Mainland China Friday (June 21)The opinions of punishing "Taiwan independence" stubbornly split the country and incite the crime of splitting the country in accordance with the law, and make specific regulations on punishing "Taiwan independence" conviction standards and procedure specifications.The country and the people are particularly harmful and the circumstances are particularly severe, and they can be sentenced to death.
According to Xinhua News Agency, the above opinions point out that there is only one China in the world, and Taiwan is an inseparable part of China's territory.A few "Taiwan independence" stubborn elements have a "Taiwan independence" division activity, which seriously harms the peace and stability of the Taiwan Strait region, seriously damage the common interests of compatriots on both sides of the strait and the fundamental interests of the Chinese nation.
Opinions say that for the purpose of splitting Taiwan from China and one of the following acts, in accordance with the provisions of Article 103, paragraph 1 of mainland China Criminal Law, and punish punishment for crime of dividing the country, punishment and punishment shall be punished by the crime of crime.:
First, initiate and establish a "Taiwan independence" division organization, plan and formulate the "Taiwan independence" division action program, plan, and plan, and direct members of the "Taiwan independence" split organization or other personnel to implement division and destroy the countryUnified activities;
Second, through the formulation, modification, interpretation, and abolition of relevant regulations in Taiwan or "citizen voting", etc., to change Taiwan to change Taiwan's legal status;
Third, by promoting international organizations participating in Taiwan's participation in only sovereignty countries, or official exchanges, military contact and other methods, we have made a conspiracy to create "two China", "one Chinese and one", and "Taiwan independence" in the international community.
Fourth, use power in the fields of education, culture, history, news media and other fields. Tampered that Taiwan is part of the facts in China, or for political parties and groups that support the peaceful development of cross -strait relations and the national unity of the country., Personnel; and other tricks that split Taiwan from China.
pointing out that if the role, planning, and commanding role in the "Taiwan independence" split crime group shall be identified as the "primary element" stipulated in Article 103 of the Criminal Law.If the behavior of Article 2 of the implementation opinion has one of the following circumstances, it shall be identified as the "major crime" specified in Article 103 of the Criminal Law, including the main division of the "Taiwan independence" split organization directly; the implementation of the "Taiwan independence independence"The consequences of division activities are serious and influenced; others play a significant role in the" Taiwan independence "division activities.
If one of the following circumstances, it shall be identified as "active participation" stipulated in Article 103 of the Criminal Law, including participating in the "Taiwan independence" split tissue division activities;The backbone of the backbone; actively assisted the primary elements to implement the organization and leadership in the "Taiwan independence" split organization; and other active participation.
The opinion pointed out that if the implementation of the second prescribed behavior, if the primary or the crime is significant, the life imprisonment or more than 10 years in prison, of which the country and the people are particularly serious and the circumstances are particularly bad.The death penalty can be sentenced; for those who actively participate, they will be imprisoned for three or less or less than three years; for other participants, they will be sentenced to three years in prison, detention, control, or deprivation of political rights.
In addition, for the purpose of splitting Taiwan from China, one of the following behaviors shall, in accordance with the provisions of Article 103 of the Criminal Law, to incite the crime and punishment of the division of the state"The split claims and its split action program, plan, plan; and other acts that instigated Taiwan to split Taiwan out of China.
If the behavior stipulated in Article 7 of the Implementation Opinions, if the circumstances are serious, causing serious consequences, or causing particularly bad effects, it shall be identified as "major crimes" stipulated in Article 103 of the Criminal Law.If the implementation opinion is stipulated in Article 7, the imprisonment, detention, control or deprivation of political rights in prison for less than five years; those who are primary or crimes are in prison for more than five years.If the implementation opinion of Article 2 and 7 stipulates that the behavior may be confiscated, the property can be confiscated.If the acts of collusion with foreign institutions, organizations, and individuals with foreign institutions, organizations, and individuals shall be severely punished in accordance with the provisions of Article 106 of the Criminal Law.
If the "Taiwan independence" stubborn molecular split the country and incite the criminal behavior of the state, the criminal behavior is continuous or continued, and the period of prosecution will be calculated from the end of the criminal act.After the investigation of the public security organs in mainland China, the national security organs, or the case of the people's court accepts cases, evades the investigation or trial, it will not be restricted by the period of prosecution.
If the suspects who should be arrested, if they are escaping, the public security organs and national security organs can issue a wanted order, take effective measures, and hunt up the case.The criminal suspect and the defendant voluntarily confess their crimes and acknowledge the criminal facts of the charges. If they are willing to accept the punishment, they can handle it from the law according to law.
The "Taiwan independence" stubborn stubborn actively abandon the "Taiwan independence" division position, will no longer implement the "Taiwan independence" division activities, and take measures to reduce, eliminate the consequences of harm or prevent the expansion of harm.One provisions can be revoked, not prosecuted or not prosecuted in one or more suspected crimes.
The criminal suspect and the defendant have the right to defense according to law. In addition to exercising the right of defense, they can also entrust one to two as the defender.
For the "Taiwan independence" stubborn molecules approved by the Supreme People's Procuratorate, the "Taiwan independence" stubborn molecules are split and incite the criminal cases of criminal criminal cases.The people's procuratorate believes that the facts of the crime have been found, and the evidence is indeed and sufficient. If the criminal responsibility shall be investigated in accordance with the law, a public prosecution may be filed to the People's Court of the Mainland.After the people's court conducts a review, if there is a clear allegations of criminal facts in the indictment, and the applicable conditions for the absence of the trial procedure, the trial shall be decided.
The preceding case is formed by the intermediate people's court designated by the Supreme People's Court of the mainland for trial.
The "Taiwan independence" stubborn molecular division of the "Taiwan independence" stubbornly split country and incite the national criminal cases of public prosecution in accordance with Article 291, paragraph 1 of the Criminal Procedure Law, and incite the criminal cases of national criminal cases.Dedicated to the defendant.After the submission and the copy of the indictment were delivered, if the defendant did not arrive in the case as required, the people's court shall open a trial, make a judgment in accordance with the law, and deal with the illegal income and other property involved in the case.
The people's court absent from the trial of "Taiwan independence" stubborn molecules to split the country and incite the criminal cases of the state. The defendant has the right to commission or entrusts one or two defender by close relatives.If you entrust abroad, you shall not be notarized and certified in accordance with relevant regulations.
If the defendant and their close relatives do not entrust the defender, the people's court shall notify the legal aid agency to assign lawyers to defend the defendant.If the defendant and his close relatives refuse to defend the lawyer assigned by the legal aid agency, the people's court shall find out the reason.If the reason is legitimate, it shall be allowed, but if the defendant or its close relatives shall commission the defender within five days; if the defendant and their close relatives have not entrusted the defender separately, the people's court shall notify the legal aid agency within three days to assign lawyers another lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a lawyer as a law.It provides defense.
The people's court is absent from the trial of "Taiwan independence" stubborn molecules to split the country and incite the criminal cases of national criminal cases. The judgment should be sent to the defendant and their close relatives and defender.If the defendant or his close relative does not accept the verdict, he has the right to appeal to the people's court at the higher level.The defenders could appeal with the consent of the defendant or their close relatives.