China News Service, June 30th, according to the website of the Supreme People's Procuratorate, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the National Immigration Administration jointly issued the "Opinions on Lawfully Punishing Illegal Crimes Obstructing State (Border) Management" (Legal Issued [2022] No. 18, hereinafter referred to as the "Opinions").
The "Opinions" further clarified the overall requirements, legal application and policy grasp of punishing crimes that obstruct national (border) management in accordance with the law.
The main contents are as follows:
The first is to play a functional role in punishing relevant crimes according to law.
At present, there is a high incidence of crimes that impede national (border) management, intertwined with cross-border gambling, telecommunication network fraud, and illegal and criminal activities in border areas such as drugs, smuggling, and violence and terrorism, and the harm is becoming more and more serious.
The "Opinions" require the people's courts, people's procuratorates, public security organs, and immigration management agencies to give full play to their functions, accurately identify illegal and criminal acts that impede national (border) management in accordance with the law, and intensify sanctions against organizers, transporters, key members of criminal groups, and repeaters. Punish the intensity of punishment for repeat offenders, and earnestly safeguard the state (border) management order and the legitimate rights and interests of the people.
The second is to focus on practical difficulties and refine the criteria for identifying relevant crimes.
In response to the new situation and new problems of crimes that interfere with national (border) management, the "Opinions" provide guidelines for the specific identification of various types of crimes that interfere with national (border) management in accordance with the provisions of the Criminal Law and relevant judicial interpretations.
Specifically, the "Opinions" apply to the crime of organizing others to cross the country (border) without permission, the conduct of transporting others to cross the country (border) without permission, the criminalization of the crime of illegally crossing the country (border), and The calculation of the "number of people" and "number of times" involved in relevant crimes has been clarified, to further standardize law enforcement and judicial standards, and to ensure the uniform and correct application of laws.
The third is to standardize the handling of cases and improve the rules of jurisdiction and evidence.
In view of the characteristics of the crime of obstructing national (border) management, such as the large span of regions, the long chain of actions, and the scattered persons involved, the "Opinions" clarifies the determination of the place of crime, the handling of jurisdictional disputes, and the rules for merging cases, etc., and regulates the conduct of relevant cases. Investigation and follow-up processing, and further strict procedural requirements for case handling.
In response to the problems reflected in the current handling of cases of obstructing national (border) border management, the "Opinions" stipulates the determination of subjective knowledge, the collection and use of overseas evidence materials, etc., and regulates the collection, extraction, review and judgment of relevant evidence.
The fourth is to highlight the key points of punishment and implement the criminal policy of combining leniency with strictness.
The "Opinions" insist on differentiated treatment, severely punish the crime of organizing others to cross the country (border) border illegally and the crime of transporting others to cross the country (border) border illegally, insist on punishment in the whole chain, all links, and the whole process, and constantly squeeze the criminals of such crimes. Breeding and spreading space.
At the same time, it is required that according to the specific circumstances of the case, comprehensively consider the number of people involved, illegal gains, previous convictions, impact or consequences, etc., to properly assess the social harm, accurately identify the crime and determine the penalty, and ensure that the culpability and punishment are appropriate.
In the next step, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the National Immigration Administration will guide the local people's courts, people's procuratorates, public security organs and immigration management agencies at all levels to strictly implement the Criminal Law, the Exit and Entry Management Law and related regulations, and ensure accurate and accurate implementation. Grasp the policy requirements for handling cases, punish crimes that obstruct national (border) border management in accordance with the law, effectively safeguard national (border) border security, and effectively protect the legitimate rights and interests of the people.