The taxi driver sent 5 to be sentenced to one year to be sentenced to one year, the highest prosecution: knowing that the shuttle and the smugglers still provide help, constitute a crime

Author:Red Star News Time:2022.07.07

On July 7, the highest prosecution released a typical case of punishing crimes in accordance with the law and obstructing state (border) management crimes, including 4 stolen Vietnamese national borders and 2 transportation of others to steal the country (border), involving the attraction of many people Cross -border smuggling and taxi drivers know that other people's transportation personnel steal the border and help transportation and other criminal acts.

In the case of a taxi driver who knew that his pick -up personnel was a smugglers beforehand, in order to obtain a high rental fee, he still chose to help the criminal gang. Does it constitute a crime? In this batch of typical cases, Liu Moumou and other five people transported others to steal the border case to give a clear answer to this: it also endangered the border management order and constituted a crime, and should be punished according to law.

Rental driver has been hired many times to transport smuggles

The case of the Supreme Procuratorate reported that in November 2019, 5 people including Wen Moumou and Peng Moumou (separated by another case) intend to go to Macau, but because of the illegal records in Macau, they could not go through regular channels. "Mei Moumou and others are responsible for responding, Liu Moumou and others are responsible for transportation. On the evening of the 30th of that month, Liu Moumou arranged Yang Moumou to respond to five crowds of crossing personnel such as Mei Moumou and Wen Moumou at the gate of the Zhuhai building, and Liu Moumou's taxi driver Yang Moumou was responsible for transporting.

Yang Moumou had previously hired Liu Moumou to be employed by Liu Moumou twice on November 24th and 25th. In the case of the traversal personnel, in order to obtain illegal interests, Liu Moumou was still arranged to drive and rent to rent. The car was equipped with Yang Moumou and five to steal the personnel to the seaside near a shipyard in Zhuhai, and Liu Moumou responded to Xiang Moumou in advance.

According to Liu Moumou's instructions, Yang Moumou was waiting near the car to take the crowded guests returning from Macau. Subsequently, five other crowded persons such as Wen Moumou were carried by a wooden boat to cross the sea to Macau. Because of the lack of experience in driving the ship control from the afternoon of the same day, the ship was not equipped with life equipment, many people on board, etc. When driving for about 2 or 3 minutes (about 80 meters from the shore), the ship was tilted and the bow was watered by the ship. Swimming to the shore to be rescued by Moumou, Wen Moumou and Peng Moumou were rescued by the maritime police who came from hearing the news.

The offender was sentenced to one year for the crime of transporting others to steal the border

On December 1, 2019, the Zhuhai Police Station was investigated in the case. On December 2nd and 3rd of the same year, five suspects were arrested and brought to justice. On March 6, 2020, the Zhuhai Municipal People's Procuratorate was transferred to the Prosecutor. On June 5 of the same year, the People's Procuratorate of Zhuhai City was handled by the People's Procuratorate of the Hengqin New District (now the People's Procuratorate of Hengqin, Guangdong Province, and the same below).

On July 13 of the same year, the People's Procuratorate of the Hengqin New District of Zhuhai, with Liu Moumou, Yang Moumou, Xiang Moumou, Mei Moumou, and Yangmou. Qinyue and Australia's deep cooperation zone people's court, the same below) filed a public prosecution.

On December 29, 2020, the People's Court of the Hengqin New District of Zhuhai determined that Liu Moumou, Yang Moumou, Xiang Moumou, and Mei Moumou transported others to steal the border. Compensation and other circumstances are sentenced to three to eight years in prison for 4 people, and fined a fine of RMB 10,000 to 20,000 yuan. He was convicted of Yangmou.

On January 5, 2021, the People's Procuratorate of Zhuhai Hengqin New District believed that the court in the first instance did not determine that Yangmou had a misunderstanding of a crime, and then filed a protest, and the People's Procuratorate of Zhuhai City supported the protest. On April 13 of the same year, the Zhuhai Intermediate People's Court accepted a protest opinion and sentenced Yang to the crime of transporting others to steal the border. He was sentenced to one year in prison and fined 5,000 yuan because of his attempted and committed circumstances.

Do not touch the danger of short -term economic interests

The People's Procuratorate of Zhuhai Hengqin New District believes that according to existing evidence, Yangmou has previously been hired to transport "guests" by Liu Moumou, and I already know that Yang Moumou is a "guest" in Liu Moumou. Those who steal the border of Vietnam still continue to help him pick up the "guest" after reaching Liu Moumou. The third time (that is, this time) is still on the teachings of Liu Moumou, Yang Moumou and the 5 guests he brought by him. Yang Moumou is an active help behavior under the domination of crime, not a neutral performance act as a taxi driver.

Regarding the typical significance of the case, the highest prosecution introduction, Guangdong is adjacent to Hong Kong and Macao, and for a long time, illegal criminal activities of stolen Vietnam border have continued to cause high incidence. Especially in recent years, in order to evade entry of inbound epidemic prevention and isolation, some personnel have stolen the situation of the border between Vietnam, which not only endangers the country's entry and exit management order, but also causes serious hidden dangers to crimes such as prevention and control, blowing and preventing smuggling, and drugs. Most of the smuggling vessels are "three -none" ships, resulting in major hidden dangers of the personal safety of the smuggling personnel. Citizens should consciously abide by the border management order of Hong Kong, Macao and Taiwan, go through legal procedures, and enter and exit the border through regular channels.

The Supreme Procuratorate reminds that employees in the transportation industry should strengthen legal business awareness and not make insurance for short -term economic interests.With the continuous enhancement of strikes, in order to avoid blows and reduce risks, the criminals recruiting, sea closes, and delivery on the road.The criminal gang is no longer responsible for the entire organization and transportation links, but instead pays high fees or temporarily hire taxis, privately operate cars, boatmen and other methods.Covering its illegal acts and reducing the risk of being seized by the criminal gang.The Supreme Procuratorate pointed out that the driver of taxis and privately operated car drivers knew that their pick -up personnel were stealing personnel beforehand. In order to obtain high rental costs, they still chose to help criminal gangs.It should be punished according to law.

Red Star reporter Gao Xin Beijing report

Edit Chai Chang

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