Ten departments jointly issued the Opinions on Punishing Crimes Involving Firearms, Ammunition, Explosives and Flammable and Explosive Dangerous Goods according to Law.

Cctv newsAccording to the website of the Supreme People’s Court, on December 30th, ten departments including the Supreme People’s Court, the Supreme People’s Procuratorate, Ministry of Public Security, Ministry of Industry and Information Technology jointly issued the Opinions on Punishing Crimes Involving Firearms, Ammunition, Explosives and Inflammable and Explosive Dangerous Goods according to Law (hereinafter referred to as the Opinions), which will take effect on December 31st, 2021.

The control and management of guns, ammunition, explosives and inflammable and explosive dangerous goods are directly related to social order and public safety. Once out of control, they flow into illegal channels and are used for illegal purposes, which will cause serious social harm and form major security risks, and strict control and management measures must be implemented. China has stipulated strict control and management measures for the production, operation, possession, use, storage and transportation of firearms, ammunition, explosives and inflammable and explosive dangerous goods. At the same time, China is in a period of social transformation, and the control and management system for firearms, ammunition, explosives and inflammable and explosive dangerous goods is constantly being adjusted according to the development of the situation. In practice, some illegal activities involving guns, ammunition and explosives and illegal production and business activities of inflammable and explosive dangerous goods occur from time to time. Typical activities, such as false reports and unauthorized storage and transportation of inflammable and explosive dangerous goods, seriously affect social public safety and endanger people’s lives and property. For this kind of behavior, administrative law enforcement is difficult, and it is urgent to further clarify the scope of criminal punishment and the procedural mechanism of the connection between administrative law enforcement and criminal justice. In order to further implement the decision-making arrangements of the CPC Central Committee and promote the construction of a safe China at a higher level, the Supreme People’s Court led seven administrative law enforcement agencies, including the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Industry and Information Technology, to conduct research and solicit opinions from all sides, and formed the Opinions.

The Opinions include five parts, including general requirements, correctly identifying crimes, accurately grasping criminal policies, strengthening the connection between administrative law enforcement and criminal justice, and other issues, with a total of 25 articles. Guided by the supreme leader’s rule of law, the Opinions adhere to the general principle of severely punishing crimes involving guns, ammunition, explosives and inflammable and explosive dangerous goods that seriously endanger public safety, earnestly safeguard public safety and protect people’s lives and property. At the same time, adhere to the problem-oriented, do not seek everything, focus on solving outstanding problems in practice, and provide effective guidance for administrative law enforcement and judicial practice; Insist on strengthening coordination and cooperation to form a joint effort to crack down on illegal crimes.

The Opinions emphasize that it is strictly forbidden to illegally manufacture, buy, sell, transport, mail, store, hold, hide or smuggle firearms, ammunition and explosives, to produce, store, use, manage and transport inflammable and explosive dangerous goods without approval and permission, to produce, store, use, manage and transport inflammable and explosive dangerous goods in violation of safety management regulations, and to severely crack down on firearms, ammunition and explosives according to law. People’s courts, people’s procuratorates, public security organs and relevant administrative law enforcement organs should adhere to the principle of putting people first, putting life first, making overall plans for development and safety, giving full play to their work functions, being responsible for and cooperating with each other in accordance with the statutory division of responsibilities, and strengthening communication and coordination. In the course of performing their duties, if they are found to be suspected of committing crimes involving firearms, ammunition, explosives and inflammable and explosive dangerous goods, they should inform each other of the situation in time, jointly carry out prevention and punishment, and maintain the overall stability of social security.

In view of the outstanding problems in the process of investigating and punishing illegal crimes involving firearms, ammunition, explosives and inflammable and explosive dangerous goods in practice, the Opinions focused on how to correctly identify crimes. First, those who illegally manufacture, buy, sell, transport, mail, store, steal, rob, rob, possess, smuggle guns, ammunition and explosives, and use the guns, ammunition and explosives to commit crimes such as intentional homicide, intentional injury, robbery and kidnapping, shall be punished for several crimes. Second, those who transport inflammable and explosive dangerous goods by road in violation of the provisions on the safety management of dangerous chemicals and endanger public safety shall be convicted and punished in accordance with the crime of dangerous driving; Anyone who violates the relevant provisions on safety management in highly dangerous production activities such as the production, management and storage of inflammable and explosive dangerous goods and has real danger of serious casualties or other serious consequences shall be convicted and punished for the crime of dangerous operation; Whoever commits the above-mentioned acts, resulting in heavy casualties or other serious consequences, constitutes the crime of causing accidents by dangerous goods and other charges, shall choose a felony and be given a heavier punishment. Third, those who violate the relevant safety management regulations in the production and operation activities of transporting inflammable and explosive dangerous goods by waterway, railway and aviation, knowing that there are major hidden dangers of accidents and not excluding them, can be considered as crimes of endangering public safety by dangerous methods; If a passenger personally carries or carries inflammable and explosive dangerous goods in a small amount of checked baggage, endangering public safety, and the circumstances are serious, he shall be convicted and punished for the crime of illegally carrying dangerous goods to endanger public safety.The judicial organ shall, in accordance with the above provisions of the Criminal Law and the Opinions, correctly use criminal means according to law and effectively crack down on related criminal activities.

The Opinions adhere to the criminal policy of combining leniency with severity, and clarify the policy grasp in handling criminal cases involving firearms, ammunition, explosives and inflammable and explosive dangerous goods. The "Opinions" clarify that those who illegally buy or sell guns, ammunition, explosives and inflammable and explosive dangerous goods through information networks, or illegally transport guns, ammunition, explosives and inflammable and explosive dangerous goods through delivery channels, which constitute a crime according to law, shall be strictly investigated for criminal responsibility; Those who commit crimes due to the needs of normal production and life, as well as those who voluntarily hand in guns, ammunition, explosives, inflammable and explosive dangerous goods, surrender and render meritorious service, shall be given lenient punishment according to law.

In addition, in accordance with the provisions of relevant laws and administrative regulations, the Opinions also make detailed provisions on how to strengthen the connection between administrative law enforcement and criminal judicial procedures in cases involving firearms, ammunition, explosives and inflammable and explosive dangerous goods, and stipulate the scope of inflammable and explosive goods in principle.

After the implementation of the Opinions, the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security will further strengthen coordination and cooperation with relevant administrative law enforcement agencies, form a long-term working mechanism to crack down on illegal crimes involving guns, ammunition, explosives and inflammable and explosive dangerous goods, earnestly safeguard the overall stability of public security and social order, safeguard the legitimate rights and interests of the people, and provide solid security for economic and social development.