Fireworks and firecrackers are mixed with ordinary goods to declare customs clearance, which is dangerous!

As the first type of explosive dangerous goods, fireworks and firecrackers will cause serious losses to the lives and property of the masses. Therefore, the state has formulated strict management measures for the production, operation, transportation, storage, and exports of fireworks and firecrackers. And the concealed fireworks and firecrackers into the port will cause fireworks and firecrackers to lack necessary supervision in the port, and there are major public safety hazards.

On February 24 this year, after a public prosecution was filed by the Zhenhai District Procuratorate of Ningbo City, Zhejiang Province, the court sentenced Tang Mouxiang to the main criminal of the 789 box of fireworks and firecrackers. Tang Mouxiang refused to accept the judgment of the first instance and appealed. Recently, the Ningbo Intermediate Court made a ruling to dismiss the appeal and maintain the original sentence.

A large amount of fireworks and firecrackers

Customs declaration in ordinary goods

In August 2018, when Ningbo Beilun Customs carried out a routine inspection of the container in the Ningbo Port Beilun Phase III Wharf, he found a container prepared to export to Libya. The outer layer was closed by ordinary goods. Open it, a large amount of fireworks and firecrackers are hidden in the container. Subsequently, the customs staff found that the goods were declared in the name of ordinary goods such as iron crafts, chemical fiber quilt, etc., and fireworks and firecrackers hidden in the container. There were no printing commodity inspection code numbers, customer products, critical explosion signs, manufacturers on the outer packaging The information of other information is obviously not in line with the regular export process of fireworks and firecrackers, obviously intentionally concealed the report. Through the inventory, the customs staff confirmed that the container was equipped with 789 boxes of fireworks and firecrackers without any safety measures. After identification, the total amount of gunpowder was about 3600 kg.

Beilun Customs transferred the illegal export fireworks and firecrackers to the Ningbo Public Security Bureau Port and Airlines Branch for processing. In February 2019, the Criminal Procuratorate of the Hong Kong and Airlines Procuratorate of the Zhenhai District Procuratorate involved in the case in advance to guide the investigation and evidence. Subsequently, the criminal suspect Ma and Ma have just returned to justice, but the prisoner Tang Mouxiang has been absconding. In November 2020, the court sentenced Ma to one year and six months in prison for dangerous methods to endanger public safety.

The fugitives took the initiative to cast the case, but refused to plead guilty

On September 6, 2021, a woman walked into the Hong Kong and Airlines Branch of the Ningbo Public Security Bureau, saying that she would surrender. The woman is Tang Mouxiang, the legal representative of the China Nile River Industry and Trade Group Corporation (hereinafter referred to as the Nile Corporation) involved in the case.

The main criminals who had fled for three years of Egypt took the initiative to justice. "Tang Mouxiang's attitude is very 'sincerity', but just does not plead guilty." Guo Feiran, the host prosecutor, told reporters that after 4 trials, who is the problem of this group of fireworks and firecrackers, her confidence is different at each time. After a while, it was purchased by a foreign customer Muhammed to a flower cannon factory in Jiangxi. After a while, she just helped Muhammad to make a bridge and let the employees of the flower gun factory contact Mohammed. When I was pregnant, the affairs of the Nile Corporation were handed over to Ma, and Ma was operating.

After several repeated confession of Tang Mouxiang, she and the case were cleaned up and refused to admit that she was the main criminal of the illegal export of fireworks and firecrackers, which caused great resistance to handling the case.

Examine the micro -analysis, break the offensive and defensive alliance

Is it the flower cannon factory that Muhammed found, or Tang Mouxiang organized the source of the organization and contacted the export?

"In this case, the breakthrough can only be in the same case and witness." Guo Feiran said. After many interrogations and inquiries, the offensive and defensive alliances involved in the case were disintegrated, and they began to confess and indicate that the entire illegal export of fireworks and firecrackers were organized by Tang Mouxiang. In addition to the normal foreign trade business, the Nile Corporation also engaged in the illegal export business of fireworks and firecrackers, but the company did not have the export qualification of fireworks and firecrackers.

It turned out that as early as the incident, Tang Mouxiang had contacted the legal representative of the Huatan Factory Chen and the company's employee Guo, and Zhang, who claimed to have found someone to settle the case, and promised to give them a unified caliber. Tang Mouxiang did not participate in the flower artillery factory found by Mohammed himself.

On January 14 this year, the Zhenhai District Procuratorate filed a public prosecution on the case. After hearing, the court recognized all the facts of the procuratorial organs: Tang Mouxiang purchased fireworks and firecrackers from a flower cannon factory in Jiangxi, entrusted Guo to supervise the quality and production progress of the goods, and sent the goods on time. He entrusted Ma Gang to export through the port of Ningbo with the way of concealment of the fireworks and firecrackers to conceal the report as an ordinary cargo. Subsequently, the court made a first trial that the defendant Tang Mouxiang was sentenced to three years and three months in prison for hazarding public safety for danger. Tang Mouxiang refused to accept the judgment of the first instance and appealed. Recently, the Ningbo Intermediate Court made a ruling to dismiss the appeal and maintain the original sentence.

■ Prosecutor said

Why not determine the crime of smuggling

In this case, in response to whether the three defendants were suspected of smuggling, the prosecutor stated that because fireworks and firecrackers were not belonged to the state's prohibited management items, and Tang Mouxiang and others wanted to pay the corresponding tax when they exported the customs declaration in the name of ordinary goods. The model is not subjective to escape the tax, and it should not be identified as smuggling according to relevant laws and regulations.

As a flammable and explosive item, fireworks and firecrackers are reported to report to the port area of Ningbo with ordinary goods. They have avoided the relevant requirements of dangerous cargo container operations.The risk of management risks has risen sharply. Once an accident occurs, it is easy to cause large -scale damage to endanger public safety.Therefore, the criminal responsibility of Tang Mouxiang and others should be investigated in the crime of harm to public safety in danger.(Source: Procuratorial Daily Author: Lan Hengwu Zhou Yue)

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