"Criminal Law Amendment (9) "to solve the differences of the scope in "Criminal Law" Article 253, paragraph 1, Expanded the scope of the subject saling or providing personal information of citizens illegally, but the differences of definition of personal information cause the difficult of definite the subject, it is important for us to definite the personal accurately.We can definite the personal information that can confirm the information of one certain people by itself or combining other private information.When the criminal of selling or illegally providing citizens' personal information also commits the crime of insult, it belongs to idealkonkurrenz, and should be punished with the felony. And when the crime is overlap with the article of bribery crime, it should apply the principle that special law is superior to the common law.The punishment of the subjects should distinguish public and non-public subjects. Illegal behaviors of mediamannetwork operator and specific industrial subjects should also be punished. The heavier punishment of the behaviors of selling and illegally providing citizens' personal information during the process of performing duties and providing service belongs to no real status crime, and should not be applied for non-status subjects. |