Guidance on Porcelain Touching by Supreme Peoples Court Procuratorate Public Security Ministry, China

 

 Two highs and one clearly define touch porcelain by Guidance on Porcelain Touching by Supreme Peoples Court Procuratorate Public Security Ministry, China

The Ministry of Public Security held a press conference on October 14 to inform the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security to jointly issue the "Guiding Opinions on Handling Porcelain Touching Illegal and Criminal Cases.

 

According to the press conference, in recent years, the phenomenon of "touching porcelain" has occurred from time to time, with a bad nature and various concealed methods, which not only seriously endangers citizens' personal and property safety, but also disrupts social order.

 For this reason, the public, procuratorate, and legal agencies have made "touching porcelain" illegal crimes one of the key points of crackdown. However, when handling cases, clearer normative documents are needed for guidance.

 

The press conference pointed out that "touching porcelain" is a commonly used term for this type of social evil. In the past, the legal boundary was not clear due to the lack of clear definition. 

In order to solve this problem, after investigation, the "Guiding Opinions" defined "touch porcelain":

What is porcelain touching?

It refers to the behavior of the perpetrator illegally claiming property by deliberately fabricating or fabricating the false appearance of the victim, using fraud, extortion and other methods. This is the first time that the behavior of "touching porcelain" has been accurately defined, providing guidance for judicial practice.

 

The "Guiding Opinions" also sorted out the crimes constituted by "touching porcelain" and clarified the classification. Common situations are mainly divided into two categories: one is fraud. That is, the situation of creating false appearances, using deception and deceiving methods to induce the victim to be deceived, thereby obtaining property, its outstanding feature is "deception", which mainly involves the crime of fraud, insurance fraud, and false litigation. The other type is extortion.

 That is, it not only creates false appearances, but also uses minor violence, soft violence against the victim or his close relatives, or threatens to expose their violations, privacy, or threats to infringe, so as to obtain property. Its outstanding feature is "extortion", which mainly involves the crime of extortion .

 

In addition, the "Guiding Opinions" also stipulate that the implementation of "touching porcelain" does not constitute a crime, but constitutes a violation of public security management, public security management penalties shall be imposed in accordance with the law to achieve an effective connection between administrative law enforcement and criminal justice.

 

According to reports, in practice, the crime of "touching porcelain" has increasingly shown the characteristics of gangs and groups, and even forms of evil forces in certain areas.

 Compared with the crime of "touching porcelain" committed by a single subject, the social harm of the crime of "touching porcelain" carried out jointly, through criminal groups and underworld organizations, is more serious and the impact is even worse. 

For this reason, the "Guiding Opinions" clarify the determination and severe punishment of joint crimes and criminal crimes in the "touching porcelain" case, stipulating that those who meet the criteria for the determination of criminal forces should be organized in accordance with the nature of the underworld, the evil forces or the investigation, prosecution, and trial of criminal groups by evil forces will help eradicate the foundation of such criminal organizations and purify the social environment.

 

At the same time, the "Guiding Opinions" stipulate that when handling such cases, the people's courts and procuratorial organs must adhere to both leniency and strictness and accurately apply the law. 

The people's courts should comprehensively consider the perpetrator's subjective malignancy, behavioral means, harmful consequences, and the perpetrator's role in the case based on the characteristics of different "touching porcelain" behaviors, embodying differentiated treatment, and implementing both leniency and strictness. 

As for the chief elements and backbone elements of the "touching porcelain" criminal group, those who repeatedly "touched porcelain", especially those who have not corrected themselves after repeated instruction, and the consequences are particularly severe and the impact is particularly bad, should be severely punished in accordance with the law as the key to crackdown. 

The procuratorial organs continue to strengthen coordination and cooperation with the public security organs, the people's courts and other relevant departments, strictly grasp the standards of crime and non-crime, this crime and the other crime, and insist on punishment according to law. 

The chief elements of criminal groups and criminals of the underworld, and criminals who constitute repeat offenders and cause serious harmful consequences shall be severely punished in accordance with the law and will not be tolerated. 

In handling cases, strict distinctions are made between the crime of "touching porcelain", civil disputes, and administrative violations, so as to prevent the occurrence of "degraded treatment" and the problem of excessive attack.

