。

In this case, the criminal suspect, in lack of awareness of law and confidentiality, filmed military equipment and uploaded the short video onto the network, out of curiosity and just to show off. Although he didn’t mean to maliciously spread secrets for profit or reaching out to hostile forces, his action has indeed endangered national security, and shall be prosecuted for criminal responsibility.

本案中,犯罪嫌疑人张伟由于缺乏法律意识、保密意识,出于好奇、炫耀心理拍摄部队军事装备并上传短视频网络平台,主观上并非出于获利或与海外组织有联系而恶意传播,但已危害国家安全,故应以非法获取国家秘密罪追究其刑事责任。

As warned by the prosecutor, social media, like Weibo, WeChat Moments and short video apps, is playing a more and more important role in modern life, but the cyberspace has never been a “law-free” zone. Taking and sharing photos or videos at will would dangerously make smartphone an outlet for secret leakage.

检察官提醒,微博、微信朋友圈、短视频网络平台已成为现代生活社交的主阵地,然而,网络空间并非法外之地,切不可随拍上传,让智能手机成为泄密窗口。

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