Is it illegal to buy a miniature surveillance camera?

It is not illegal to buy it privately and use it properly, but it is illegal for the seller. Pinhole cameras are different from video cameras used at home. Pinhole cameras have strong concealment, so they are controlled by the state. It is illegal to sell without permission, but it is not illegal to buy. If used in an illegal way, it is illegal.

Needle camera, that is, ultra-miniature surveillance camera. Its shooting diameter is really only as big as a needle, while the camera is only about a dime. A misunderstanding about the stylus camera is that people often associate the words "sneak shot" and "unannounced visit" with it, which is followed by a strong sense of insecurity. However, in fact, in most cases, needle cameras are used to protect people's lives, property and privacy, rather than playing the opposite role. For example: reporters make unannounced visits to investigate and inspect, police make unannounced visits to collect evidence, and so on.

Constitutive elements of the crime of illegally using special equipment for eavesdropping and stealing photos

Theme element

The subject of this crime is the general subject, that is, a natural person who has reached the age of criminal responsibility and has criminal responsibility ability becomes the subject of this crime.

Object element

The object of this crime is the state's management order of special equipment for eavesdropping and stealing photos. According to the National Security Law and other laws and regulations, no organization or individual may illegally hold or use special spy equipment such as eavesdropping and stealing photos. Therefore, in our country, it is generally forbidden to hold and use the special equipment for eavesdropping and stealing photos. Unless the law specifically authorizes it, it is illegal to hold or use it. If it is really necessary for the relevant authorities, the specific use procedures should be strictly restricted. For example, Article 10 of the National Security Law stipulates that the national security organs may take technical reconnaissance measures after strict approval procedures in accordance with relevant state regulations for the purpose of detecting acts endangering national security. Article 33 stipulates that the public security organs shall apply the relevant provisions of this law when performing national security tasks. The purpose of these procedural provisions is to prevent the relevant authorities from abusing state power and infringing on citizens' rights. All these laws, regulations and other normative documents constitute the state's management order for special equipment for eavesdropping and stealing photos. Eavesdropping refers to secretly eavesdropping and secretly photographing other people's speeches and actions, and secretly photographing other people's behaviors. Eavesdropping includes not only the actor himself, but also the actor using various tools to eavesdrop and sneak shots. Sneaking is taking pictures with all kinds of photographic equipment. Eavesdropping and stealing photos are related to citizens' personal privacy, freedom of life and the right of enterprises and institutions to conduct business activities independently without illegal interference, so unless it is implemented by the competent department according to law, it is illegal. But generally speaking, if the perpetrator eavesdrops in person, or takes photos or sneak shots with ordinary equipment, the harm will not be too great due to the limited conditions. Therefore, if this law does not consider it a crime and constitutes an administrative violation or civil infringement, it shall bear corresponding administrative or civil liabilities. Those who use special equipment to eavesdrop and steal photos are extremely destructive, posing a great threat to citizens' freedom of life and the normal business activities of enterprises and institutions. At the same time, if some lawless elements use special equipment for eavesdropping and stealing photos to carry out activities that endanger national security, it will harm national security and interests.

subjective factor

The subjective aspect of this crime is intentional, and negligence does not constitute this crime. In judicial practice, the act of eavesdropping and stealing photos is usually for some illegal purpose, while others are out of curiosity. No matter what the purpose and motivation of the actor are, it will not affect the establishment of this crime.

Objective elements

The objective aspect of this crime is the illegal use of special equipment for eavesdropping and stealing photos, which has caused serious consequences. Special equipment for eavesdropping and stealing photos is an important means used in technical reconnaissance. Technical reconnaissance refers to the measures taken by the relevant state departments to detect criminal cases, discover crimes and find evidence of crimes by using modern scientific and technological means according to law. The relevant departments of the state may, according to the relevant provisions of the state, go through strict examination and approval procedures and take technical reconnaissance measures. Any unauthorized use of special equipment for eavesdropping and sneak shots is against the regulations. It mainly includes two situations: first, the right to use the special equipment for eavesdropping and stealing photos, and the unauthorized use of the special equipment for eavesdropping and stealing photos; Second, unauthorized use of special equipment for eavesdropping and stealing photos. It does not constitute this crime that the actor illegally eavesdrops or steals photos by using ordinary recording and photographic equipment.

Illegal use refers to illegal eavesdropping and stealing photos. The special equipment for eavesdropping and stealing photos is a special tool for secretly monitoring, recording and shooting images, so illegal use refers to illegal eavesdropping and stealing photos by using the special equipment for eavesdropping and stealing photos. If you use special equipment for eavesdropping and stealing photos to record and shoot images in public, it may be illegal for him to possess special equipment for eavesdropping and stealing photos, but his use does not belong to the objective aspect of this crime. Illegal eavesdropping refers to the illegal use of special eavesdropping equipment to secretly monitor the conversations and actions of eavesdroppers. The monitoring objects can be China citizens, foreigners, stateless persons, enterprises and institutions. The content of monitoring includes private conversations, telephone calls, daily life and meetings. Of course, if the actor uses special eavesdropping equipment to eavesdrop on state secrets, it constitutes a crime of disturbing state secrets.

Illegal sneak shot refers to the behavior that the actor illegally uses the special equipment for sneak shot to sneak shot and record other people's activities or other targets. The objects of candid photos include daily life, personal communication activities and business activities of enterprises and institutions. If the actor uses special equipment to sneak shots or steal state secrets, it constitutes a crime of disturbing state secrets.

This crime is consequential, and only the illegal use of special equipment for eavesdropping and stealing photos, which causes serious consequences, constitutes this crime. The so-called serious consequences refer to the situation that the object of eavesdropping or stealing photos is injured or killed, and suffers heavy property losses, which seriously damages the political interests of the country. The serious consequences here refer to the harmful results related to the actor's eavesdropping and stealing photos. The relationship between behavior and result can be direct causality or indirect causality.

legal ground

Criminal law of the people's Republic of China

Article 283 Whoever illegally produces or sells special equipment for spies or special equipment for eavesdropping or stealing photos shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are 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.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.