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What should I do if I have committed espionage and surrendered myself or made meritorious deeds?
The elements of the crime of espionage are as follows:
1, object elements, the object of this crime is the national security of People's Republic of China (PRC);
2, objective elements, this crime is objectively manifested as joining a spy organization or accepting the task of a spy organization and its agents, or instructing the enemy to bomb the target;
3. Subject elements: the subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute the subject of this crime, which can be China citizens, foreigners and stateless persons;
4. Subjective elements. This crime is intentional in subjective aspects.
The acts that constitute the crime of espionage mainly include the following:
1. Join the spy organization, become a member of the spy organization and act as a spy;
2. Accept the tasks of spy organizations and their agents;
Instruct the enemy to bomb the target.
The sentencing standards for espionage are as follows:
1. Whoever commits this crime is generally sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment;
2. If the circumstances of the crime are minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years according to law.
To sum up, criminals who commit espionage but make meritorious deeds and surrender themselves can be given a lighter, mitigated or exempted punishment; Those who have made significant meritorious service shall be rewarded.
Legal basis:
Article 55 of the Anti-Spy Law of the People's Republic of China
Anyone who surrenders himself or performs meritorious service in espionage can be given a lighter, mitigated or exempted punishment; Those who have made significant meritorious service shall be rewarded.
Those who are coerced or lured into participating in foreign spy organizations or hostile organizations, engaging in activities that endanger People's Republic of China (PRC)'s national security, and truthfully explaining the situation to People's Republic of China (PRC)'s overseas institutions in a timely manner, or truthfully explaining the situation to the state security organs directly or through their units after entering the country, who show repentance, may not be investigated.
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