Man installs equipment in hotel to secretly photograph 51 pairs of guests?Sentence!SPC issued guiding cases

2022-07-22 0 By

In recent years, there are many people secretly to the evil of the black hand into the hotel…This is an ordinary check-in passengers, but unwittingly became the leading role of “porn video”;A seemingly safe room was installed with a camera in a hidden corner such as an air conditioner.How to protect the privacy of personal private space?How to punish the stealthier behind?The Supreme People’s Procuratorate (SPP) issued the 34th batch of guiding cases On Sunday, among which the “Case of Qian making, selling and spreading obscene materials for profit” gave the answer — qian, who was born in 1990, had been detained for secretly filming his sexual behavior, but he was still unrepentant and came up with the idea of selling secretly filmed video files on the Internet for profit.In November 2017, Qian bought a number of camera equipment from the network, installed in a number of hotel rooms, has secretly filmed 51 pairs of guests in the sexual behavior, and editing, processing of the camera video files saved to the Internet cloud disk, through illegal websites, instant messaging software issued selling information.On May 9, 2018, the public security organs will be arrested Qian, and in the Internet cloud disk detected secretly filmed 114 videos.In addition, he provided Internet links for 182 times for other people to watch the sexual behaviors of check-in passengers in real time through the camera or download the candid video for a monthly fee.On July 26, 2019, the Jinjiang District People’s Court in Chengdu, Sichuan province, sentenced Qian to three years and six months in prison and fined him 5,000 yuan for making, selling and spreading obscene materials for profit.After the sentencing, Qian mou did not appeal, the verdict has taken effect.In recent years, there have been frequent incidents of tourists taking candid photos in hotels, which often lead to privacy security cannot be guaranteed. Although these cases seem to be “small cases”, they are “big things” for the parties, and also have important judicial practical significance. First, it clearly defines what is “obscene material” in judicial practice:The peace of a natural person’s private life and his private space, activities and information, which he does not want to be disturbed by others, shall be inviolable according to law.Sexual acts that take place in non-public Spaces such as hotels, hotels and b&Bs fall within the scope of privacy protection.The video that the actor secretly filmed his sexual behavior and spread through the Internet not only infringes on personal privacy, but also objectively depicts the lewdness of sexual behavior and promotes the harm of pornography, which is in line with the definition of “obscene materials” in criminal law.”Selling and disseminating behavior” refers to that the actor provides Internet links for payment, and others can watch them online in real time after payment. It is the same with the communication behavior of establishing and operating a “point-to-point” type Internet live broadcasting platform, and should be identified as selling and disseminating behavior.The second is to distinguish different cases, which may constitute different charges — if the actor illegally uses the equipment to spy on others’ privacy, but does not sell or spread it, if the related equipment is identified as special equipment for eavesdropping and stealing photos, and serious consequences are caused, criminal responsibility shall be investigated for the crime of illegally using special equipment for eavesdropping and stealing photos;If the perpetrator sells or disseminates the contents secretly filmed, he shall be investigated for criminal responsibility according to the crime with a heavier punishment.If an actor intrude into the background information system of a camera installed by himself or herself through remote control, pry into the private space and behavior of others, conduct remote control and watch by himself or herself, if the circumstances are serious, he or she shall be investigated for criminal responsibility for the crime of illegally controlling the computer information system;If the perpetrator, after hacking into the aforesaid computer information system, sells or disseminates the secretly filmed video, he shall be investigated for criminal responsibility according to the crime with a heavier punishment;If the perpetrator takes illegal possession of other people’s property for the purpose of obtaining other people’s privacy through candid photography, and then coerces others and obtains property, if the case constitutes a crime, criminal responsibility shall be investigated for the crime of extortion.If the above acts have not constituted a crime, they shall be severely investigated for their administrative illegal liabilities according to law.Third, destroy the grey industrial chain through social governance.Personal privacy is illegally collected, bought and sold, which has become the source of crimes such as telecom network fraud and network dissemination of obscene materials, and spawned a black and gray industry chain, which seriously interferes with citizens’ peace and property security and destroys social order.In handling similar cases, the procuratorial organs should analyze the loopholes in the management and system of the areas and fields where the cases occurred, study and put forward targeted and feasible procuratorial suggestions, urge relevant departments to formulate rules and regulations, plug loopholes and eliminate hidden dangers, and promote the improvement of social governance.In addition, “qiu mou infringe on the reputation of heroes and martyrs, honor case”, “the woman take express was fabricated private prosecution to turn public prosecution case”, “Yue mou insult case” and “ke mou infringe on citizens’ personal information case” and other typical cases are also issued together in the guidance case.Source: An Jian, director of the Central Political and Legal Commission