[Local Procuratorate] Shanghai Procuratorate Third Branch: Release of 2021 Campaign of Smounter Crime Procuratorate Report

Crossing smuggling crime

Procuratorial work report

2021

The third branch of the Shanghai People's Procuratorate

On July 4, the Third Branch of the Shanghai People's Procuratorate released a report of the 2021 campaign of smuggling criminal procuratorial work. The special notification reported the overview of smuggling crimes and announced ten typical cases to the society.

In 2021, the Third Branch fulfilled the functional advantages of centralized jurisdiction of smuggling crimes, strengthened cooperation with the cooperative cooperation with the trial agency and investigating authority, severely crack down on smuggling illegal crimes, continuously extended prosecution functions, participated in comprehensive social governance, and strived to promote Shanghai's anti -smuggling work high work high Quality development contributes to the construction of a higher -standard and better level of rule of law.

01

Overview of the case of smuggling crime in 2021

In 2021, the Third Branch accepted 81 cases of 81 cases of smuggling crime review and approved arrest. After review, 69 105 people approved the arrest decision. A total of 180 416 cases were accepted for smuggling crime review. After review, 146 377 people prosecuted public prosecution. The decisions of the 21 34 people who were mildly unblied to the crime. 180 of the 83 cases applied for confession and confession and punishment from the wide system, with a applicable rate of 47.95%. 23 cases of 23 cases of the need to accept the need for detention are recommended. It is recommended to change 15 compulsory measures and 15 people. The proposal is adopted, and the adoption rate is 100%.

The Third Branch actively fulfilled its legal supervision functions, involved in and guided investigations in 36 smuggling crimes of 62 people, and actively carried out social governance. In response to the supervision vulnerabilities and relevant legal risks found in the case, 8 cases of procuratorial proposal were issued.

In 2021, of the 146 cases that the court had judged, the probation rate was 41.13%, an increase of 4.36%year -on -year.

02

The current status and trend of smuggling crimes

1. Types of criminal objects are increasingly diverse

In 2021, watches, cigarettes, refined oil, etc. are still the main targets of smuggling criminals. Among them, there are 99 207 people and 5 units involving watches, tobacco, alcohol, and refined oil, accounting for over 50 %. The number of cases of smuggling frozen products and foreign garbage declined, but new types of smuggling goods such as human cells, video game consoles, and hyaluronic acid appeared.

2. Cross -border e -commerce smuggling crimes maintain a growth trend

In 2021, tourists, flight attendants and other purchasing staff brought a significant decline in smuggling cases with overseas goods, but foreign business, water customer gangs, domestic cargo owners close cooperation, mailing channels and other high incidences. The border people have become a new type of "water customer".

Cross -border e -commerce smuggling crimes still maintain a growth trend. This type of criminal method is mainly manifested as a cross -border e -commerce platform that imports the goods imported by general trade methods through the "swipe" method to import cross -border e -commerce trade methods, thereby Check the preferential tax rate. In the case of supervision of smuggling of smuggling in the free trade zone, domestic goods that have already exported abroad will occur, and cases that have been exported to the free trade zone after returning to the free trade zone before stealing out of the zone.

3. Crime main gang type, chain -type trend is becoming more and more obvious

In 2021, the Third Branch handled a number of smuggling crimes with a large number of people, clear division of labor, and suspected of evasion of the taxable tax, and was mainly concentrated in cross -border e -commerce types and smuggling criminal cases. For example, in a series of smuggling refined oil products investigated by the Shanghai Customs Anti -Smuggling Bureau, the person involved in the case includes a total of 23 people in the domestic first -level shareholders, secondary shareholders, transportation connections, and warehousing, and determined that the tax should be paid by 218 million yuan It ranged from 280,000 yuan, and eventually investigated criminal liability for smuggling ordinary goods and fined fines.

4. Smuggling crime is crime of money laundering and evading business inspection

Smuggling crimes are often accompanied by large payment and illegal income payment and transfer behavior. With the "Criminal Law Amendment (11)", the self -laundering is included in the scope of the strike, and the "self -laundering" behavior for smuggling crimes shall be crimes and punishment shall be punished. For example, in the process of smuggling frozen products, Yu Moujia uses the salary of the owner and crew of the owner and the crew of the owner, which is a money laundering behavior. At the same time, You Moujia uses other people's funds accounts to collect his own smuggling crimes' violation of the crime of violations of crimes. Relatedness constitutes "self -laundering".

