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For the purpose of punishing crimes of smuggling and in accordance with the Criminal Law and the Amendments to the Criminal Law (IV), supplementary interpretations on the concrete application of law by the people's court in the trial of criminal cases of smuggling are given as follows: Article 1. The separate or accumulative smuggling of less than 5 conventional 60mm-caliber shells or smaller, grenades or rifle grenades falls into the "minor circumstance" mentioned in Paragraph 1 of Article 151 of the Criminal Law, the criminal shall be convicted of smuggling ammunition, be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years and shall be given a pecuniary fine. The separate or accumulative smuggling of more than 5 but fewer than 10 conventional 60mm-caliber shells or smaller, grenades or rifle grenades falls into the "minor circumstance" mentioned in Paragraph 1 of Article 151 of the Criminal Law, the criminal shall be convicted of smuggling ammunition, be sentenced to fixed-term imprisonment of not less than 7 years and shall be given a pecuniary fine. The smuggling of the various projectiles more than the amount mentioned in Paragraph of this Article or the smuggling of one or more non-conventional shells which may cause massive injuries falls into the "extremely gross circumstance" mentioned in Paragraph 4 of Article 151 of the Criminal Law, the criminal shall be convicted of smuggling of ammunition and be sentenced to life imprisonment or death, and whose property shall be confiscated. Article 2. Anyone who commits a crime due to smuggling various projectile warheads or cartridge cases shall be convicted of smuggling ammunition and be punished on the basis of crime of smuggling ammunition in accordance with Paragraph 1 of Article 151 of the Criminal Law. Anyone who commits a crime due to smuggling various projectile warheads or cartridge cases which have been discarded or are unable to be assembled for normal use shall be convicted of smuggling ordinary goods or articles and be punished on the basis of the crime of smuggling ordinary goods or articles. If the said projectile warheads or cartridge cases are appraised as waste by the relevant technical department of the state, the criminal(s) shall be convicted of smuggling waste and be punished on the basis of the crime of smuggling waste. Whether the projectile warheads or cartridge cases smuggled "have been discarded or are unable to be assembled for use" may be appraised by the relevant technical departments of the state. Article 3. The quantitative criterions for the conviction of and determination of punishment to smuggler(s) of warheads or cartridge cases of various shells, grenades or rifle grenades shall be five times those prescribed in Article 1 of these Interpretations. The quantitative criterions for the conviction of and determination of punishment to smuggler(s) of military bullets or warheads or cartridge cases of non-military bullets shall be five times those prescribed in Article 1 of the Interpretations of the Supreme People's Court on the Concrete Application of Law in the Trial of Criminal Cases of Smuggling (Judicial Interpretation No. 30 [2000] of the Supreme People's Court). Article 4. Where any crime of smuggling mentioned Articles 1 and 2 of these Interpretations also meets the requirements described in Item (3) of Paragraph 1, Item (3) of Paragraph 2, Items (3) and (4) of Paragraph 3 of Article 1 of the Interpretations of the Supreme People's Court on the Concrete Application of Law in the Trial of Criminal Cases of Smuggling (Judicial Interpretation No. 30 [2000] of the Supreme People's Court) shall be punished according to the latter Interpretations. Article 5. Anyone who commits a crime due to concealing any goods or articles mentioned in Article 151, 152, 347 or 350 of the Criminal Law in the ordinary goods, articles or waste smuggled shall be convicted and punished on the basis of the goods or articles actually smuggled. If several crimes are constituted, he shall be punished by combining these crimes together. Article 6. Where anyone who, by dodging the control of the customs office, smuggles any waste which the state forbids the import thereof, or smuggles any waste which the state restricts the import thereof and which may be used as raw materials, is under any of the following circumstances, and his circumstance falls into the "gross circumstance" mentioned in Paragraph 2 of Article 152 of the Criminal Law, he shall be convicted of smuggling waste, sentenced to 5 years of fixed-term imprisonment and be concurrently or separately given a pecuniary fine: (1) Separately or accumulatively smuggling not less than 1 ton but not more than 5 tons of dangerous solid or liquid waste, which the state forbids the import thereof; (2) Separately or accumulatively smuggling not less than 5 tons but not more than 25 tons of non-dangerous solid or liquid waste, which the state forbids the import thereof; (3) Separately or accumulatively smuggling not less than 20 tons but not more than 100 tons of dangerous solid or liquid waste, which the state restricts the import thereof and which may be used as raw materials; or (4) Smuggling any waste, which the state bans the import thereof, and causing any gross environmental pollution accident. Article 7. If the quantity of smuggled waste which the states prohibits the import thereof or the quantity of smuggled waste which the states restricts the import thereof and which may be used as raw materials exceeds the quantitative criterion prescribed in Article 6 of these Interpretations, or if the said quantity reaches the prescribed quantitative criterion and if a serious environmental pollution accident is caused, or if the said quantity fails to reach the prescribed criterion but a serious environmental pollution accident is caused and the consequences are extremely gross, such a case shall fall into the "extremely gross circumstance" mentioned in Paragraph 2 of Article 152 of the Criminal Law, and the criminal(s) shall be sentenced to a fixed-term imprisonment of 5 years or more and shall be concurrently given a pecuniary fine. Article 8. Where anyone licensed to import any waste, which the state prohibits the import thereof, or which the state restricts the import thereof and which may be used as raw materials, evades any payable tax and constitutes any crime, he shall, in accordance with Article 153 of the Criminal Law, be convicted of smuggling ordinary goods and be punished on the basis of crime of smuggling ordinary goods. Anyone who imports the aforesaid waste without permit and evades any payable tax, and simultaneously constitutes the crime of smuggling waste and the crime of smuggling ordinary goods, he shall be convicted and punished according to the crime, for which the Criminal Law provides a heavier punishment. Where anyone imports, with a license, any waste, which the state prohibits the import thereof and may be used as raw materials, in excess of the licensed quantity, the excessive part shall be deemed as unlicensed. Article 9. The smuggling of any gaseous waste put in containers shall be dealt with in pursuance of the relevant conviction quantitative criterions on solid waste or liquid waste as well as the punishment principles described in these Interpretations. The specific categories of waste, which the states prohibits the import thereof and which may be used as raw materials, shall conform to the provisions of the relevant departments of the state. Article 10. After these Interpretations become effective, the provisions of the Interpretations of the Supreme People's Court on the Concrete Application of Law in the Trial of Criminal Cases of Smuggling (Judicial Interpretation No. 30 [2000] of the Supreme People's Court) regarding the crime of smuggling solid waste shall not be implemented any longer. |
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