Directive clarifies punishment for cross-border crimes

(english.court.gov.cn) Updated : 2022-07-04

The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the National Immigration Administration jointly issued a directive on punishing violations of border administration on June 30.

The directive clarifies the general requirements as well as application of laws and policies in punishing violations of border administration. The functional roles of different institutions should be given full play in identifying crimes and intensifying punishments for organizers, transporters, key members of criminal groups, and repeat offenders so that border administration order and the people's legitimate rights and interests were secured, the directive states.

Focusing on difficulties in practice, the criteria for identifying border-related crimes are clarified in the directive. For example, the applicable situations, means and criminalization of organizing others to illegally cross the border, as well as calculation of numbers of people involved in this crime are specified so that law enforcement and judicial exercises can be regulated and laws can be applied in a unified and correct manner. The directive also improves rules of jurisdiction and evidence collection in border crimes. It makes it clear the identification of the crime site, the handling of jurisdiction disputes and rules for case merging, standardizes the investigation and subsequent handling of related cases, and tightens procedural requirements for case handling. In terms of evidence, provisions are also given on the determination of subjective awareness and the collection and use of overseas evidence materials in the directive.

In addition, the policy of tempering justice with mercy is highlighted in the directive. Adhering to an approach of differentiated treatment and strict punishment, the directive aims to curb the expansion of cross-border crimes. The amount of persons involved, illegal gains, criminal records and consequences will be taken into account, and their social impact comprehensively evaluated when determining penalties for such crimes, according to the directive.