The "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases such as Cheating in Organizational Examinations" was passed by the 1765th meeting of the Judicial Committee of the Supreme People's Court on April 8, 2019, and by the Supreme People's Court on June 28, 2019. Adopted at the 20th meeting of the 13th Procuratorial Committee of the People's Procuratorate, it is hereby promulgated and shall come into force on September 4, 2019.
Supreme People's Court Supreme People's Procuratorate
September 2, 2019
Legal Interpretation [2019] No. 13
Supreme People's Court Supreme People's Procuratorate
Regarding the handling of criminal cases such as organizing cheating in exams
Interpretation of Several Issues of Applicable Law
(Adopted at the 1765th meeting of the Judicial Committee of the Supreme People's Court on April 8, 2019, and at the 20th meeting of the Thirteenth Procuratorial Committee of the Supreme People's Procuratorate on June 28, 2019, and shall come into force on September 4, 2019)
In order to punish crimes such as organizing cheating in exams, illegally selling, providing test questions and answers, and substituting exams in accordance with the law, and maintaining the fairness and order of exams, in accordance with the provisions of the "Criminal Law of the People's Republic of China" and "Criminal Procedure Law of the People's Republic of China", this type of criminal procedure is hereby handled. Several issues concerning the application of law in the case are explained as follows:
Article 1 The "national examination prescribed by law" stipulated in Article 284-1 of the Criminal Law is limited to the examination prescribed by laws enacted by the National People's Congress and its Standing Committee.
According to relevant laws and regulations, the following examinations belong to the "national examinations stipulated by law":
(1) National education examinations such as ordinary college entrance examinations, postgraduate entrance examinations, higher education self-study examinations, and adult college entrance examinations;
(2) Central and local
(3) National Unified Legal Professional Qualification Examination, National Teacher Qualification Examination, National Unified Certified Public Accountant Examination, Accounting Professional Technical Qualification Examination, Asset Appraiser Qualification Examination, Physician Qualification Examination, Licensed Pharmacist Professional Qualification Examination, Registered Architect (4) Other national examinations organized
by the central or local competent departments and industries in accordance with the law.
Special types of admissions, special skills tests, interviews and other examinations involved in the examinations stipulated in the preceding paragraph belong to the "national examinations prescribed by law".
Article 2 In the national examinations stipulated by law, whoever organizes cheating under any of the following circumstances shall be determined as "serious circumstances" as stipulated in the first paragraph of Article 284-1 of the Criminal Law: (1
) Organizing cheating in school admissions exams, postgraduate admissions exams, and civil service recruitment exams; (2)
Causing the postponement, cancellation, or use of alternate test questions ; cheating in autonomous regions and municipalities directly under the Central Government; (5) organizing cheating in exams multiple times; (6) organizing more than 30 people to cheat;
(7) Providing more than 50 pieces of cheating equipment;
(8) Having illegal income of more than 300,000 yuan;
(9) Other serious circumstances.
Article 3 Programs and tools that have the functions of avoiding or breaking through security management measures to prevent cheating in the examination room, acquiring, recording, transmitting, receiving, and storing examination questions and answers, as well as programs and tools specially designed for cheating, shall be identified as The "cheating equipment" stipulated in the second paragraph of Article 284-1 of the Criminal Law.
If it is difficult to determine whether it belongs to the "cheating equipment" stipulated in the second paragraph of Article 284-1 of the Criminal Law, the determination shall be made based on the report issued by the public security organ at or above the provincial level or the competent examination department, combined with other evidence; involving special espionage equipment , eavesdropping, eavesdropping special equipment, "pseudo base stations" and other equipment shall be determined in accordance with relevant regulations.
Article 4 Whoever organizes cheating in exams and is caught before the exam starts, but has illegally obtained exam questions and answers or has other circumstances that seriously disrupt the order of the exam, shall be deemed to have committed the crime of organizing cheating in exams.
Article 5 Whoever illegally sells or provides test questions and answers of national examinations stipulated by law in order to commit cheating in examinations, under any of the following circumstances, shall be determined to be a "circumstances" stipulated in the third paragraph of Article 284-1 of the Criminal Law: Serious":
(1) Illegally selling or providing test questions and answers for general college entrance examinations, postgraduate entrance examinations, and civil servant recruitment examinations
;
Selling or providing test questions and answers;
(4) Illegally selling or providing test questions and answers many times;
(5) Illegally selling or providing test questions and answers to more
than 30 people; ;
(7) Other serious circumstances.
Article 6 In order to commit cheating in exams, illegally selling or providing to others the test questions and answers of national examinations stipulated by law, if the test questions are incomplete or the answers are not completely consistent with the standard answers, it will not affect the determination of the crime of illegally selling or providing test questions or answers .
Article 7 Whoever takes the national examination prescribed by law on behalf of others or lets others take the national examination prescribed by law shall be convicted and punished as the crime of substitute examination in accordance with the provisions of paragraph 4 of Article 284-1 of the Criminal Law.
For the perpetrator whose crime is relatively minor and who does show remorse, and considering factors such as the situation of the perpetrator taking the test for him and the type of test, if he considers that he meets the applicable conditions for probation, the probation may be announced; if the crime is minor, he may not be prosecuted or be exempted from criminal punishment. ; If the circumstances are obviously minor and do little harm, it shall not be treated as a crime.
Article 8 Where a unit conducts activities such as organizing cheating in exams, illegally selling, or providing test questions and answers, the organizers, planners, and implementers shall be investigated for criminal responsibility in accordance with the corresponding conviction and sentencing standards stipulated in this Interpretation.
Article 9 Anyone who illegally obtains test questions and answers of national examinations stipulated by law by means of stealing, spying, or buying, and then organizes cheating in the examinations or illegally sells or provides test questions and answers is in accordance with Article 282 of the Criminal Law and Article 200 of the Criminal Law. Article 84-1 provides for the crime of illegally obtaining state secrets and organizing cheating in exams, or illegally selling and providing test questions and answers.
Article 10 In other examinations other than the national examinations stipulated by the law, organizing cheating, providing cheating equipment or other assistance for others to organize cheating, or illegally selling or providing test questions and answers is in line with the crime of illegally obtaining state secrets, illegal production, and sale of wiretapping Criminal responsibility shall be investigated in accordance with the law for crimes constituting elements of a crime such as the crime of stealing special equipment for stealing photos, the crime of illegally using special equipment for wiretapping or stealing photos, the crime of illegally using information networks, and the crime of disrupting the order of radio communication management.
Article 11 Whoever establishes a website or communication group for cheating in exams or releases information about cheating in exams, if the circumstances are serious, shall be convicted of the crime of illegally using information networks in accordance with the provisions of Article 287-1 of the Criminal Law Penalties; and other crimes such as organizing cheating in exams, illegally selling, providing test questions and answers, illegally obtaining state secrets, etc., shall be convicted and punished in accordance with the provisions of heavier penalties.
Article 12 Those who are sentenced to criminal punishment for committing crimes stipulated in this Interpretation may, according to the circumstances of the crime and the need to prevent re-offending, declare a professional prohibition according to law; those who are sentenced to public surveillance or probation, may issue a prohibition order according to the law according to the circumstances of the crime.
Article 13 Where the implementation of the acts specified in this Interpretation constitutes a crime, a fine shall be imposed in accordance with the law after comprehensive consideration is given to the degree of harm of the crime, the amount of illegal gains, the defendant's criminal record, attitude of confession and repentance, etc.
Article 14 This Interpretation will come into force on September 4, 2019.