The public security organs and the law will cooperate with each other in division of labor, and the behavior of “touching porcelain” will face severe punishment

A few days ago, we learned from relevant channels that the Ministry of public security held a press conference to inform the Supreme People’s court, the Supreme People’s Procuratorate and the Ministry of public security of the relevant situation of jointly printing and distributing the guiding opinions on handling “porcelain bumping” criminal cases according to law (hereinafter referred to as the Guiding Opinions). Before that, the Supreme People’s court and other websites have published the guidance, which further clarifies the problems such as severe punishment for “porcelain bumping” crimes, division of labor and cooperation between public security and law enforcement departments, and conviction and sentencing. The guidance is as follows: < / P > < p > higher people’s courts, people’s procuratorates, public security departments (bureaus) of provinces, autonomous regions and municipalities directly under the central government, and new regulations In recent years, the phenomenon of “porcelain bumping” has occurred from time to time. The so-called “touching porcelain” refers to the behavior that the perpetrator illegally demands property by deliberately creating or fabricating the false appearance of his being killed and by means of fraud, extortion, etc. In practice, some lawless elements create or fabricate others to cause damage to their personal and property by “setting up a bureau”; some implement it by self injury, causing accomplice injury or using their own original injury to falsely accuse the victim of causing it; some deliberately create traffic accidents by using the victim’s violation of road traffic regulations or drunk driving, driving without license or motor vehicle The illegal behaviors such as incomplete procedures are carried out through the psychology of the victims who are afraid of being investigated and dealt with; some of them directly carry out criminal activities such as robbery, snatching and intentional injury to the victims after the “touch porcelain” behavior is identified. This kind of illegal and criminal behavior is bad in nature, has serious harmful consequences, spoils the social atmosphere, and is easy to breed evil forces, which has strong repercussions from the people. These opinions are formulated in accordance with the provisions of the criminal law, the criminal procedure law, the law on punishment for public security administration and other laws for the purpose of punishing the illegal and criminal activities of “touching porcelain” according to law, protecting the legitimate rights and interests of the people, and maintaining social order. First, the implementation of “touch the porcelain”, making up the facts, concealing the truth, defrauding compensation, in line with the provisions of Article 266 of the criminal law, shall be convicted and punished with the crime of fraud; defrauding insurance money, in line with the provisions of Article 198 of the criminal law, shall be convicted and punished with the crime of insurance fraud. < / P > < p > those who “touch the porcelain”, fabricate the fact that their personal and property rights and interests have been infringed, fabricate civil disputes, and institute civil proceedings in accordance with the provisions of article 307-1 of the criminal law shall be convicted and punished with the crime of false litigation; those who constitute other crimes shall be convicted and punished with heavier punishment in accordance with the provisions of heavier punishment. Second, the implementation of “touch porcelain”, with one of the following acts, extorting other people’s property, in line with the provisions of article 274 of the criminal law, shall be convicted and punished as the crime of extortion: < / P > < p > 1 >4. Threatening to infringe upon the victim and his close relatives’ personal and property. 3、 Those who use violence, coercion or other means to rob other people’s property on the spot, in compliance with the provisions of Article 263 of the criminal law, shall be convicted and punished for the crime of robbery. Fourth, the implementation of “touch porcelain”, by diverting attention, taking advantage of others unprepared and other ways to steal, seize other people’s property, in line with the provisions of Article 264 and 267 of the criminal law, respectively, with the crime of theft, snatch conviction and punishment. (5) those who intentionally cause damage to other people’s property by “touching porcelain” in line with the provisions of article 275 of the criminal law shall be convicted and punished for the crime of intentionally damaging property. 6. Driving a motor vehicle to chase, collide, crowd, intercept, accelerate or decelerate suddenly or brake other motor vehicles that may affect traffic safety, resulting in a major accident, causing serious injury, death or heavy loss of public or private property, which conforms to the provisions of Article 133 of the criminal law, shall be convicted and punished as traffic accident crime . (7) those who intentionally kill or injure others or negligently cause serious injury or death to others for the purpose of “touching porcelain” in accordance with the provisions of articles 232, 234, 233 and 235 of the criminal law shall be convicted and punished respectively for the crime of intentional homicide, intentional injury, negligently causing death or negligently causing serious injury. 