Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Criminal Cases, such as Organizing and Using Cult Organization

Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Criminal Cases, such as Organizing and Using Cult Organizations to Destroy Law Enforcement. Article 1 If an illegal organization uses religion, qigong or other names to establish, deify and advocate the ringleaders, confuses and deceives others, develops and controls its members, and endangers society, it shall be recognized as a "cult organization" as stipulated in Article 300 of the Criminal Law. Article 2 Whoever organizes or uses cult organizations to undermine the implementation of national laws and administrative regulations shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined in accordance with the provisions of the first paragraph of Article 300 of the Criminal Law:

(1) establishing a cult organization, or resuming or establishing other cult organizations after the cult organization is banned;

(2) Gathering people to surround, attack or plunder state organs, enterprises and institutions or public places and places for religious activities, thus disturbing social order;

(three) illegal assembly, procession and demonstration, disrupting social order;

(4) forcing others to join or prevent others from quitting a cult organization by violence, coercion or other means;

(5) Organizing, inciting or deceiving members or others to fail to perform their legal obligations;

(six) the use of "pseudo base stations", "black broadcast" and other radio stations (stations) or radio frequencies to promote cults;

(7) Having been investigated for criminal responsibility for engaging in cult activities or having been subjected to administrative punishment for two years;

(eight) the development of more than 50 cult organizations;

(nine) raising funds or causing economic losses of more than one million yuan;

(10) Propagandizing cults with money as the carrier, and the number is more than 500 (pieces);

(eleven) the production and dissemination of cult propaganda materials meet one of the following quantitative standards:

1. 1, more than 1,000 leaflets, pictures, pictures, slogans and newspapers;

More than 2.250 books and publications;

3. More than 250 kinds of audio-visual products such as audio tapes and video tapes;

More than 4.250 signs and marks;

5. More than 0/00 kinds of removable storage media such as CD-ROM, USB flash drive, memory card and removable hard disk;

6 banners, with more than 50 banners.

(twelve) the use of communication information network to promote cults, one of the following circumstances:

1. Produce and disseminate more than 200 electronic pictures and articles promoting cults, more than 50 electronic books, publications and audio-visual products, or more than 5 million words of electronic documents and more than 250 minutes of electronic audio-visual products;

2. Editing and sending messages and calling 1000 times or more;

3. Use chat rooms with cumulative online users 1000 or more, or social networks such as communication groups with cumulative account numbers 1000 or more such as group members and followers, WeChat and Weibo to promote cults;

The cult information has actually been clicked and viewed more than 5000 times.

(13) Other serious circumstances. Article 3 Whoever organizes or uses cult organizations to undermine the implementation of national laws and administrative regulations under any of the following circumstances is "especially serious" as stipulated in the first paragraph of Article 300 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated of property:

(a) the implementation of the provisions of items 1 to 7 of Article 2 of this Interpretation has particularly serious social harm;

(2) The number or amount of acts specified in Items 8 to 12 of Article 2 of this Interpretation reaches more than five times the corresponding standards specified in Article 2;

(3) Other particularly serious circumstances. Article 4 Whoever organizes or uses cult organizations to undermine the implementation of national laws and administrative regulations, under any of the following circumstances, is a "minor" as stipulated in the first paragraph of Article 300 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also, or shall only, be fined:

(a) the implementation of the provisions of Item 1 to Item 7 of Article 2 of this Interpretation has less social harm;

(2) The number or amount of acts specified in Items 8 to 12 of Article 2 of this Interpretation reaches more than 1/5 of the corresponding standards;

(3) Other minor circumstances. Article 5. Holding, carrying or being caught red-handed in the process of communication, if the number of cult propaganda materials reaches the relevant standards stipulated in Articles 2 to 4 of this Interpretation, it shall be dealt with as follows:

(1) Cult propaganda materials were produced by the actor and shall be treated as accomplished crimes;

(2) Cult propaganda materials that are not produced and disseminated by himself shall be treated as crimes;

(3) Cult propaganda materials made by non-actors seized in the process of dissemination are regarded as attempted crimes;

(4) Cult propaganda materials are not produced by the perpetrator, but some of them have been spread, which is regarded as accomplished crime. For those who have not spread, they can be considered as appropriate when sentencing. Article 6 Whoever makes and disseminates cult propaganda materials for many times or publicizes cults through communication and information networks shall be counted cumulatively.

The production and dissemination of cult propaganda materials, or the use of communication and information networks to promote cults, involving different types or forms, can be converted according to the corresponding proportion of different quantitative standards stipulated in this interpretation and then calculated cumulatively.