Interpretation on Several Issues Regarding the Applicable Law in Criminal Cases of Smuggling, Illegal Trading, or Illegal use of Stimulants

Promulgation Date: 2019-11-18 
Title: SPC Interpretation on Several Issues Regarding the Applicable Law in Criminal Cases of Smuggling, Illegally Trading In, or Illegal Use of Stimulants 
Document Number:Legal Interpretation (2019) No. 16 
Expiration date:  
Promulgating Entities: Supreme People's Court 
Source of text: https://www.chinacourt.org/law/detail/2019/11/id/149995.shtml

Article 1: In any of the following circumstances where athletes and athlete support personnel smuggle substances listed in the catalog of stimulants, or where other persons that smuggle substances listed in the catalog of stimulants for purpose of their use in athletic competitions, and the substances involved in the case are goods or items prohibited by the state from import and export; it shall be tried and punished as the crime of smuggling goods or items prohibited by the state from import and export, in accordance with paragraph 3 of Criminal Law article 151.

(1) where smuggling again after being given administrative punishments for smuggling two or more times within one year;

(2) Where used by, or prepared for use by, athletes who are minors or persons with disabilities;

(3) Where used in, or prepared for use in, major domestic or international athletic competitions;

(4) Other circumstances causing serious and vile social impact.

Where the acts in the preceding paragraph are committed, and the substances involved in the case are not goods or items prohibited by the state from import and export, but taxes of 10,000 RMB or more were evaded, or where they are smuggling again after being given administrative punishments for smuggling two or more times within one year, it shall be tried and punished as the crime of smuggling ordinary goods and items in accordance with article 153 of the Criminal Law.

The conviction and sentencing standards provided for in the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Handling Criminal Cases of Smuggling" (Legal Interpretation(2014)No.10) apply to acts of smuggling substances listed in the directly of stimulants other than those provided for in paragraphs 1 and 2 of this article.

Article 2: Violations of state provisions by trading in substances listed in the catalog of stimulants without a permit, where the substances involved in the cases are items restricted from sales by laws or administrative regulations, marketplace order is disrupted, and the circumstances are serious, shall be tried and punished as the crime of illegal business operations in accordance with article 225 of the Criminal Law.

Article 3: In any of the following circumstances those with duties or guardianship or care of minors or persons with disabilities organize for the minors or persons with disabilities to illegally use stimulants during athletic sports, it shall be found to be 'vile circumstances' as provided for in article 260-1 of the Criminal Law, and tried and punished as the crime of abuse of a person under one's guardianship or care.

(1) forcing use by minors, or persons with disabilities;

(2) Enticing or tricking minors or persons with disabilities into long-term use;

(3) Other circumstances of serious harm to the physical or psychological health of minors or persons with disabilities.

Article 4: Organizing the illegal use of stimulants by participants in sports and fitness tests or other athletics involved in legally prescribed national testing such as for enrollment in ordinary institutions of higher-education or the recruitment of civil servants, shall be tried and punished as the crime of organizing cheating on tests in accordance with article 284-1 of the Criminal Law.

Those who provide stimulants to others that they know will commit the crimes in the preceding paragraph, are to be tried and punished in accordance with the preceding paragraph.

Article 5: Production or sale of foods containing substances listed in the catalog of stimulants, meeting the requirements of articles 143 and 144 of the Criminal Law, will be tried and punished as the crimes of production or sale of food not meeting the food safety standards, or production or sale of poisonous or harmful foods.

Article 6: Employees of state organs who abuse their power or derelict their duties when exercising anti-doping management powers, causing a serious stimulant violation, seriously harming the state reputation, or causing a vile social impact, it shall be tried and punished as abuse of authority or dereliction of duty where eligible under Criminal Law article 397.

Where staff of units that are exercising anti-doping management authority in accordance with law or as retained to do so, abuse their authority or derelict their duties, it shall be tried and punished in accordance with the preceding paragraph.

Article 7: Where commission of acts provided for in this Interpretation involves substances that are drugs, or are used to make drugs, and a related crime is constituted, it is to be tried and punished as the relevant crime.

Article 8: Specialized questions such as derterminations as to whether something is a 'stimulant', 'substance listed in the catalog of stimulants', 'athletics', 'major domestic or international athletics competition', and so forth, shall be determined on the basis of laws and regulations such as the "P.R.C. Sports Law" and the "Anti-doping Regulations", together with the opinions and evidence materials put forth by the departments in charge of sports under the State Council.

Article 9: This interpretation takes effect on January 1, 2020.