Escaping and smuggling crimes also occur in the import and export link of the goods, so in the judicial practice, the actor may occur in the case of smuggling crimes while violating the crime of evading commercial inspection and sharing crimes and punishment.

03

In 2021, cracking down and preventing smuggling crime prosecution work

1. Perform their duties in accordance with the law and strictly fight smuggling crimes and strengthen legal supervision functions

In 2021, the Third Branch fulfilled the functional advantages of concentrating the case of smuggling crimes, and handled a group of major smuggling gangs in the large smuggling of more than 90 million yuan in taxes, more than 300,000 tons of extra -large smuggling oil products, etc. The tax -related amount is particularly huge, the number of people involved in the case, and the social impact cases have made every effort to protect the safety of the country. Increase the full chain crackdown on smuggling criminal activities on non -decentralized seas, and through guidance of investigations, focusing on deepening the investors behind the scenes, ship owners, and domestic transportation, and transportation personnel to form a new situation of anti -smuggling in full -chain blows. Adhering to the win -win situation and win -win judicial concept, while combating smuggling crimes, relying on public interest litigation and procuratorial functions, actively excavate and screen effective clues of smuggling solid waste and frozen products to maintain public interests to the greatest extent. 2. Can move the new development pattern of judicial services to ensure the high -quality development of economy and society

Pay attention to the protection of various economic entities, especially the private economy, increase the "hanging cases" of criminal lawsuits from civil operating enterprises, promote the long -term mechanism of "hanging cases", and safeguard the legitimate rights and interests of enterprises and parties. Promote the pilot work of enterprises in the field of smuggling crimes, strengthen the investigation of enterprises involved in the case, and conduct comprehensive considerations on the operating conditions, social responsibilities, and the willingness of the enterprise itself to accept compliance supervision. Implement the criminal judicial policy of "less caught" and prosecute, and in handling cases involved in business -related enterprises, comprehensively consider the situation involved in the case, subjective malignancy, and confession.

3. Lien and cooperate with the construction of the promotion mechanism, unify the standards for law enforcement case handling cases

Strengthen the cooperation with the investigation agency, and sign the "Measures on Strengthening the Investigation Work on Strengthening Criminal Cases" with maritime police institutions, and signing the "Opinions on the Case of Smuggling Crime Cases" with the Shanghai Customs Anti -Smuggling Bureau. Contact, contact difficult cases in a timely manner "principle, assign special contact, move the quality of the case forward, and improve the combined force. Establish and improve the work mechanism of case handling, study and draft the "Opinions on Reference Standards for Reference Standards for Reference Standards for Tax Crimson Crime Crime Crime Cases", and sign "Opinions of Criminal Acts for Criminal Criminal Act" with the Third Intermediate People's Court of the Third Intermediate People's Court to guide the decision -making of non -prosecution in accordance with laws and regulations. Rights, regulate the guilty of confession and penalties, and promote the implementation of judicial openness and justice. The seven procuratorial organs of Shanghai, Jiangsu, Zhejiang and Anhui, seven procuratorial organs in Shanghai, Jiangsu, Jiangsu, Zhejiang and Anhui, and seminar on anti -smuggling law enforcement agencies in Shanghai, Jiangsu, Zhejiang and Anhui, and seven -party meeting signed the "Long Triangle Regional Procuratorate Procuratorate Anti -Smouptic Law Enforcement Integration Cooperation Cooperation and Framework Agreement" to strengthen regional coordination and jointly create anti -smuggling law enforcement integration integration Collaborative "Long Triangle Model".

4. Extend the function to carry out the source of complaints and help the modernization of social governance

Actively promote comprehensive anti -smuggling governance, and in response to the problems of social governance found in the case, help relevant industries and units to block the construction of the system through the formulation of procuratorial suggestions, and promote the supervision effect from one case to similar problems governance to achieve higher -level higher -level levels. Noodles, higher levels of source governance. In response to the industry supervision vulnerabilities and relevant legal risks found in the case, in -depth relevant enterprises and industry supervision departments visited investigations, listened to the opinions of corporate compliance management, and could perform their duties to extend their procuratorial functions. Relying on the new media platform, the micro -video of "Never Out of the Links, But has become a smuggling", produce typical case exhibition boards, go to the free trade zone and new areas to carry out anti -smuggling rule of law propaganda, expand the breadth and depth of the publicity and legal services of the rule of law, Promote co -control, common prevention and co -governance.

Source | Shanghai Procuratorate Third Branch

Edit | Wu Shiyu

Review | Wu Ping

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