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New judicial explanation clarifies punishment on smugglers  

走私货品偷逃税额10万元以上即应定罪处罚

为进一步规范走私刑事案件的法律适用,依法惩治走私犯罪,最高人民法院、最高人民检察院9日联合发布了《关于办理走私刑事案件适用法律若干问题的解释》。[查看全文]
2014-09-10 10:06 Xinhua Web Editor: Mo Hong'e
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A new judicial explanation by the Supreme People's Court (SPC) on Tuesday, clears up ambiguities about the punishment of smugglers.

The document, jointly released by the Supreme People's Procuratorate (SPP), states that if the amount of customs duty which a person evades through smuggling reaches 100,000 yuan ($16,200), the person will face a criminal charge.

If the amount reaches 500,000 yuan, the case is serious and, if it reaches 2.5 million yuan, the case is extremely serious.

These articles fill the blank left by the current Criminal Law that does not set clear conditions for criminal penalties in smuggling cases, said a SPC statement.

The judicial explanation also clarifies the definition of arms smuggling. Current law uses the terms "military arms" and "non-military arms". The new document defines "firearms" and those powered by other means, such as air guns.

The judicial explanation adds a new regulation on banned animal products imported as souvenirs other than for business purpose. If the value of such products is less than 100,000 yuan, this person will not be charged with a crime but fined.

The SPC and SPP expect the new judicial explanation to better deter and punish smugglers, the statement said.

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