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Is the overseas phone call an information leak?
Legal basis: Article 253rd one of the Criminal Law of People's Republic of China (PRC).
The crime of infringing citizens' personal information violates the relevant provisions of the state and sells or provides citizens' personal information to others. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever, in violation of the relevant provisions of the state, sells or provides others with personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph.
Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding three paragraphs.
What are the main elements of the crime of infringing citizens' personal information?
1, the object of infringement is the security of citizens' personal identity information and the order of citizenship management;
2. Objectively speaking, the actor collects citizens' personal information by stealing or buying, and the circumstances are serious;
3. The criminal subject, the general subject and the unit can all constitute the crime of infringing citizens' personal information;
4. Subjectively and intentionally.
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