8. In order to obtain property, illegal detention and other methods are adopted to deprive others of their personal freedom or search others’ bodies, which are in line with the provisions of article 238 and 245 of the criminal law, and shall be convicted and punished respectively for the crime of illegal detention and illegal search. 9. Those who jointly and intentionally commit the crime of “touching porcelain” and play a major role should be identified as the principal offender and bear criminal responsibility for all the crimes they participate in or organize or direct; those who play a secondary or auxiliary role should be identified as accomplices and be given a lighter or mitigated punishment or be exempted from punishment according to law. < / P > < p > a relatively fixed criminal organization composed of more than three persons for the purpose of jointly and intentionally committing the crime of “touching porcelain” should be recognized as a criminal group. The ringleaders shall be punished according to all the crimes committed by the group. < / P > < p > People’s courts, people’s procuratorates and public security organs at all levels should handle cases in strict accordance with the law, strengthen cooperation and cooperation, and deal with the illegal and criminal acts of “touching porcelain” quickly, accurately and severely according to the law. First, it is necessary to carry out investigation and disposal, approval of arrest, prosecution and trial in a timely manner in accordance with the law. After receiving the report, accusation and report, the public security organ shall rush to the scene immediately, stop the crime in time, properly protect the scene of the crime and control the perpetrator. For those who meet the conditions for filing a case, we should timely carry out investigation, comprehensively collect evidence, collect surveillance video from the scene of the case, collect witness testimony, check the information of the persons and vehicles involved in the case, and timely combine the cases for investigation. If the people’s Procuratorate meets the conditions for arrest and prosecution, it shall approve the arrest and prosecution as soon as possible. The people’s court shall try the “porcelain bumping” cases in a timely manner in accordance with the law. If the case constitutes a crime, the criminal shall be investigated for criminal responsibility in strict accordance with the law. Second, cooperation and cooperation should be strengthened. The public security organs and the people’s procuratorates should strengthen communication and coordination, solve the problems of case characterization, jurisdiction and evidence standard, and ensure the smooth handling of cases. For difficult and complicated cases, the public security organ may listen to the opinions of the people’s Procuratorate. If supplementary investigation is really necessary, the people’s Procuratorate shall make a clear and detailed outline of supplementary investigation, and the public security organ shall timely supplement evidence. The people’s court should strengthen its judicial power and try justice in strict accordance with the law. Third, we should strictly implement the criminal policy of combining punishment with leniency, and implement the leniency system of guilty plea and punishment. It is necessary to comprehensively consider the size of the subjective malignancy, the means and methods of the behavior, the harmful consequences and the role played in the case, so as to treat them differently. The ringleaders of the “touch porcelain” criminal group, the criminals who take an active part in it, and the criminals who refuse to change their ways after repeated education should be severely punished according to law as the focus of the crackdown. If the nature of the crime, the harmful consequences and the social impact of the crime are especially serious, and the circumstances of leniency are discretionary, but not sufficient for lenient punishment, no lenient punishment shall be given according to law. Those who surrender themselves, perform meritorious service, confess their crimes or admit punishment shall be dealt with leniently according to law. At the same time, we should accurately grasp the legal yardstick, pay attention to distinguish the boundary between “porcelain bumping” crimes and ordinary civil disputes, administrative violations, not only to prevent the “degradation treatment”, but also to prevent the problem of too large attack area. Fourthly, publicity and education should be strengthened. The people’s courts, people’s procuratorates and public security organs should, in the process of punishing such crimes in accordance with the law, increase publicity and education efforts, and, in handling cases according to law, disclose to the public the means and ways of breaking the law against crimes by means of news media, WeChat official account and micro-blog, and guide people to enhance their self-protection awareness. Report to the police when necessary, and safeguard their legitimate rights and interests in accordance with the law. It is necessary to expose a number of typical cases in a timely manner, and through the interpretation of cases, effectively deter criminals and create a good legal environment in the whole society.