SPC Interpretation on False Information on Terrorism

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Chinese Title: 最高法编造虚假恐怖信息刑事司法解释全文

稿件来源: Legal daily – the rule of law network

Time of issue: 2013-09-29 10:33:32
Bomb-scare

Judicial Interpretation on Several Issues Regarding the Applicable Law for Trial of Criminal Cases of Fabrication or Intentional Transmission of False Information about Terrorism

  Article 1: Fabrication of information about terrorism, transmitting or allowing of such information to be transmitted, which seriously disrupts social order, shall be held to be the crime of 'fabricating false terrorist information' in accordance with article 291.1 of the Criminal Law.

Where information about terrorism that is clearly known to have been fabricated by others is intentionally transmitted, seriously disrupting social order, it shall be held to be the crime of 'intentionally transmitting false information about terrorism', in accordance with article 291.1 of the Criminal Law.

Article 2: In any of the following situations, fabricating or intentionally transmitting information about terrorism, shall be held to be 'serious disruption of social order' as provided in article 291.1 of the Criminal Law:

(1) Caused disorder or emergency evacuation procedures in an airport, bus station, port, commercial center, theater, stadium or other venue with a high concentration of people;

(2) Affected the normal operations of aircraft, trains, boats or other instruments of mass transit;

(3) Caused an interruption in the work, production, operations, tutelage, research or other activities of a work unit such as a state organ, school, hospital, factory or mining enterprise;

(4) Created serious disorder in the lives of residents of an administrative village or community;

(5) caused public security, armed police, fire departments, health and quarantine or other such professional departments to take emergency response measures;

(6) other serious disruptions of social order.

Article 3: In any of the following situations, fabrication or intentional transmission of false information about terrorism, which seriously disrupts social order, shall be given a severe discretionary punishment within the range of under 5 years imprisonment, in accordance with the provisions of article 291.1 of the Criminal Law:

(1) caused a flight to be diverted or to return; or caused trains, ships or other instruments of mass transit to interrupt operations;

(2) fabricated or intentionally transmitted false information about terrorism several times.

(3) caused direct economic losses of more than 200,000 yuan;

(4) has cause serious disorder in to the lives of residents across a village, township or street area.

(5) Where there are other discretionary aggravating circumstances.

Article 4: In any of the follow situtations, fabricating or intentionally transmitting false information on terrorism, which severely disrupts social order shall be held to be 'creating series consequences' as provided by article 291.1 of the Criminal Law, and punished with more than 5 years imprisonment:

(1) Caused minor injuries to 3 or more persons or serious injuries to 1 or more persons;

(2) Created direct economic losses of 500,000 yuan or more;

(3) Created serious disorder in the lives of residents over a county or larger scope.

(4) obstructed the implementation of a major state activity;

(5) Caused other serious consequences.

Article 5: Where fabrication or intentional dissemination of false information about terrorism, which seriously disrupts the social order, also constitutes another crime, it is punished as the more serious crime.

Article 6: "False information about terrorism," as used in this interpretation, refers to fabricated or deliberately transmitted untrue information that might bring about social panic or a public safety crisis and with content such as explosion threats, biochemical threats, radiation threats, aircraft hijacking threats, major disasters, major epidemics or other serious threat to public safety.

 

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