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In order to punish the criminal activities of illegally manufacturing, trading in, transporting, or storing tetramine and other banned virulent chemicals in accordance with law, and maintain the public security, we hereby give our interpretations on some issues concerning the specific application of law for handling such criminal cases in accordance with the relevant provisions in the Criminal Law as follows: Article 1. Whoever illegally manufactures, trades in, transports, or stores tetramine and other banned virulent chemicals, and thus endangers the public security, and is under any of the following circumstances shall be, in accordance with Article 125 of the Criminal Law, convicted of the crime of illegally manufacturing, trading in, transporting, or storing dangerous substances, and be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years: (1) He illegally manufactures, trades in, transports, or stores no less than 50 grams of raw powder, raw liquid, raw medicine or preparation, or no less than 2 kilograms of baits; or (2) He causes a serious injury or death to a person or causes a loss of more than 100,000 Yuan to public or private properties in the process of illegal manufacture, trading, transportation, or storage. Article 2. Whoever illegally manufactures, trades in, transports, or stores tetramine and other banned virulent chemicals, and is under any of the following circumstances, which is "serious" prescribed in Article 125 of the Criminal Law, shall be sentenced to a fixed-term imprisonment of not less than ten years, life imprisonment or death: (1) He illegally manufactures, trades in, transports, or stores no less than 500 grams of raw powder, raw liquid or preparation, or no less than 20 kilograms of baits; (2) He causes a serious injury or death to no less than 3 persons or causes a loss of more than 200,000 Yuan to public or private properties in the process of illegal manufacture, trading, transportation, or storage; or (3) He illegally manufactures, trades in, transports, or stores no less than 50 grams but less than 500 grams of raw powder, raw medicine or preparation, or no less than 2 kilograms but less than 20 kilograms of baits, and is under any other serious circumstance. Article 3. An entity which illegally manufactures, trades in, transports, or stores tetramine and other banned virulent chemical shall be convicted and sentenced in accordance with Articles 1 and 2 of the present Interpretation. Article 4. If any state organ functionary who has the duty of investigating the acts of illegally manufacturing, trading in, transporting, or storing tetramine and other banned virulent chemicals abuses his powers or neglects his duties, and thus causes heavy losses to public properties or the benefits of the state or people, he shall be, in accordance with Article 397 of the Criminal Law, convicted of the crime of abusing powers or neglecting duties and be investigated for criminal liabilities. Article 5. Before the present Interpretation comes into force, whoever illegally manufactures, trades in, transports, or stores the baits of tetramine and other banned virulent chemicals for his own use indeed due to the needs in production or life, and does not cause any serious danger to the society may be, in accordance with Article 13 of the Criminal Law, treated as committing no crime. After the present Interpretation has come into force, whoever illegally manufactures, trades in, transports, or stores the baits of tetramine and other banned virulent chemicals for his own use indeed due to the needs in production or life, and whose acts constitute a crime but do not cause any serious danger to the society may be, if he shows true repentance through education, given a lighter or mitigated punishment or be exempted from punishment in accordance with the law. Article 6. "Tetramine and other banned virulent chemicals" mentioned in the present Interpretation mean the tetramine, fluoroacetamide, sodium monofluo fluoroacetate, silatrane, glyfuor (please refer to the attached table), which are banned by the state decree. ATTACHMENT: TABLE Serial No. 1 General Name: tetramine Molecular Formula CAS No. C4H9N4O4S2 80-12-6 Other name: 6-dithia-1, 3, 5, 7- tetrazatricyclo [3, 3, 1, 1, 3, 7] decane-2, 2, 6, 6- tetraoxide tetramine Serial No. 2 General Name: Fluoroacetamide Molecular Formula CAS No. C2H4FNO 640-19-7 Other name: Fluoroacetamide Fluorakil Serial No. 3 General Name: Sodium monofluo fluoroacetate Molecular Formula CAS No. 1080 C2H2FNaO2 62-74-8 Other name: Sodium monofluo fluoroacetate Compound Serial No. 4 General Name: silatrane Molecular Formula CAS No. C12H6ClNO3Si 29025-67-0 Other name: 1-(p-chloropenyl)-2,8,9-trioxo-5-nitrigen-1-silicon-dicyclo (3,3,3) undencane RS-150, silatrane Serial No. 5 General Name: Glyfuor Molecular Formula CAS No. C3H6F20, C3H6ClFO Other name: 1,3-difluoirhydrine of glycerin and 2-chloroflurohydrine of glycerin Glyfuor, Gliftor |
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