(October 30, 1999) China declared on October
30, 199 the launch of detailed judicial explanations on laws
regarding crimes committed by cults.
China's
top judicial and procuratorial organs, the Supreme People's
Court and the Supreme People's Procuratorate, also declared
that the explanations take effect as of October 30.
Under the explanations jointly issued by the
two departments, "cult groups" in Article 300 in
the Criminal Law refers to those illegal groups that have
been found using religions, Qigong or other things as a
camouflage, deifying their leading members, recruiting and
controling their members and deceiving people by molding and
spreading superstitious ideas, and endangering the society.
Section 1 of Article 300 in the Criminal Law
stipulates that "those who organize superstitious sects
and secret societies or use superstition to violate laws or
administrative regulations" are subject to three to
seven years imprisonment, and those whose cases are
extremely serious are subject to seven years imprisonment or
more".
Under Section 2 and 3 of the
article, those who set up or use superstitious sects and
secret societies or superstition to deceive people and cause
death of others are subject to the penalties as indicated in
the previous section.
Under the two sections,
those who organize and use superstitious sects, secret
societies or superstitions to sexually exploit women or
swindle money or property should be punished according to
articles on rape and swindle in the Criminal Law.
Under the explanations, those who organize and
use sects and commit one of the following activities should
be penalized according to Section 1, Article 300 in the
criminal law:
I. gathering people together to
besiege and charge government organs, enterprises or
institutions, and disrupt their work, production and
teaching and research activities;
II. holding
illegal assembly, demonstrations to incite or deceive, or
organize their members or others to besiege, charge, seize,
disrupt public places or places for religious activities, or
disrupt social order;
III. resisting
departments concerned to ban their groups, or resuming the
banned groups, or establishing other sects, or continuing
their activities;
IV. instigating, deceiving
or organizing their members or others to refuse fulfilling
their legal obligations, and the case is serious;
V. publishing, printing, duplicating or
distributing publications spreading malicious fallacies, and
printing symbols of their sects; and
VI. other
activities that violate the state law or administrative
regulations.
According to the explanations, a
case is regarded as "serious" if it involves any
of the following while conducting the activities in the
previous article:
I. setting up organizations
or recruiting members across provinces, autonomous regions
and municipalities that are under direct administration of
the central government;
II. collaborating with
overseas groups, organizations and individuals for
sect-related activities; III. publishing, printing,
duplicating and distributing, either in terms of volumes or
sales values, a large amount of publications spreading
fallacious ideas and printing symbols of sects; and IV.
instigating, deceiving or organizing their members or others
to violate state laws, administrative regulations, and
resulting in serious consequences.
Under the
explanations, setting up or using superstitious sects,
secret societies or superstition to deceive people and cause
death of others in Section 2 and 3 of Article 300, refers to
the cases of establishing or using sects to mold, spread
superstition or fallacies, deceiving their members or others
to practice fast, inflict wounds upon themselves, or prevent
patients from taking normal medical treatment and resulting
in deaths.
The explanations says it will be a
"serious offense" if the following occurs:
I. causing three deaths or more; II. causing
fewer than three deaths but serious injuries for many
people; III. those who have received criminal or
administrative penalties for engaging in cult activities
continue to establish or use sects to deceive people and
result in deaths; and VI. causing other special serious
consequences.
Under the explanations, those
who establish or use sects to mold, spread superstition and
fallacies, instigate and coerce their members or others to
commit suicide or inflict wounds on themselves, should be
punished according to laws on intended murder or intended
harming offenses under causes in the criminal law.
Those who organize and use superstitious sects
and sexually exploit women or young girls by seducing,
coercing, deceiving or other ways should be punished
according to clauses on rape, or raping underage girl
offenses, under the criminal law, the explanations
stipulates.
Those who swindle money or
property by establishing or using sects or other means
should be punished according to articles on swindle offenses
in the criminal law.
Offenses of establishing
or using sects to organize, scheme, carry out and instigate
activities of splitting China, endangering the reunification
of China or subverting the country's socialist system should
be handled according to relevant laws on endangering state
safety offenses, as stipulated in the criminal law.
All the money and property collected by sects
or criminal offenders who use sects to violate laws, and
tools and publicity materials used for criminal activities,
should be confiscated according to law, it says.
Those who organize, plot or use sects for
criminal activities and those enthusiastic participants who
refuse to mend their ways despite repeated admonition should
be investigated and affixed the criminal offense
responsibility according to the criminal law and this
explanations, it says.
But those who surrender
themselves to law enforcement departments, or who perform
meritorious services, should be given lenient penalty or
exempted from penalty according to law, it says.
Those who were deceived or coerced into sects
and had already withdrawn from the sect will not be
considered as offenders, the explanations says.
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