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全国人民代表大会常务委员会关于严惩组织、运送他人偷越国(边)境犯罪的补充规定 SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS REGARDING SEVERELY PUNISHING THE CRIMES OF ORGANIZING AND TRANSPORTING ANOTHER PERSON TO SECRETLY CROSS THE NATIONAL BOUNDARY(BORDERLINE)

2006-05-16 19:28   我要纠错 | 打印 | 收藏 | | |

(Adopted at the Sixth Meeting of the Standing Committee of the Eighth National People's Congress on March 5,1994, promulgated by Order No. 19 of the President of the People's Republic of China on March 5, 1994) (Editor's Note: In accordance with the provisions of Article 452 of the Criminal Law of the People's Republic of China revised at the Fifth Session of the Eighth National People's Congress on March 14, 1997, and effective on October 1, 1997, the provisions regarding administrative penalties and administrative measures in this Decision shall continue to be in force and the provisions regarding criminal liability have been incorporated into the revised Criminal Law)
颁布日期:19940305  实施日期:19940305  颁布单位:全国人大常委会

  In order to severely punish the criminal who organizes and transports the other persons to secretly cross the national boundary(borderline) (hereinafter referred to as secretly cross the national boundary(borderline)), prevent the criminal activities of secretly cross the national boundary(borderline), maintain the order of exit and entry administration, the following supplementary provisions to the criminal law are made:

  1. Whoever organizes the other persons to secretly cross the national boundary(borderline) shall be sentenced to fixed-term imprisonment of more than two years and less than seven years, and may concurrently be sentenced to a fine; whoever in one of the following circumstances shall be sentenced to fixed-term imprisonment of more than seven years or life imprisonment, and may concurrently be sentenced to a fine or confiscation of property:

  (1) the principal criminal of the group which organizing the other persons to secretly cross the national boundary(borderline);

  (2) whoever organizes the other persons to secretly cross the national boundary(borderline) for many times or organizes many persons to secretly cross the national boundary(borderline);

  (3) whoever causes severe bodily injury or death to the organized persons;

  (4) whoever deprives or limits the organized person's personal freedom;

  (5) whoever resists the inspection by means of force or threat;

  (6) whoever gets a huge amount of illegal income;

  (7) whoever is in any other especially severe circumstances.

  Whoever kills, injures, rapes or sells the organized persons, or kills or injures the inspectors may be sentenced to death in accordance with the provisions of the law.

  2. Whoever, in the name of labor export, foreign trade or others, deceptively gets passport, visa and other exit certificate for the use of organizing the other persons to secretly cross the national boundary(borderline), shall be punished in accordance with Article 1 of these Provisions.

  If any organization commits the crime mentioned in the preceding paragraph, it shall be sentenced to a fine. The chief person-in-direct-charge and other direct offender shall be punished in accordance with Article 1 of these Provisions.

  3. Whoever provides the other persons with the forged or altered passport, visa and any other exit and entry certificate, or sells passport, visa and any other exit and entry certificate, shall be sentenced to fixed-term imprisonment of less than 5 years and shall concurrently be sentenced to a fine; where in severe circumstances, the offender shall be sentenced to fixed-term imprisonment of more than five years and shall concurrently be sentenced to a fine.

  4. Whoever transports the other persons to secretly cross the national boundary(borderline) shall be sentenced to fixed-term imprisonment of less than five years, criminal detention or public surveillance; whoever in one of the following circumstances shall be sentenced to fixed-term imprisonment of more than five years and less than ten years, and may concurrently be sentenced to a fine:

  (1) whoever transports the other persons to secretly cross the national boundary(borderline) for many times or transports many persons to secretly cross the national boundary(borderline);

  (2) the relevant vessel, vehicle and other traffic tool for use is lack of necessary safe conditions, and it is sufficient to cause severe consequences;

  (3) whoever gets a huge amount of illegal income;

  (4) whoever is in any other especially severe circumstances.

  Whoever causes severe bodily injury or death to the transported person during the transportation, or resists the inspection by means of force or threat, shall be sentenced to fixed-term imprisonment of more than seven years and may concurrently be sentenced to a fine.

