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< – Preface – >
On February 16, 2020, CCTV News Channel reported that China issued 134 million entry and exit documents in 2019, which attracted widespread attention, which shows the current demand for entry and exit in China, and the related illegal and criminal acts have also increased accordingly.
Arrange for someone else to obtain a tourist visa to a third country first
Between 2018 and 2019, Lin and Wang and others took advantage of the visa-free relationship between the third country and country M by arranging for others to obtain tourist visas from a third country (that is, a transit country) first.
Or organize smugglers to go to country M by fraudulently obtaining labor visas issued by the consulate of country M on the pretext of working in country M.
In April 2018, Lin asked Wu to help him book a ticket for the stowaway, and Wu knew that Lin was ordering a ticket for the stowaway.
He still helped him book tickets for seven smugglers on two occasions (the first time with two stowaways and the second time with five stowaways).
Subsequently, Lin personally helped the two smugglers obtain tourist visas for a third country, arranged for the two to leave the country on the same flight in April 2018, and notified the person in charge of the third country to pick them up.
In May of the same year, Lin arranged for Wang and others to train five smugglers to help them cheat the labor visas of country M, and arranged for five smugglers to take different flights out of China in May, June and July.
Liu, Xue and four others organized others to smuggle to country Y by forging visas for country Y and arranging itineraries, and taught smugglers to use the method of fictitious persecution in China and applying for political asylum when they were caught entering country Y.
Help smugglers achieve the purpose of obtaining residency in country Y. In August 2019, Liu asked Wu to book tickets for two smugglers, and Wu helped Liu book tickets knowing that Liu was a "snakehead", and then Liu arranged for the two people to leave the country successfully through the above methods.
The defendant was convicted of illegally crossing the national (border) border
Wu Moumou, Shu Moumou, Yang Moumou, and Xiang Moumou voluntarily admitted guilt and accepted punishment may be lenient in accordance with Article 15 of the Criminal Procedure Law of the People's Republic of China.
It is recommended that defendant Wu be sentenced to 10 months' imprisonment and fined for the crime of organizing others to illegally cross the national (border) border;
The defendants Shu Moumou, Yang Moumou, and Xiang Moumou were sentenced to six months' imprisonment and fined for the crime of illegally crossing the national (border) border.
Smuggling is a relatively complex process, involving liaison, training, manufacturing of entry and exit documents, transportation and other links, and if it is organized to sneak multiple people across the national (border) border, in reality it is difficult to complete it by relying only on the behavior of a single person.
Cai helps the smowaway to contact an intermediary who can help with entry and exit procedures, and the intermediary then contacts others to help the smugglers apply for passports, visas, and air tickets. The court held that both Cai, the intermediary and the people who handled passports, visas, and air tickets were all convicted of the joint crime of organizing others to illegally cross the national (border) border.
In the case of Ling Moumou Organizing Others to Smuggle Across the (Border) Border, Wei Moumou and Others Transporting Others to Smuggle Across the (Border) Border"3, the court held that knowing that others were engaged in activities of organizing smuggling by stowaways, they participated in helping to purchase travel tickets, contacting or arranging transportation that could be used to leave the country.
Instructions to persons preparing for smuggling, delivery of them to places convenient for exit, training smugglers to help them cope with customs clearance inspections, arranging food and lodging, and delivering false documents, air tickets, etc. to smugglers are all acts of providing assistance in organizing smuggling activities.
Neither objective acts nor subjective purposes are organized, so it is not appropriate to identify them as joint crimes for the crime of organizing others to illegally cross the (border) border.
Defendant Wu Moumou subjectively did not have the purpose of organizing others to smuggle and helping to organize smuggling, and there was no subjective contact with the other defendants, and objectively his act of ordering air tickets did not belong to the commission of this crime or the act of aiding.
Therefore, Wu Moumou neither established a joint crime with Lin and others nor with Liu and others, nor did he establish the crime of organizing others to secretly cross the national (border) border; And the act of ordering a ticket does not correspond to the usual understanding of "carriage".
Therefore, it is not in line with common sense, common sense and common sense to evaluate the act of ordering a ticket as the crime of transporting others to illegally cross the national (border) border, and it is not appropriate to use the Criminal Law to evaluate it, and his behavior can be punished in accordance with the provisions of Article 61 of the Public Security Administration Punishment Law.
Finally, Wu Moumou's act of helping the stowaways He Moumou to book a ticket and personally taking away He Moumou's passport to help him go through the formalities for leaving the country did not have the purpose of the organization subjectively, and the behavior was objectively insufficient to make He Moumou's smuggling activities systematic.
Lin and others designed two smuggling plans for two groups of smugglers, which were two acts of organizing others to smuggle across the national (border) border.
Liu, Xue and four others helped the smugglers achieve the purpose of obtaining the right of residence in country Y by forging visas for country Y, arranging trips, organizing others to smuggle them to country Y, and teaching the smugglers to falsely be persecuted in China and apply for political asylum when they were caught entering country Y. Although the two took different flights to leave the country at different times, this did not cut off the integrity and coherence of the above-mentioned organizational behavior, and the behavior of Liu and others was still an act of organizing others to sneak across the border.
In addition, the two gangs organized 7 smugglers and 2 smugglers respectively, which also did not meet the criterion of "large number", and therefore did not fall under the "particularly serious circumstances" of this crime.
As long as there is a gap in economic development between countries and regions, the flow of people between countries in various forms will inevitably stop like rivers, and if there is such a demand in society, then the role of strict control by judicial means alone is limited. Therefore, the policy of national border management should also be like Dayu's water control, and should be loosened and not blocked.