CIRCULAR guide the blind for criminal liability for the acts of producing, trading, transporting, storing, unauthorized use of firecrackers and Fireworks _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ To the prejudice to criminal right and consistent with respect to the acts of producing, trading, transporting, storing, unauthorized use of firecrackers and Fireworks , Ministry of public security, the Supreme People's Procuratorate and the Supreme People's Court of the Guide as follows: i. GENERAL ISSUES 1. Explanation of terms a) "firecrackers" (irrespective of origin or place of production) is the inner product containing the drug and when there are external forces, the impact factor of causing an explosion;
b) "Smoking guns" (irrespective of origin or place of production) is likely to cause a chemical reaction is fast, strong, heat, gas and BOOM;
c) "weight firecrackers" include: Shell guns, smoking cannons, rope burn slow, Cannon tubes and other parts attached to the cannon of finished products;
d) "unauthorized use of firecrackers" instructions in this circular includes: burning, throwing, beating, thrust vectoring, or taking any other form of explosive Cannon (hereafter referred to collectively as the "burning of firecrackers").
2. The principle of handling a) These offences relating to the manufacture, sale, transportation, possession, unauthorized use of firecrackers and Fireworks or firecrackers seized guns and drugs must be timely detected and handled according to strict provisions of the criminal code, 1999 (hereinafter referred to as the PENAL CODE);
b) in all cases, firecrackers, smoking guns and material, the tool used to produce firecrackers, smoking guns to be confiscated. Detecting, seizing evidence, handling physical evidence is firecrackers, smoking guns are made in accordance with the provisions of article 75 and article 76 criminal law in 2003;
c) with respect to the acts of producing, trading, transporting, storing, unauthorized use of artillery (irrespective of origin or place of production but in the list of goods and services prohibited under the rules of the business of Government) shall also be treated as for the behavior of production , purchase, sale, transport, possession, unauthorized use of firecrackers are guided in this circular.
II. The PREJUDICE CRIMINAL LIABILITY For The ACTS Of BURNING FIRECRACKERS 1. Who would burn firecrackers in one of the following circumstances shall be blind for criminal liability for the crime of "disturbing public order" in paragraph 1 PENAL CODE 245 Thing: a) Fireworks exploding in public, those where meetings, gathering places;
b) Burning firecrackers thrown out on the street, thrown into the others, throw in other media are in circulation, the throw from on high down, burning firecrackers bring the truck is running;
c) Burning firecrackers that cause health damage to another's property, but the extent of the damage to the extent that prejudice to criminal liability for a crime;
d) Burning firecrackers with an equal number from 1 kg to 5 kg for the Fireworks or similar products from 0.1 kg to under 0.5 kg for smoking guns;
e) Fireworks exploding in numbers below 1 kg of finished products or under 0.1 kg gun for gun and drugs were dealt with administratively on the burning behavior Cannon Blast or was sentenced for the crime, not yet deleted project that also violates.
2. Who would burn firecrackers in one of the following circumstances shall be prejudice criminal liability under clause 2 Article 245 PENAL CODE: a) Has been convicted on charges of "disturbing public order" under section 1 of part II of this circular;
b) entice, provoke children or entice, provoke many of the same Fireworks;
c) impede, dissuade people assault (including the person on duty, the protection of public order or others stop burning firecrackers);
d) Burning firecrackers with an equal number from 5 kg up for Fireworks or similar products from 0.5 kg of smoking guns.
3. Who would burn firecrackers that cause serious damage to life, health, property of others in addition to prejudice the criminal responsibility for the crime of "disturbing public order" under article 245 PENAL CODE, violators may be prejudice criminal liability on charges of other provisions in this law , with serious consequences to the life, health, property of others by burning firecrackers that cause. For example: If fireworks explode causing injury or harm to the health of other people to have to handle the criminal has just been blind for criminal liability for the crime of "disturbing public order" specified in article 245, the PENAL CODE had just been blind to criminal offence "knowingly causing injury or harm to the health of others" specified in article 104 PENAL CODE.