  Whoever kills, injures, rapes or sells the transported persons or kills or injures the inspector may be sentenced to death in accordance with the provision of the law.

  Whoever transports the other persons to secretly cross the national boundary(borderline) in a minor circumstance and is not severe enough to be sentenced, shall be placed in detention for not more than 15 days by a public security organ and may concurrently be fined more than 5 thousand yuan and less than 50 thousand yuan.

  5. Whoever secretly crosses the national boundary( borderline) may be placed in detention for not more than 15 days by a public security organ, and may be separately or concurrently fined more 1 thousand yuan and less than 5 thousand yuan; whoever in severe circumstances shall be sentenced to fixed-term imprisonment of less than two years or criminal detention, and shall be concurrently sentenced to a fine.

  6. Where a state functionary charged with handling passport, visa and other exit and entry certificate knows somebody wants to secretly cross the national boundary(borderline) and still handles the exit and entry certificate for him; where a state functionary charged with frontier defence, customs and so on knows somebody is secretly crossing the national boundary(borderline) and still permits him to exit, he shall be sentenced to fixed-term imprisonment of less than three years, criminal detention or public surveillance; in severe circumstances, he shall be sentenced to more than three years and less than ten years.

  Conspiring with the criminal who organizes and transports the other persons to secretly cross the national boundary(borderline), in committing the activities mentioned in the preceding paragraph, shall be punished in accordance with the provisions of Article 1 and Article 4 of these Provisions.

  7. All of the illegal income derived from violating these Provisions, the traffic and communication tools, devices and other goods or properties which are used, owned by the criminal or which are owned by somebody but are provided with the criminal, shall be confiscated.

  8. These Provisions shall go into effect as of the date of promulgation.

  Appendix: The Relevant Articles of Law

  1. Criminal Law of the People's Republic of China

  Article 132. Whoever intentionally commits homicide shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than ten years; if the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

  Article 134. Whoever intentionally inflicts bodily injury upon another person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

  Whoever, by committing the crime mentioned in the preceding paragraph, causes severe bodily injury to another person shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; if he causes a person's death, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment. Where this law has other provisions, such provisions shall prevail.

  Article 139. Whoever rapes a woman by force, threat or other means shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

  Whoever has sexual relations with a girl under the age of 14 shall be deemed to have committed rape and shall be given a heavier punishment.

  If the circumstances of a crime mentioned in the preceding two paragraphs are especially serious or a person's serious bodily injury or death has been caused, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

  If two or more persons commit rape and violate the same victim in succession, they shall be given a heavier punishment.

  2. Decision of the Standing committee of the National People's Congress Concerning the Severe Punishment of Criminals Who Seriously Endanger Public Security……,

  1. Punishment above the maximum punishment stipulated in the Criminal Law, up to and including death sentences, may be inflicted on the following criminals who seriously endanger public security:……, (2) whoever intentionally inflicts serious bodily injury upon another person or causes the person's death, if the circumstances are flagrant, or whoever commits violence and injures a state functionary or citizen who has accused, exposed or arrested a criminal or stopped a criminal act.

  3. Decision of the Standing Committee of the National People's Congress Regarding the Severe Punishment of Criminals Who Abduct, Sell or Kidnap Woman or Child

  1. Whoever abducts, sells woman or child shall be sentenced to fixed-term imprisonment of not less than ten years and may concurrently be sentenced to a fine of less than 10 thousand yuan; in one of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and may concurrently be sentenced to a fine of less than 10 thousand yuan or confiscation of property; if the circumstances are especially serious, the offender shall be sentenced to death and may concurrently be sentenced to confiscation of property:……,

  (4) whoever entices or enforces the abducted woman to prostitute herself or sells the abducted woman to other person who enforces the abducted woman to prostitute herself;

  (5) whoever causes severe bodily injury, death or any other severe consequences to the abducted woman, child or her or his relatives;

  (6) whoever sells woman or child abroad.

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