 

Instructions regarding the handling of illegal and criminal cases of "touching porcelain"

The Higher People’s Courts, People’s Procuratorates, and Public Security Departments (Bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, the Production and Construction Corps Branch of the Higher People’s Court of Xinjiang Uygur Autonomous Region, and the People’s Procuratorates and Public Security Bureau of Xinjiang Production and Construction Corps:

 

In recent years, the phenomenon of "touching porcelain" has occurred from time to time. The so-called "touching porcelain" refers to the behavior of the perpetrator deliberately fabricating or fabricating the false appearance of the victim, using fraud, extortion and other methods to illegally obtain property. 

In practice, some lawbreakers use "setting up bureaus" to make or fabricate others to cause damage to their personal or property. Some use self-injury, cause injury to their accomplices, or use their own original damage, and false accusations are caused by the victim. 

Some deliberately create traffic accidents, using the victim to violate road traffic regulations or driving under the influence of alcohol, driving without a license, incomplete motor vehicle procedures and other violations of laws and regulations, implemented through the victim’s fear of being investigated and punished.

 Many are "touching porcelain" After being found out, they directly carried out illegal and criminal activities such as robbery, snatching, and intentional injury to the victim. 

This type of illegal and criminal behavior is bad in nature, has serious consequences, corrupts the social atmosphere, and is easy to breed evil forces, and the people have a strong response. In order to punish illegal and criminal activities of "touching porcelain" in accordance with the law, protect the legitimate rights and interests of the people, and maintain social order, these opinions are formulated in accordance with the Criminal Law, the Criminal Procedure Law, and the Law on Public Security Management Punishments.

1. Article 266 of the Criminal Law China 

The implementation of "touching porcelain", fabricating facts, concealing the truth, defrauding compensation, and complying with the provisions of Article 266 of the Criminal Law, shall be convicted and punished as the crime of fraud. Fraudulently obtaining insurance money shall comply with the provisions of Article 198 of the Criminal Law , Convicted and punished the crime of insurance fraud.

 

Implementing "touching porcelain", fabricating the fact that personal and property rights and interests have been infringed, fabricating civil disputes, filing civil lawsuits, and meeting the provisions of Article 307 of the Criminal Law, shall be convicted and punished as false litigation crimes. At the same time constitute other crimes, In accordance with the provisions of heavier punishments, convictions and severe punishments.

 

2. Article 274 of the Criminal Law China

Performing "touching porcelain" and committing one of the following acts, extorting other people's property, and meeting the provisions of Article 274 of the Criminal Law, shall be convicted and punished for the crime of extortion:

 

1. Carrying out slight violence such as tearing, pushing and shoving, or soft violence such as siege, obstruction, stalking, clinging, nuisance, entanglement, roaring, gathering crowds, and detaining property.

 

2. Deliberately causing a traffic accident, and then using the victim to threaten traffic violations or other violations of laws and regulations.

 

3. Threatened by exposing the privacy of the parties on the scene.

 

4. Threatening to infringe the life and property of the victim and his close relatives.

 

3. Performing "touching porcelain", using violence, coercion or other methods on the spot to steal other people's property on the spot, and meet the provisions of Article 263 of the Criminal Law, shall be convicted and punished for robbery.

 

4. The implementation of "touching porcelain", using methods such as diverting attention and taking advantage of others to steal or seize other people's property, in compliance with the provisions of Article 264 and Article 267 of the Criminal Law, shall be the crime of theft respectively , Conviction and punishment for the crime of snatch.

 

5. If the implementation of "touching porcelain" deliberately causes the destruction of other people's property and complies with the provisions of Article 275 of the Criminal Law, it shall be convicted and punished with the crime of intentionally destroying property.

 

6. Carrying out "touching porcelain", driving a motor vehicle to chase, collide, squeeze farewell, intercept, or suddenly accelerate or decelerate, or brake suddenly and other behaviors that may affect traffic safety, resulting in a major accident causing serious injury, death or Anyone who causes major losses to public or private property and complies with the provisions of Article 133 of the Criminal Law shall be convicted and punished for the crime of causing traffic accidents.

 

7. Intentionally killing or hurting others or causing serious injury or death by negligence for the purpose of "touching porcelain", in accordance with Article 232, Article 234, Article 233 and 2 of the Criminal Law.

 According to Article 135, the crimes of intentional homicide, intentional injury, negligence causing death, and negligence causing serious injury are convicted and punished.

 

8. The implementation of "touching porcelain", in order to obtain property, illegally deprive others of personal freedom or illegally search the body of others by illegal detention and other methods, and comply with the provisions of Article 238 and Article 245 of the Criminal Law, respectively. Conviction and punishment for illegal detention and illegal search.