III. The PREJUDICE CRIMINAL LIABILITY For The ACTS Of PRODUCING, Trading, Transporting And STORING FIRECRACKERS, SMOKING GUN 1. For a) Who would produce or appropriating explosive artillery; manufacturing, Stockpiling, transporting, using, trading in illegally appropriating drugs, guns or being prejudice criminal liability for the crime of "manufacturing, Stockpiling, transporting, using, trading in unauthorised or appropriating explosive materials" specified in article 232 PENAL CODE;
b) Who would buy and sell illegally across the border was the firecrackers, save for criminal liability for the crime of "smuggling" the provisions of article 153 PENAL CODE;
c) who transported illegally across the border was the firecrackers, save for criminal liability for the crime of "illegal transportation of goods across the border" specified in article 154 PENAL CODE;
d) Who would purchase behavior or storing, transporting illegal firecrackers for the purpose of trafficking in the country being prejudice to criminal offence "trafficking in forbidden goods" provisions of article 155 PENAL CODE.
2. About the amount of delinquency to prejudice as a basis for criminal liability 2.1. Who would produce or appropriating explosive cannon in number from 2 kg to under 30 kg; manufacturing, Stockpiling, transporting, using, trading in illegally appropriating smoking guns or have quantity from 1 kg to under 15 kg or below that number, but have dealt with politically or cause serious consequences being prejudice criminal liability according to paragraph 1 Article 232 PENAL CODE; If unauthorized purchases, shipping across the border being prejudice criminal liability according to point c Article 2 clause 232 PENAL CODE.
2.2. Who would produce or appropriating explosive artillery; manufacturing, Stockpiling, transporting, using, trading in illegally appropriating smoking guns or have quantity below being prejudice criminal liability under paragraphs 2, 3 and 4 respectively of the PENAL CODE: 232 a) Cannon Blast in number from 30 kg to under 90 kg; smoking is the number from 15 kg to under 75 kg (item 2 Article 232 PENAL CODE);
b) Cannon Blast in number from 90 kg to under 300 kg; smoking is the number from 75 kg to under 200 kg (account 232 Article 3 PENAL CODE);
c) Cannon Blast in number from 300 kg or more; smoking is the number from 200 kg or more (clause 232 4 PENAL CODE).
2.3. Who would buy the sale, transportation, possession of illegal firecrackers in number from 10 kg to 50 kg (considered large number) or under that number, but has sanctioned politically or cause serious consequences being prejudice criminal liability under paragraph 1 of Article 153 154 or 155 PENAL CODE thing.
2.4. Who would purchase, transportation, possession of illegal firecrackers in number from 50 kg to under 150 kg (considered very large numbers) being prejudice criminal liability according to clause 2 of Article 153 Article 154 Article 155 PENAL CODE or,.
2.5. People would purchase, transportation, possession of illegal firecrackers in number from 150 kg and over (considered large special numbers) being prejudice criminal liability according to paragraph 3 of Article 153 Article 154 Article 155 PENAL CODE or,.
2.6. A person at the same time breaking the crimes specified in one of the 153, 154, 155 and 232 PENAL CODE or the same time infringement offences prescribed in many different laws (for example: just a crime specified in article 232, just a crime specified in article 153 or breaking all four crimes stipulated in articles 153 , 154, 155 and 232 PENAL CODE), then it must be a trial with high penalty levels of penalty provisions for each crime.
IV. EFFECTIVE 1. This circular effect after 15 days from the date the Gazette; the instructions of Ministry of public security, the Supreme People's Procuratorate and the Supreme People's court contrary to this circular are repealed.
2. The organs of public security, procuratorate, Court and levels must coordinate closely in the investigation, prosecution, trial to strict, timely processing of these offences relating to the manufacture, sale, transportation, possession, unauthorized use of firecrackers, guns or drugs seized firecrackers smoking gun, according to the provisions of the PENAL CODE and regulations guide in this circular.
3. for the cases under investigation, prosecution, trial of offences relating to the manufacture, sale, transportation, possession, unauthorized use of firecrackers, smoking guns, or seized firecrackers, smoking guns shall be made according to this circular.
4. With regard to the case of convicted according to the guidance documents previously about the offence relating to the manufacture, sale, transportation, possession, unauthorized use of firecrackers, Fireworks or firecrackers, smoking guns seized was in effect the law is not based on the instructions in this circular for protest under procedure of Cassation , retrial, unless there are other protest base.
5. in the implementation process, if there are problems that need explanation or additional instructions, recommendations reports for the Ministry of public security, the Supreme People's Procuratorate, the Supreme People's Court to have the explanation or additional instructions promptly.