What is the subject of treason?

the subject of the crime of treason is a special subject, which is the staff of state organs and those who hold state secrets. State functionaries refer to those who are engaged in official duties in state organs, including state power organs, administrative organs, judicial organs and procuratorial organs according to law.

first, who is the subject of the crime of treason

The subject is a special subject, that is, mainly the staff of state organs. According to the second paragraph of Article 19 of the Code, state functionaries who hold state secrets can also constitute the subject of this crime.

Second, how to identify the crime of desertion

The identification of the crime of desertion is mainly from the following aspects:

(1) The difference between the crime of desertion and the crime of betraying the country

The crime of desertion is manifested as defection abroad or defection abroad, and it also has the nature of betraying the motherland, but the crime of desertion is quite different, mainly in the following aspects:

1. The subject of this crime must be the staff of state organs; The subject of the crime of betraying the country can be as long as it is a transnational citizen.

2. There are differences in objective aspects. The objective behavior of this crime is to defect abroad or to defect abroad during the performance of official duties, endangering the national security and behavior of the Chinese people; The crime of betraying the country is manifested as colluding with foreign countries and endangering the sovereignty, territorial integrity and security of the Chinese people.

(2) Differences from the crime of desertion by soldiers

The two subjects are different. One is the staff of state organs; One is a soldier.

(3) Difference from crossing the border illegally

The purpose of the crime is different, and the subject identity is different. Those who commit the crime of desertion and steal across the country (border) belong to the crime of absorption.

(4) Difference from the crime of defection to the enemy

The so-called crime of defection to the enemy refers to the act of going to the enemy camp and serving him, or surrendering to the enemy after being arrested or captured. Both the crime of defection and the crime of desertion have the nature of betraying the motherland, but there are essential differences between them, mainly in the following aspects: First, the subject of the crime is different. This crime can only be committed by the staff of state organs; The subject of the crime of defection is China citizens. Second, it is different in objective aspects. This crime is manifested in the act of defecting abroad or defecting abroad during the performance of official duties; The crime of defecting to the enemy is manifested as the act of defecting to the enemy camp or surrendering to the enemy. The key to the difference between the two is that this crime is only to defect abroad, but not to take refuge in the enemy; The crime of defection is mainly to take refuge in the enemy, and to defect, but not necessarily to the enemy abroad.

(5) Crime and non-crime

Whether the key to distinguish crime from non-crime is the staff of state organs and those who hold state secrets; Whether the defection is enough to endanger the safety of the Chinese people and the country.

I hope the above contents can help you. If you have any other questions, please consult a professional lawyer.

Legal basis: Article 19 of the Criminal Law of the People's Republic of China

Any functionary of a state organ who, while performing official duties, leaves his post without permission, defected abroad or defected abroad, thus endangering the security of the Chinese people and the country, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.

any state functionary who holds state secrets who commits the crime mentioned in the preceding paragraph shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.