 

9. Joint and deliberately committing the crime of "touching porcelain" and playing the main role shall be deemed as the principal offender and shall bear criminal responsibility for all crimes that he participated in, organized, or directed; those who have played a secondary or auxiliary role shall be deemed to be accomplices and shall be treated according to law Lighter, mitigated punishment or exempted from punishment.

 

A relatively fixed criminal organization formed by three or more people to jointly deliberately commit the crime of "touching porcelain" shall be recognized as a criminal group. The chiefs shall be punished in accordance with all crimes committed by the group. 


Infographics on Guidance on Porcelain Touching by Supreme Peoples Court Procuratorate Public Security Ministry, China

Those that meet the criteria for the identification of underworld forces shall be investigated, prosecuted, and tried in accordance with the nature of underworld organizations, evil forces, or evil forces criminal groups.

 

10. The implementation of "touching porcelain" does not constitute a crime, but constitutes a violation of public security management, shall be punished in accordance with law.

 

People's courts, people's procuratorates, and public security organs at all levels must strictly handle cases in accordance with the law, strengthen cooperation and cooperation, and quickly handle, accurately characterize, and severely punish illegal and criminal acts of "touching porcelain". First, it is necessary to promptly carry out investigation and disposal, arrest, prosecution, and trial work in accordance with the law

After receiving the report, accusation, or report, the public security organ shall rush to the scene immediately, stop the illegal crime in a timely manner, properly protect the scene of the crime, and control the perpetrator. 

For those who meet the requirements for filing a case, conduct investigations in a timely manner, collect evidence in a comprehensive manner, call surveillance videos at the scene of the case, collect witness testimony at the scene, check information on persons involved, vehicles, etc., and combine the case for investigation in a timely manner.

 The People's Procuratorate shall approve the arrest and prosecution as soon as possible in accordance with the law in the case of “pushing porcelain” that the public security organs request for approval of arrest and transfer for review and prosecution. 

The people’s courts shall try the cases of “touching porcelain” in a timely manner in accordance with the law. If a crime is constituted, the criminal shall be investigated for criminal responsibility in strict accordance with the law. Second, we must strengthen coordination. 

Public security organs and people’s procuratorates must strengthen communication and coordination, resolve issues such as case characterization, jurisdiction, and evidence standards, and ensure the smooth handling of cases. For difficult and complicated cases, public security organs can listen to the opinions of the People's Procuratorate. 

Where supplementary investigations are really necessary, the People's Procuratorate shall prepare a clear and detailed supplementary investigation outline, and the public security organs shall supplement evidence in time. The people's courts must strengthen the trial force and conduct fair trials in strict accordance with the law. 

Third, we must strictly implement the criminal policy of both leniency and strictness, and implement the leniency system for confession and punishment. 

It is necessary to comprehensively consider factors such as the size of the subjective malignancy, the means and methods of the behavior, the harmful consequences, and the role played in the case, and effectively treat them differently. 


The chief elements of the "touching porcelain" criminal group, the criminals who actively participated, and the criminals who have not corrected themselves after repeated education should be severely punished in accordance with the law as the focus of the crackdown.

 For criminals whose criminal nature and harmful consequences are particularly serious, and whose social impact is particularly bad, even though they have discretionary lenient circumstances but are not sufficient for lenient punishment, they shall not be given lenient punishment in accordance with the law. 

Those with circumstance such as surrendering, making meritorious service, confession, pleading guilty and punishing, shall be punished with leniency according to law.

 At the same time, it is necessary to accurately grasp the legal standards, and pay attention to distinguishing the boundary between "touching porcelain" crimes and ordinary civil disputes and administrative violations, so as to prevent the occurrence of "degrading treatment" and prevent problems such as excessive attack.

 Fourth, we must strengthen publicity and education. The people’s courts, people’s procuratorates, and public security organs should increase legal publicity and education in the process of punishing such crimes in accordance with the law. 

While handling cases in accordance with the law, they should inform the public through news media, WeChat public accounts, and microblogs as appropriate. 

The means and methods of exposing illegal crimes of “touching porcelain” and guiding the people to strengthen their awareness of self-protection. When encountering such situations, they should report to the police in time to protect their legitimate rights and interests in accordance with the law. 

A number of typical cases must be publicly exposed in a timely manner, through the interpretation of the cases, effectively deter illegal criminals, and create a good legal environment in the whole society.

 

All localities and relevant departments must conscientiously implement it. If you encounter any problems in the implementation, please report to the respective higher authorities in time.

 


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