The Internet hot word "please drink tea" has been given the meaning of "being interviewed or investigated for suspected violations and crimes" by netizens. The Criminal Procedure Law, the Counter-Espionage Law and other laws and regulations have given the authorities the power of criminal law enforcement and administrative law enforcement. Under what circumstances will you be "invited to tea" by *** organs? We've sorted out the following 10 main scenarios.
The first cup of "tea": suspected of endangering *** crimes
In handling cases of crimes endangering ***, organs are to exercise investigation, detention, pre-trial, and execution of arrest, as well as other functions and powers provided by law. If it is suspected of endangering the criminal suspect, the criminal suspect will be filed and investigated, and criminal compulsory measures such as custodial summons and detention and investigative measures such as interrogation will be adopted in accordance with the law, and evidence materials will be collected and collected on whether the criminal suspect is guilty or innocent, and the crime is minor or serious.
The second cup of "tea": the act of espionage or the act of aiding
Where the carrying out of acts of espionage or assistance (i.e., clearly knowing that others are carrying out acts of espionage, providing them with support or assistance such as information, funds, materials, labor, technology, or venues, or harboring or shielding), which does not constitute a crime, they are to be given warnings or administrative detention in accordance with law, and are to be given a fine alone or concurrently, and the relevant departments may give sanctions in accordance with law. Where a unit commits the above two types of conduct, the unit and its relevant responsible personnel are to be given warnings, fines, and other punishments. In addition, according to the circumstances and consequences of the violation, it may also be recommended that the competent department make administrative measures such as ordering the relevant units and personnel to suspend production and business, and revoking relevant licenses in accordance with the law.
The third cup of "tea": failure to implement the main responsibility for counter-espionage security precautions
The special chapter of the Counter-espionage Law stipulates the main responsibilities and related obligations for security precautions. For those who fail to perform their statutory obligations in accordance with the provisions, the ** organ may order corrections; Where corrections are not made as required, the relevant responsible person may be interviewed, and when necessary, the circumstances of the interview may be reported to the competent department at the level above the unit; where harmful consequences or adverse effects are produced, warnings and criticisms may also be circulated; where the circumstances are serious, the relevant departments are to give sanctions in accordance with law.
The fourth cup of "tea": a violation of the construction project permit involving *** matters
"Permitting construction projects involving key matters" is an administrative licensing work carried out by the government in accordance with the "Counter-espionage Law", and its main responsibilities are to approve and supervise construction projects in the security control areas around key and critical units, and to promptly discover and prevent foreign espionage and intelligence agencies from using relevant construction projects to carry out espionage activities. ** Authorities have the right to order corrections and give warnings to those who illegally build, reconstruct or expand construction projects in the security control area; If they refuse to make corrections or the circumstances are serious, they shall be ordered to stop construction or use, suspend or revoke permits, or recommend that the competent departments handle it in accordance with law.
The fifth cup of "tea": refusal to cooperate with the investigation of espionage
All citizens and organizations shall support and assist counter-espionage efforts in accordance with law. When the organs investigate and learn about the conduct of espionage and collect relevant evidence, the relevant individuals and organizations shall truthfully provide it and must not refuse; For those who clearly know that others have committed criminal acts of espionage but still refuse to provide it, the ** organ has the right to give a warning or administrative detention, and may also impose a fine. where a crime is constituted, criminal responsibility is pursued in accordance with law.
The sixth cup of "tea": illegally obtaining or possessing state secrets
State secrets refer to matters related to the security and interests of the state, determined in accordance with legal procedures, and limited to a certain range of persons for a certain period of time, and their production, transmission, use, reproduction, preservation, etc., are strictly regulated, and it is the legal obligation of citizens to keep state secrets. Those who illegally obtain or possess documents, data, materials, or items that are state secrets, which do not constitute a crime, shall be given a warning or administrative detention by the leading organs. where a crime is constituted, criminal responsibility is pursued in accordance with law.
The seventh cup of "tea": illegal production, sale, possession, and use of espionage equipment
No individual or organization may illegally produce, sell, possess, or use special espionage equipment that is specially needed for espionage activities. Special espionage equipment is to be confirmed by the competent departments in accordance with relevant state provisions. Special espionage equipment refers to the following equipment that is specially needed to carry out espionage activities: covert eavesdropping and photographic equipment; burst transceivers, one-time code books, cipher writing tools; electronic interception and interception equipment used to obtain intelligence; Other special espionage equipment. Where the illegal production, sale, possession, or use of special espionage equipment does not constitute a crime, the ** organ has the right to give a warning or administrative detention. where a crime is constituted, criminal responsibility is pursued in accordance with law.
The eighth cup of "tea": leaking state secrets of counterintelligence and intelligence work
Organs are the organs in charge of counter-espionage work, and are also important national intelligence agencies. According to the provisions of the "Counter-espionage Law" and the "National Intelligence Law", when citizens and organizations support and assist the work of *** organs in accordance with the law, they shall keep the state secrets and work secrets that they are aware of. Where state secrets related to counter-espionage or national intelligence work are leaked, the ** organ has the right to give warnings or administrative detention. where a crime is constituted, criminal responsibility is pursued in accordance with law.
The ninth cup of "tea": violating the decision to leave the country within the time limit
Where foreign personnel violate the "Counter-Espionage Law", the competent authorities may decide to leave the country within a time limit and decide on the period for which they are not allowed to enter the country. Those who fail to leave the country within the prescribed time limit may be repatriated. At the same time, in accordance with the relevant provisions of the Law on the Administration of Exit and Entry, according to the needs of maintenance, the authorities may restrict foreigners and foreign institutions from setting up residence or office space in certain areas; For those that have already been established, they may move out within a set period of time; For those who refuse to carry out the decision to move out within a set period of time, a warning is to be given and forced to evict them; where the circumstances are serious, the relevant responsible persons are to be given administrative detention.
The tenth cup of "tea": the commission of harmful acts other than espionage
The Counter-Espionage Law stipulates that ** organs shall perform their duties to prevent, stop, and punish harmful acts other than espionage in accordance with laws, administrative regulations, and relevant state provisions. Article 8 of the "Detailed Rules for the Implementation of the Counter-espionage Law" stipulates that there are eight other harmful acts other than espionage, and the organs have the right to pursue legal responsibility in accordance with the law.
Trap tips
In addition to the above 10 common situations, any other harmful behavior will also be punished by law. ** Organs exercise their powers and perform their duties in strict accordance with the "** Law", "Counter-espionage Law", "National Intelligence Law", "Criminal Procedure Law" and other laws and regulations.
Everyone is responsible, the whole society should firmly establish the overall concept, enhance the concept of the rule of law, consciously respect the law, study the law, abide by the law, abide by the relevant laws and regulations, and fulfill the legal obligation to maintain the law. Let's join hands to build a solid barrier for maintenance!