How to punish people who are caught in base stations?

The law stipulates that a pseudo base station will be sentenced if it is caught, but not all such acts need to be sentenced. We can judge whether it is harmful to society from the number of short messages sent by pseudo base station equipment and the scope of users' use. If it meets the standard of endangering public safety, it can be punished.

1. Does the law stipulate that if a pseudo base station is caught, it will be sentenced?

The law stipulates that a pseudo base station will be sentenced if it is caught, but not all such acts need to be sentenced. Illegal use of "pseudo base station" equipment to interfere with public telecommunication network signals and endanger public safety shall be investigated for criminal responsibility for the crime of destroying public telecommunication facilities in accordance with the provisions of the first paragraph of Article 124 of the Criminal Law. It can be seen that this provision is relatively principled and general, and lacks the operability of judicial practice.

From the practical operability, we can identify the standard of "endangering public safety" from the number of short messages sent by "pseudo base station" equipment and the range of mobile phone users. On the one hand, the above content has convenient conditions for obtaining evidence. On the other hand, it is more intuitive and convenient to judge the degree of behavior that endangers the stability and tranquility of public life by the number of short messages sent and the range of mobile phone users.

Second, how to regulate the behavior that does not reach the level of endangering public safety?

Illegal use of "pseudo base station" equipment to send short messages and engage in advertising short messages, although disturbing the signals of public telecommunication networks, does not meet the standards of endangering public safety, and still has great social harm and should be regulated by criminal law. How to convict and punish this kind of behavior is not covered. It only stipulates that "those who constitute the crime of false advertising, the crime of illegally obtaining citizens' personal information, the crime of destroying computer information systems, and the crime of disturbing the order of radio communication management shall be investigated for criminal responsibility in accordance with the provisions of heavier punishment". In this case, it should be recognized as the crime of illegally controlling the computer information system.

First of all, the mobile phone that uses the "pseudo base station" equipment for illegal activities belongs to the computer information system. Mobile phones belong to communication equipment, and most of the mobile phones we use at present are smart phones. According to Article 11 of the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering the Security of Computer Information Systems (hereinafter referred to as the Interpretation), mobile phones should belong to the category of computer information systems.

Secondly, from an objective point of view, the behavior of the actor using the "pseudo base station" equipment to control the mobile phone is mainly manifested in three aspects: First, he uses his power advantage to forcibly establish a connection with the target user, and obtains important identity information such as mobile phone number, mobile phone IMSI code and IMEI code in the process. After the "pseudo base station" equipment obtains the above two identification codes, it can send a short message with non-repetitive content to the target user's mobile phone at will to control the mobile phone. Second, the interruption between mobile phone users and the mobile communication enterprise network has caused the services provided by operators to be unable to be used normally, and some mobile phone users even have to go through the on-off procedure before they can re-enter the network. 3. Send short messages of any content without the consent of the mobile phone user and force them to be received.

The crime of illegally controlling computer information system regulates the behavior that infringes the security of general computer system. It is considered as this crime to send short messages in groups by using "pseudo base station" equipment, which is in line with the requirements of fairness of criminal law and the need to combat crime. At the same time, Article 3 of the Interpretation clearly quantifies the serious illegal control of computer information systems, that is, "illegally controlling more than 20 computers" can be used as a crime to punish the use of "pseudo base stations" to send short messages, which has strong operability in investigating and collecting evidence and accusing crimes.

In contemporary society, whether using pseudo base stations or illegally selling pseudo base stations will constitute a criminal act must be judged in strict accordance with the provisions of China's criminal law. For example, if the use of pseudo base stations has reached the act of endangering public safety, it is necessary to be convicted and sentenced to certain penalties.