The Internet hot phrase "Please drink tea" has been given the meaning of "being interviewed or under investigation for suspected illegal crimes" by netizens. Laws and regulations such as the Criminal Procedure Law and the Counterespionage Law give national security agencies criminal and administrative law enforcement powers. So under what circumstances will you be "invited to have tea" by the national security agency? We have sorted out the 10 main scenarios below.
The first cup of "tea": suspected of crimes endangering national security
In handling cases of crimes endangering national security, national security organs shall exercise investigation, detention, pre-trial and execution of arrests and other powers prescribed by law in accordance with the law. If suspected of committing a crime endangering national security, the national security organs will file a case for investigation on the criminal suspect, take criminal coercive measures such as summons and detention and interrogation and other investigative measures in accordance with the law, and collect and obtain information on whether the criminal suspect is guilty or not guilty, the crime is minor, or the crime is minor. heavy evidentiary material.
The second cup of tea: spying or helping
If national security organs commit espionage or assisting others (that is, knowingly knowing that others are committing espionage, providing them with information, funds, materials, services, technology, venues, etc. support and assistance, or harboring or sheltering them), they shall be prosecuted in accordance with the law. A warning or administrative detention may be imposed, or a fine may be imposed alone or in combination, and may be punished by relevant departments in accordance with the law. If a unit commits the above two types of behavior, the unit and its relevant responsible personnel will be given warnings, fines and other penalties. In addition, based on the circumstances and consequences of the violation, it may also be recommended that the competent authorities take administrative measures such as ordering the relevant units and personnel to suspend production and business, revoking relevant licenses, etc. in accordance with the law.
The third cup of "tea": Failure to implement the main responsibility for counter-espionage security prevention
A special chapter of the "Counterespionage Law" stipulates the main responsibilities and related obligations of security prevention. For those who fail to perform statutory obligations as required, the national security agency may order them to make corrections; for those who fail to make corrections as required, they may interview the relevant person in charge and, if necessary, notify the superior department of the unit of the interview; if any harmful consequences or adverse consequences occur, they may If the circumstances are serious, the relevant departments will impose sanctions in accordance with the law.
The fourth cup of tea: Violation of construction project permits involving national security matters
"Construction Project Licensing Involving National Security Matters" is an administrative licensing work implemented by the national security agency in accordance with the "Counterespionage Law". Its main responsibility is to approve and supervise construction projects in security control areas around key units, and to promptly discover Prevent overseas espionage and intelligence agencies from using relevant construction projects to carry out espionage activities. The national security organs have the right to order corrections and give warnings to those who illegally build, renovate, or expand construction projects within safety control areas; if they refuse to make corrections or the circumstances are serious, they may order them to stop construction or use, temporarily withhold or revoke their licenses, or make recommendations. The competent authorities will handle the matter in accordance with the law.
The fifth cup of "tea": Refusing to cooperate with espionage investigations
All citizens and organizations should support and assist counterintelligence work in accordance with the law. When national security agencies investigate and understand espionage-related activities and collect relevant evidence, relevant individuals and organizations must provide truthfully and shall not refuse; if they know that others have committed espionage crimes but still refuse to provide them, national security agencies have the right to issue a warning or administrative detention , and a fine may be imposed. Constitute a crime, be held criminally responsible.
The sixth cup of tea: illegally obtaining or holding state secrets
State secrets refer to matters related to the security and interests of the country, determined in accordance with legal procedures, and limited to a certain range of personnel within a certain period of time. There are strict regulations on their production, transmission, use, copying, and preservation. Keeping state secrets is Legal obligations of citizens. Anyone who illegally obtains or holds documents, data, materials, or items that are state secrets and does not constitute a crime will be given a warning or administrative detention by the national security agency. Constitute a crime, be held criminally responsible.
The seventh cup of "tea": illegal production, sale, possession and use of spy equipment
No individual or organization may illegally produce, sell, possess, or use special spy equipment specifically required for espionage activities. Special spy equipment shall be confirmed by the national security department of the State Council in accordance with relevant national regulations. Special spy equipment refers to the following equipment specially needed for espionage activities: hidden eavesdropping and photo-taking equipment; burst transmitter and receiver, one-time code pads, and steganography tools; electronic monitoring and interception equipment used to obtain intelligence; Other specialized spy equipment. If the illegal production, sale, possession, or use of special spy equipment does not constitute a crime, the national security organs have the right to give a warning or administrative detention. Constitute a crime, be held criminally responsible.
The Eighth Cup of Tea: Leaking State Secrets of Counterintelligence and Intelligence Work
The national security agency is the competent authority for counterintelligence work and is also an important national intelligence agency. According to the provisions of the Counterespionage Law and the National Intelligence Law, when citizens and organizations support and assist the work of national security agencies in accordance with the law, they must keep the state secrets and work secrets they know. For those who leak state secrets related to counterintelligence work and national intelligence work, the national security organs have the right to give warnings or administrative detention. Constitute a crime, be held criminally responsible.
The ninth cup of "tea": Violation of the deadline for leaving the country and other decisions
If overseas personnel violate the Counterespionage Law, the national security department of the State Council may decide to leave the country within a time limit and determine the period during which they are not allowed to enter the country. Those who fail to leave the country within the prescribed time limit can be deported. At the same time, in accordance with the relevant provisions of the Exit and Entry Administration Law and the need to maintain national security, national security agencies may restrict foreigners and foreign institutions from setting up residence or offices in certain areas; those who have already been established may be relocated within a time limit; those who refuse to do so may If the decision to evict within a time limit is not implemented, a warning will be given and forced eviction will be given; if the case is serious, the relevant responsible persons will be subject to administrative detention.
The tenth cup of tea: committing acts other than espionage that endanger national security
The Counterespionage Law stipulates that national security agencies shall, in accordance with laws, administrative regulations and relevant national regulations, perform their duties to prevent, stop and punish acts other than espionage that endanger national security. Article 8 of the "Details for the Implementation of the Counterespionage Law" stipulates eight types of other acts endangering national security other than espionage, and national security agencies have the right to pursue legal liability in accordance with the law.
National security agency reminder
In addition to the above 10 common situations, any other behavior that endangers national security will also be punished by law. National security agencies exercise their powers and perform their duties in strict accordance with laws and regulations such as the National Security Law, the Counterespionage Law, the National Intelligence Law, and the Criminal Procedure Law.
National security is everyone’s responsibility. The whole society should firmly establish an overall national security concept, strengthen the concept of national security and the rule of law, consciously respect the law, learn the law, abide by the law and use it, abide by laws and regulations related to national security, and perform legal obligations to safeguard national security. Any individual or organization shall implement Illegal and criminal acts that endanger national security will be severely punished by law. Let us join hands to build a solid barrier to safeguard national security!
Source: Ministry of National Security WeChat official account