The Supreme People's Court and the Supreme People's Procuratorate of the People’s Republic of China recently issued the "Interpretation on the Applicable Laws of Criminal Cases such as Organizing and Using Cult to Undermine the Implementation of Laws" (hereinafter referred to as "Interpretation").
The "Interpretation" has 16 provisions, covering the definition of cult organizations; conviction and sentencing standards of organizing and using cults to undermine the implementation of law and cause serious injuries and death; substantive issues such as the punishment and leniency, level of punishment, and joint offense, as well as the cognizance proceeding of the cults propaganda materials.
The "Interpretation" clearly defines that illegal organizations conducting following acts shall be identified as “Cult Organizations” stipulated in Article 300 of the Criminal Law: establishing, deifying and advocating ringleaders by illegally using the names of religion, qigong or others, confusing and deceiving others by making up and spreading superstitions and heresies, developing and controlling the cult members and harming the society.
The “Interpretation” stipulates that cults organizations conduct the following 13 acts shall be fined and sentenced to fixed-term imprisonment of no less than three years but not more than seven years: organizing and using cult to undermine the implementation of laws, rules and regulations, using radio stations such as "pseudo-base stations" and "illegal broadcasting" and other radio channels (stations) or radio frequencies to promote cults; promoting cult with the carrier of currencies that exceed the number of 500; promoting heresies through the information communication network, e.g. communication groups, wechat and microblog that has more than 1,000 followers.
The “Interpretation” defines seven kinds of acts that shall be given a heavier punishment: collude with foreign institutions, organizations and personnel to engage in cult activities; go across provinces, autonomous regions and municipalities directly under the central government to establish cult organizations, develop cult members or organize cult activities; gather up and publicly conduct cult activities in important public areas, regulatory places and during major national festivals and events, public cult activities; continue to gather up and publicly conduct cult activities after being banned or being determined as cult organizations; national staff engaged in cult; promote cult to minors and in schools or other educational and training institutions.
The "Interpretation" points out that should damages caused by organizing and using cult organizations to undermine the implementation of national laws and administrative regulations are minor, and the perpetrators sincerely regret, clearly exit the cult organization, and no longer engage in cult activities, they can be exempted from being prosecuted or criminal penalties. Perpetrators who were deceived or forced to participate in cult organizations will not be treated as committing a crime.
The "Interpretation" provides that criminal acts of organizing and using cult organizations to make up and spread superstitions and heresies, organizing, planning, instigating, coercing, abetting and helping the cult members or others to commit suicide or self-injury will be convicted and punished as intentional homicide or intentional assault. Cult organizer that endangers the public safety by means of self-immolation such as burning and explosion shall be convicted and punished as the crime of arson, explosion, and the crime of endangering the public safety through dangerous measures.
Interpretation on the Applicable Laws of Criminal Cases such as Organizing and Using Cult to Undermine the Implementation of Laws
The “Interpretation on the Applicable Law of Criminal Cases such as Organizing and Using Cult to Undermine the Implementation of Laws” has been approved at the 1706th Judicial Committee meeting of the Supreme People's Court on January 4, 2017 and the 58th meeting the 12th session of the Procuratorial Committee of the Supreme People's Procuratorate on December 8, 2016. It is hereby released and will be implemented since February 1, 2017
The Supreme People's Court and the Supreme People's Procuratorate
January 25, 2017
Interpretation on the Applicable Laws of Criminal Cases such as Organizing and Using Cult to Undermine the Implementation of Laws
(approved at the 1706th Judicial Committee meeting of the Supreme People's Court on January 4, 2017 and the 58th meeting the 12th session of the Procuratorial Committee of the Supreme People's Procuratorate on December 8, 2016; will be implemented since February 1, 2017)
According to relevant provisions of the Criminal Law of the People's Republic of China and the Criminal Procedure Law of the People's Republic of China, to punish criminal activities of organizing and using cults to undermine the implementation of laws, the applicable laws of such criminal cases are explained as follows:
Article 1. Illegal organizations that establishes, deifies and advocates ringleaders by illegally using the names of religion, qigong or others, confuses and deceives others by making up and spreading superstitions and heresies, develops and controls the cult members and harms the society shall be identified as “Cult Organizations” as stipulated in Article 300 of the Criminal Law.
