Interpretation of the Supreme People's court, the Supreme People's Procuratorate "on the handling of some issues concerning the application of law of criminal cases of smuggling"
According to the actual situation of perfect conviction and sentencing standards
Classification by the power source of guns as standard, can reflect the degree of severity of harm to society determines the spirit of crime
Simulation of gun smuggling, tool of control behavior to smuggling national prohibiting the import and export of goods, articles and more accurate punishment crime
Determination of smuggling ordinary goods, goods crime amount standard, should pay attention to embody the spirit of legislation and to adapt to the situation of economic and social development, pay attention to maintaining a reasonable differential convicted sentencing criteria and the balance gear sentencing range of amount standard and approximate
As the criminal law amendment (seven), criminal law amendment (eight) implementation, in 2000 the Supreme People's court "interpretation concerning some issues on the specific application of law in the trial of criminal cases of smuggling" (hereinafter referred to as "smuggling explain (a)") in 2006, the Supreme People's court "interpretation of several issues concerning the specific application of law in the trial of criminal cases of smuggling (two)" (hereinafter referred to as "smuggling interpretation (two)") the judicial interpretation of the relevant provisions need to make corresponding adjustments and modifications. At the same time, reflecting the judiciary at all levels, in handling criminal cases of smuggling has some problem of the applicable law, should establish judicial interpretation should be clear. Recently, the Supreme People's court, the Supreme People's Procuratorate (hereinafter referred to as the "two high") jointly issued "on the handling of criminal cases of smuggling some issues of applicable law the explanation of" (hereinafter referred to as "interpretation"), shall enter into force as of September 10, 2014. For easy to understand and grasp the basic spirit of "interpretation" and the main content, we will "explain" modify, add to unscramble the main content is as follows.
About the smuggling of weapons, ammunition
"The standard of conviction and sentencing interpretation" first has been clear the smuggling of weapons, ammunition. The provisions of this article will explain (a) "smuggling", "smuggling interpretation (two)" provisions on smuggling weapons, ammunition, conviction and sentencing standards for the merger, and according to the practice of "smuggling explain (a)" reflect the more prominent problem as follows and adjustment.
On the gun is no longer the "protection", "non military" to classify, but will be divided into "gun powder powered guns firing bullets" and "non powder with compressed gas as power shot" guns. On two types of firearms prescribed respectively different sentencing standards, "powder powered guns firing bullets" use "smuggling explain (a)" in the "military firearms" sentencing standards, "with compressed gas and other non powder powered guns firing bullets" use "non military firearms" sentencing standards. Main considerations: first, in conformity with the provisions of gun control. According to this method, the gun refers to the gunpowder or compressed gas as power, with a barrel for emission metal bullets or other substances, all kinds of guns to causing death or loss of consciousness. "Protection" and "non military" classification to use as the standard, the classification is not in conformity with the gun control laws to the power source of guns as standard, it is necessary to make the corresponding revision. Two is to accord with the criminal law to the harm degree to determine the severity of the spirit of social crime. Classification by the power source of guns as standard, can reflect the degree of harm to society of criminal law to decide the severity of the spirit of crime. The three is in line with the actual situation of a criminal case of smuggling. In practice, according to the provisions of the public security organs involved in the 2010 "provisions" guns and ammunition performance appraisal work, involving guns on only as a "system" and "informal" identification, not as "protection" and "non military" identification. The guns "system" and "informal" classified by whether it is "in accordance with the national standards or the Ministry of public security, the army issued a tactical and technical index requirements, approved by the relevant departments of the state or the forces shaping" as a standard, to smuggling guns with overseas "standard" and "informal" classification, not in line with the actual situation of smuggling gun crime case, easy to law enforcement problems.
The bullet accordingly is no longer the "protection" and "non military" to classification, but is divided into "lead pellet" and "the other bullet". On two kinds of bullets out different sentencing standards, "lead pellet" by the Supreme People's court "on hearing the illegal manufacture, trading and transport of guns, ammunition, explosives and other criminal cases in the specific application of the law interpretation of several issues" in the "lead pellet" sentencing standards, "the other bullet" in use "protection the bullet" sentencing standards. The main consideration: "to the compressed gas non powder as the main use of dynamic firing bullets" guns "lead pellet, lethality, little harm. But from the judicial practice of the seized smuggling lead pellet cases, is for reasons of personal hobbies, and lead pellet volume smaller, often seized a large quantity, it is necessary to separate provisions of sentencing standards. "Powder powered firing bullets" gun bullets and "military ammunition in lethality, harmfulness basic quite, can continue to use the" military bullets "sentencing standards.
