Four departments: Increase punishment for illegal crimes against countries (sides) management

Cover news reporter Su Yu

On June 30, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the National Immigration Administration jointly issued the "Opinions on the punishment of illegal crimes to the state (border) management in accordance with the law" (referred to as the "Opinions"). It is clear that the punishment of illegal crimes to obstruct the management of the country (edge) is increased, and the criminal group's primary elements, the primary criminals, and active participants from the "strict" policy requirements will be achieved. The purpose of preventing crimes.

According to reports, at present, there are many incidence of crimes that have obstacled the country (border), and it has shown a significant growth trend. During the ten years from 2012 to 2021, the criminal cases of obstacles (sidelines) in the national courts continued to grow, and the number of cases and effective judgments in 2021 increased by more than 10 times and 23 times compared with 2012. Overbacco (border) management crimes often grow with cross -border crimes, harm the order of economic and social development and the safety of the people's personal property, and have serious social harm.

Relevant person in charge said that my country is the longest country in the world's land boundary. The total length of the land boundary line is more than 20,000 kilometers. It is affected by factors such as the geographical characteristics of relevant border areas. There are certain differences in the degree of obstacles of methods, behavior frequency, and the level of management order of state (border). In practice, the scale of the relevant cases is not consistent, and the standards of legal and policy need to be further standardized.

In response to the new and new issues of obstructing the management of crimes in the state (border), the Opinions made a guidance on the specific identification of various types of imperfections (border) management crimes in accordance with the provisions of criminal law and related judicial interpretations. Specifically, the "Opinions" should be applied to the crime of organizing others to steal Vietnam (border), the behavior of transporting others to steal the country (border), the crime of the crime of stealing the country (border), and The calculations of the "number of people" and "number" involved in the crime are clearly made clear, further standardize law enforcement, judicial standards, and ensure the correct application of laws.

In response to the characteristics of obstructing countries (borders) management crimes, long span, long behavior chain, and decentralized personnel involved in the country, the "Opinions" clarify the determination of the crime of such crimes, the handling of disputes, and the rules of the case. Investigation and follow -up processing, further strict procedures for case handling. In response to the problems reflected in the current management case of obstructing countries (border), the "Opinions" stipulate the identification of subjective awareness, the collection, and use of overseas evidence materials, and regulate the collection, extraction and review and judgment of relevant evidence.

The "Opinions" adheres to different treatments, severely punish the organization of crime of stole the country (border) of others and transport others to steal the country (border) crime, adhere to the full chain, full link, and whole process punishment, and constantly squeeze such crimes Breeding the spread of spreading. At the same time, according to the specific situation of the case, the number of people involved in the case, illegal income, pre -subjects, influence or consequences are required to properly evaluate social harm, accurately identify crimes and tailoring punishments, and ensure that crimes are adapted.

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