Article 2. Organizing and using cult organizations to undermine the implementation of national laws and administrative regulations in one of the following circumstances shall be fined and sentenced to fixed-term imprisonment of no less than three years but not more than seven years according to Provision 1, Article 300 of the Criminal Law:
(1) establish a cult organization, restore or establish another cult organization after being banned;
(2) gather up to surround, strike, occupy and horse around state organs, enterprises, public institutions or public areas and places for religious activities, and disrupt the social order;
(3) hold rallies, marches and demonstrations illegally, and disrupt the social order;
(4) compel others to join or prevent others from withdrawing from cults through violence, coercion or other means;
(5) organize, instigate and deceive cult members or others not to perform legal obligations;
(6) using radio stations such as "pseudo-base stations" and "illegal broadcasting" and other radio channels (stations) or radio frequencies to promote cults;
(7) whoever engages in cult activities again after being held criminally responsible for engaging in cult activities before or being subject to administrative penalties within two years;
(8) develop cult organizations with more than 50 members;
(9) obtain money or cause economic losses of more than one million yuan;
(10) promote cult and heresy with the carrier of currencies of more than 500 (notes or coins);
(11) produce or spread cult propaganda materials that meet one of the following numbers:
1. leaflets, spray pictures, pictures, slogans and newspapers of more than a thousand copies (leaves);
2. books and publications of more than 250 volumes;
3. tapes, videotapes and other audio and video products of more than two hundred and fifty boxes;
4. marks and totems of more than two hundred and fifty pieces;
5. CD, U disk, memory card, hard disk and other portable storage media of a hundred and above;
6. banners or scrolls of fifty and above.
(12) Use communications information networks to promote cults under one of the following circumstances:
1. produce and spread more than 200 pieces of electronic images and articles, more than 50 e-books, publications, audio and video products, or electronic documents of more than five million characters, electronic audio and video of more than two hundred and fifty minutes;
2. edit and send messages and make calls of more than a thousand times;
3. promote heresies through chat rooms with more than 1,000 accumulated online users, and communication groups, wechat and microblog that has more than 1,000 followers.
4. cult information being actually clicked or viewed of more than 5,000 times.
(13) Other situations with serious consequences.
Article 3. Organizing and using cult organizations to undermine the implementation of national laws and administrative regulations in one of the following circumstances shall be defined as “particularly serious” according to Provision 1, Article 300 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and be fined or confiscated:
(1) conduct activities listed in (1) - (7) of Article II in the “Interpretation”, and bring serious harm to the society;
(2) conduct activities listed in (8) - (12) of Article II in the “Interpretation”, the number and amount stand at 5 times of the corresponding standard;
(3) other circumstances that are particularly serious.
Article 4. Organizing and using cult organizations to undermine the implementation of national laws and administrative regulations in one of the following circumstances shall be defined as “minor” according to Provision 1, Article 300 of the Criminal Law, and shall be sentenced to fixed-term imprisonment, criminal detention, control or deprivation of political rights of not more than three years, and be a fine or a fine: fixed-term imprisonment of not less than seven years or life imprisonment, be fined or imposed a fine separately:
(1) conduct activities listed in (1) - (7) of Article II in the “Interpretation”, and bring minor harm to the society;
(2) conduct activities listed in (8) - (12) of Article II in the “Interpretation”, the number and amount stand at 1/5 of the corresponding standard;
(3) other minor circumstances
Article 5. The number of cult propaganda materials being possessed, carried, or seized on the spot reach the corresponding standard listed in Article 2 - 4 of this “Interpretation”, will be dealt with the following measures:
(1) cases be dealt as “crime accomplished” when materials are produced by the perpetrator;
(2) cases be dealt as “crime in preparation” when materials are not produced by the perpetrators, and have not yet been spread;
(3) cases be dealt as “attempted crime” when materials are not produced by the perpetrators, and seized while spreading;
(4) cases be dealt as “crime accomplished” when materials are not produced by the perpetrator but have being partly spread; materials not spread will be considered during the measurement of penalty.
Article 6. The number or amount shall be calculated accumulatively for untreated cult propaganda materials being produced and spread repeatedly, or materials promoted through the communications information network.
The number or amount shall be converted on the basis of the corresponding proportions of the different quantitative criteria specified in this “interpretation” and calculated accumulatively for the cult propaganda materials being produced and spread, or materials promoted through the communications information network that cover different types or forms.
