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2022-08-07
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The Supreme People's court and the Supreme People's Procuratorate issued a judicial interpretation to severely punish the criminal activities of stealing and robbing motor vehicles. Today, the Supreme People's court and the Supreme People's Procuratorate announced the interpretation on Several Issues concerning the specific application of laws in handling criminal cases related to theft, robbery, fraud and snatching motor vehicles, so as to strengthen the punishment of criminal activities related to theft, robbery, fraud and snatching motor vehicles. The judicial interpretation shall come into force as of May 11

this judicial interpretation has made clear provisions on the law on the illegal disposal, concealment and sale of motor vehicles with proceeds of crime. Knowingly stealing, robbing, swindling or seizing motor vehicles, carrying out sales, introducing sales, pawning, auctioning, mortgaging or using them to pay off debts, disassembling, assembling or assembling, modifying engine numbers and vehicle identification codes, changing body colors and shapes, providing or selling origin certificates of motor vehicles, vehicle quality certificates, number plates and other certificates and vouchers, providing or selling forged or altered grippers Whoever commits any act such as the certificate of origin of the motor vehicle, the certificate of conformity of the whole vehicle, the number plate and other certificates and vouchers shall be convicted of the crime of covering up or concealing the proceeds of crime and the proceeds of crime, and shall be sentenced to fixed-term imprisonment, criminal detention or control for not more than three years, listed in Shanghai A-share market in may2017, having established a national enterprise technology center and a national laboratory, and shall also, or shall only, be fined

the judicial interpretation also stipulates that Whoever forges, alters, buys or sells motor vehicle driving licenses or registration certificates, accumulating more than three copies, shall be convicted of the crime of forging, altering, buying or selling certificates of state organs, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights

the judicial interpretation provides clear laws for the acts of state functionaries who abuse their power or neglect their duties, resulting in the legalization of the form of motor vehicles derived from crime. Any functionary of a state organ who, by abusing his power, causes the registration of motor vehicles stolen, robbed, defrauded or robbed, the number of which reaches more than three or the total value of which reaches more than 300000 yuan, shall be convicted of the crime of abuse of power and sentenced to fixed-term imprisonment of not more than three years or criminal detention. Work of state organs in the future, China's biological resources, energy and machinery industry will face greater market opportunities. If the personnel neglect or lax review, resulting in the registration of motor vehicles stolen, robbed, defrauded or robbed, and the number reaches more than 5 or the total value reaches more than 500000 yuan, they will be convicted of dereliction of duty and sentenced to fixed-term imprisonment of not more than 3 years or criminal detention

the announcement of the Supreme People's court and the Supreme People's Procuratorate

the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in handling criminal cases related to theft, robbery, fraud and forcible seizure of motor vehicles was adopted at the 1411st meeting of the judicial committee of the Supreme People's Court on December 25, 2006 and at the 71st meeting of the 10th Procuratorial Committee of the Supreme People's Procuratorate on February 14, 2007, and is hereby promulgated, Effective as of may11,2007

The Supreme People's court and the Supreme People's Procuratorate may 9, 2007 Interpretation on Several Issues concerning the specific application of law in criminal cases related to motor vehicle snatching (adopted at the 1411st meeting of the judicial committee of the Supreme People's Court on December 25, 2006 and the 71st meeting of the 10th Procuratorial Committee of the Supreme People's Procuratorate on February 14, 2007)

FA Shi [2007] No. 11

in order to punish criminal activities related to theft, robbery, fraud and motor vehicle snatching according to the law According to the provisions of the criminal procedure law and other relevant laws, several issues concerning the specific application of the law in handling such cases are hereby explained as follows:

Article 1 a person who knowingly commits one of the following acts on a motor vehicle that is theft, robbery, fraud or robbery shall, in accordance with the provisions of article 312 of the criminal law, be convicted of the crime of concealing or concealing the proceeds of crime and the proceeds of crime, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, To impose or only impose a fine:

(1) to buy or sell, introduce a buyer or seller, pawn, auction, mortgage or use it to pay off debts

(2) disassembly, assembly or assembly

(III) modifying the engine number and vehicle identification code

(4) changing the body color or vehicle shape

(5) providing or selling certificates of the origin of motor vehicles, certificates of conformity of finished vehicles, license plates and other certificates and certificates related to motor vehicles

(6) providing or selling forged or altered certificates of origin of motor vehicles, certificates of conformity of finished vehicles, license plates and other certificates and certificates related to motor vehicles

if the act specified in the first paragraph involves stealing, robbing, swindling or seizing more than five motor vehicles, or if the total value reaches more than 500000 yuan, it shall belong to the "serious circumstances" stipulated in article 312 of the criminal law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined

Article 2 Whoever forges, alters, buys or sells three or more motor vehicle driving licenses or registration certificates in total shall, in accordance with the provisions of the first paragraph of Article 280 of the criminal law, be convicted of the crime of forging, altering, buying or selling certificates of state organs and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights

Whoever forges, alters, buys or sells a motor vehicle driving license or registration certificate and accumulatively reaches more than five times the quantity standard specified in the first paragraph of Article 280 of the criminal law shall be sentenced to "serious circumstances" in the first paragraph of Article 280 of the criminal law and shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years

Article 3 Any functionary of a state organ who abuses his power under any of the following circumstances, resulting in the registration of three or more motor vehicles stolen, robbed, defrauded or robbed, or with a total value of more than 300000 yuan, shall be convicted of the crime of abuse of power in accordance with the provisions of the first paragraph of Article 397 of the criminal law, Sentenced to fixed-term imprisonment of not more than three years or criminal detention:

(1) handling the registration procedures knowing that it is a motor vehicle with incomplete registration procedures or does not meet the requirements

(2) instructing others to go through the registration procedures for a motor vehicle that they know is incomplete or does not conform to the regulations

(3) violating regulations or instructing others to change or exchange vehicle files in violation of regulations

(4) other acts of abuse of power

If a state functionary neglects or fails to carry out strict examination, so that the number of motor vehicles stolen, robbed, defrauded or robbed reaches five or more or the total value reaches 500000 yuan or more, he shall, in accordance with the provisions of the first paragraph of Article 397 of the criminal law, be convicted of dereliction of duty and sentenced to fixed-term imprisonment of not more than three years or criminal detention

when the state organ staff carry out the acts specified in the preceding two paragraphs, the interface is mild, causing theft, robbery, fraud and robbery

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