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	SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE¡¯S CONGRESS ON THE SEVERE PUNISHMENT OF THE CRIMES OF ORGANIZING OR TRANSPORTING OTHER PERSON(S) TO ILLEGALLY CROSS THE NATIONAL BORDER(FRONTIER)

	(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, and effective as of the date of promulgation)


SUBJECT : CRIMINAL LAW; HUMAN TRAFFICING
ISSUING DEPARTMENT : STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS
ISSUE DATE : 03/05/1994
IMPLEMENT DATE : 03/05/1994
LENGTH : LENGTH: 1050 words
TEXT :

With a view to severely punishing the criminals who organize or transport other person(s) to illegally cross the national border(frontier) (hereinafter simplified as illegally crossing the national border (frontier)), checking the unlawful and criminal activities of illegally crossing the national border(frontier), maintaining the order of exit and entry administration, the following provisions are made to supplement the Criminal Law:

1. Whoever organizes other person(s) to illegally cross the national border (frontier) shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years and concurrently be sentenced to a fine; if under any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment of not less than seven years or life imprisonment, and concurrently be sentenced to a fine or confiscation of property:

(1) Bening a chief culprit of a group organizing other person(s) to illegally cross the national border (frontier);

(2) Repeatedly organizing another person to illegally cross the national border (frontier) or organizing a number of persons to illegally cross the national border (frontier);

(3) Causing serious injury or death to the organized person(s);

(4) Depriving the organized person(s) of his personal freedom or restricting the personal freedom of the organized person(s);

(5) Resisting inspection by means of violence or intimidation;

(6) The sum of illegal earnings being large;

(7) Other especially serious circumstances.

Whoever commits criminal acts to the organized person(s) such as homicide, injury, rape, abduction or trafficking or commits homicide, injury or other criminal acts to the inspector(s) may be sentenced to death according to law.

2. Whoever, in the name of export of labour service, economic and trade contacts or something else, practices fraud to obtain the passport, visa or other exit certificates for the purpose of organizing other person(s) to illegally cross the national border (frontier) shall be punished in accordance with Article 1 of these Provisions.

Where a unit commits any of the criminal acts specified in the preceding paragraph, the unit shall be sentenced to a fine, and the person(s) in charge and other persons who are held directly responsible shall be punished in accordance with Article 1 of these Provisions.

3. Whoever provides other person(s) with counterfeited or altered passport, visa or other exit and entry certificates shall be sentenced to fixed-term imprisonment of not more than five years and concurrently with a fine; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and concurrently with a fine.

4. Whoever transports other person(s) to illegally cross the national border (frontier) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and concurrently with a fine; if under any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and concurrently with a fine:

(1) Repeatedly performing such transportation or having transported a large number of persons;

(2) The vessels, vehicles or other means of transportation employed not meeting necessary safety conditions to such an extent that it would cause serious consequences;

(3) The sum of illegal earnings being large; or

(4) Other especially serious circumstances.

Whoever in transporting other person(s) to illegally cross the national border (frontier) has caused serious injury or death to the transported person(s) or has resisted inspection by means of violence or intimidation shall be sentenced to fixed-term imprisonment of not less than seven years and concurrently with a fine.

Whoever commits criminal acts to the transported person(s) such as homicide, injury, rape, abduction or trafficking or commits homicide, injury or other criminal acts to the inspector(s) may be sentenced to death according to law.

Whoever transports other person(s) to illegally cross the national border (frontier), if the circumstances are minor and there is no need to impose criminal punishment, shall be detained by the public security organ for a maximum of fifteen days, and concurrently punished with a fine of not less than 5,000 yuan and not more than 50,000 yuan.

5. Whoever illegally crosses the national border (frontier) may be detained by the public security organ for a maximum of fifteen days, and exclusively or concurrently punished with a fine of not less than 1,000 yuan and not more than 5,000 yuan; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and concurrently with a fine.

6. State functionaries in charge of handling passport, visa or other exit and entry certificates knowingly handle such certificates for persons with an intent to illegally cross the national border (frontier) or State functionaries working at frontier or customs knowingly permit the passage of person illegally crossing the national border (frontier) shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

State functionaries referred to in the preceding paragraph who collude with the criminals organizing or transporting other person(s) to illegally cross the national border (frontier) in the commission of acts specified in the preceding paragraph shall be punished in accordance with Article 1 and Article 4 of these Provisions.

7. All illegal earnings gained from the commission of a crime specified in these Provisions and the means of transportation and communication or other property used for the commission of the crime and owned by the criminal(s) or owned by another person who knowingly provided for the commission of the crime shall be confiscated.

8. These provisions shall go into effect on the date of promulgation.