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We all know that if the communication fiber optic cable is damaged by man, it will be sentenced, because the economic loss caused by the fiber optic cable is huge during the period when the fiber optic cable is not repaired. In China, more serious incidents such as the destruction of the Yade cable and the destruction of the Luohe Unicom cable in Jicui VillageHutubiFiber optic cables and other serious incidents of the power supply bureau.
First of all, in our country, man-made destruction of optical cables is punishable by criminal punishment and imprisonment. According to our Criminal Code.
Article 124 stipulates that anyone who destroys a public communication optical cable and causes a certain amount of harm to social security shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and if the circumstances are more serious, he shall be sentenced to fixed-term imprisonment of not less than seven years. The state attaches great importance to the protection of optical cables, and if communication optical cables are vandalized, the saboteurs will suffer serious consequences. <>
The more serious incident is the destruction of the Yade Wire optical cable in 2008. At that time, the optical cable was destroyed, and the business north of Changbian was all interrupted.
Accidentally destroyed the optical cable, the superior immediately sent someone to repair it, although it had been repaired as quickly as possibleBut in a short period of time, 40,000 yuan has been lost. The geographical location where this fiber optic cable is located.
It is very important, as a choke point, it carries the information business of the vast area of Xinjiang, and the impact is great and the damage is also great.
The second is the Luohe Unicom incident, in which someone deliberately destroyed the optical cable. In this sabotage incident, it was not only the communication interruption in Jicui Village, but also the information interruption of more than 500 broadband households and more than 100 households in the vast area. It has had a devastating negative impact on the lives and communications of the residents affected this time.
There is also the incident of the destruction of the optical cable of the Hutubi Power Supply Bureau. Because it is in the period of urban renovation, during the work of the reference fiber optic cable, it was accidentally damaged,As a result, the business of the power supply bureau was completely interrupted, which greatly affected people's electricity consumption。Although not human-factored, these accidents are also caused by unreasonable management and negligence.
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There have been more serious incidents in our country, such as Tangshan, Wenchuan, and the southern snow disaster in 08, which have brought huge losses to our country.
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Legal analysis: If the negligent destruction of communication optical cables is caused, if the loss caused does not constitute a crime, an administrative penalty shall be imposed, and if a crime is constituted, it shall be punished according to the crime of destroying public telecommunication facilities.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 33: Those who commit any of the following acts are to be detained for between 10 and 15 days
1) Theft or damage of oil and gas pipelines and facilities, electric power and telecommunications facilities, radio and television facilities, water conservancy and flood control engineering facilities, or hydrological monitoring, surveying, meteorological surveying, environmental monitoring, geological monitoring, monitoring and other public facilities.
2) Moving or destroying boundary markers, boundary pillars, and other border markers, border installations, or territorial or territorial sea marker facilities at the national border.
3) Illegally carrying out activities that affect the direction of national (border) boundaries or building facilities that impede national (border) border management.
Criminal Law of the People's Republic of China》 Article 124 Whoever destroys radio and television facilities or public telecommunications facilities, endangering public safety, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and serious consequences are caused, shall be sentenced to fixed-term imprisonment of not less than seven years.
Whoever negligently commits the crime in the preceding paragraph is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and where the circumstances are more minor, is to be sentenced to up to three years imprisonment or short-term detention.
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According to the provisions of the law, the sabotage of communication optical cables in use is suspected of the crime of destroying radio and television facilities and public telecommunications facilities, and is sentenced to fixed-term imprisonment of not less than three years but not more than seven years depending on the specific circumstances; where serious consequences are caused, a sentence of not less than seven years imprisonment is to be given.
Legal basis: Article 124 of the Criminal Law.
Whoever destroys radio and television facilities or public telecommunications facilities] Whoever destroys radio and television facilities or public telecommunications facilities, endangering public safety, is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where serious consequences are caused, a sentence of not less than seven years imprisonment is to be given.
Whoever negligently commits the crime in the preceding paragraph is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment or short-term detention is to be given.
The so-called serious consequences are not limited to causing serious injury or death to a person or causing major damage to public or private property. The characteristics of this crime should be considered in light of the circumstances of the case, such as the nature and severity of the damaged communications equipment, the nature, duration, and scope of the communication disruption, and the direct harmful results, and so forth, and should be comprehensively considered and determined.
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The criteria for filing a case for sabotage of communication optical cables are: causing communication interruptions or serious obstacles such as fire, bandits, medical emergencies, disaster relief, etc., and thus delaying rescue, treatment, disaster relief, rescue, etc., resulting in the death of 1 person, seriously injuring 3 or more people, or causing property losses of more than 300,000 yuan, or causing more than 2,000 but less than 10,000 users to interrupt their communications for more than 1 hour, and other public telecommunications facilities that are interrupted for less than 1 hour due to large or more than 10,000 users. Anyone who destroys public telecommunications facilities and endangers public safety shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where serious consequences are caused, a sentence of not less than seven years imprisonment is to be given.
Article 124 of the Criminal Law of the People's Republic of China: Whoever destroys radio and television facilities or public telecommunications facilities, endangering public safety, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where serious consequences are caused, a sentence of not less than seven years imprisonment is to be given. Whoever negligently commits the crime in the preceding paragraph is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment or short-term detention is to be given.
Criminal Law of the People's Republic of China
Article 124.
Destroying radio and television facilities or public telecommunications facilities, endangering public safety, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;
where serious consequences are caused, a sentence of not less than seven years imprisonment is to be given.
Whoever negligently commits the crime in the preceding paragraph is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;
where the circumstances are more minor, a sentence of up to three years imprisonment or short-term detention is to be given.
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