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Opinions on Punishing Crimes of Separatism and Inciting Separatism by "Taiwan independence" Die-hards in Accordance with Law

Promulgation Date: 2024-5-26
Title: Opinions on Punishing Crimes of Separatism and Inciting Separatism by "Taiwan independence" Die-hards in Accordance with Law	
Document Number:
Expiration date: 
Promulgating Entities: Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security et al.
Source of text: http://www.news.cn/tw/20240621/7e14dff6f5554a7bafb7a388228b9e82/c.html 

To the high people's courts, people's procuratorates, public security offices (bureaus), state security offices (bureaus), and justice offices (bureaus) of each province, autonomous region and directly controlled municipality; the People's Liberation Army military courts and procuratorates, and the Xinjiang Uyghur Autonomous Region's branch of the High people's court for the Xinjiang Production and Construction Corps [XJPCC] and the XJPCC procuratorate, public security bureau, state security bureau, and justice bureau:

These "Opinions on Punishing "Taiwan independence" Die-hards for Crimes of Separatism and Inciting Separatism in Accordance with Law" are drafted by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security, and Ministry of Justice on the basis of the "Law on Countering Separatism" , the "PRC Criminal Law", the "PRC Criminal Procedure Law", and other relevant laws and related judicial interpretations, and in consideration of actual work conditions, in order to punish crimes of separatism and inciting separatism by "Taiwan Independence" die-hards and to truly preserve national sovereignty, unity, and territorial integrity, and are hereby released to you for earnest implementation and enforcement.

Supreme People's Court, Supreme People's Procuratorate

Ministry of Public Security, Ministry of National Security, Ministry of Justice

2024/5/26

Opinions on Punishing Crimes of Separatism and Inciting Separatism by "Taiwan independence" Die-hards in Accordance with Law

These Opinions are drafted on the basis of the "Law on Countering Separatism" , the "PRC Criminal Law", the "PRC Criminal Procedure Law", and other relevant laws and related judicial interpretations, and in consideration of actual work conditions, in order to punish crimes of separatism and inciting separatism by "Taiwan Independence" die-hards and to truly preserve national sovereignty, unity, and territorial integrity.

I. General Requirements

1. There is only one China in the world, and Taiwan is an integral part of China’s territory. A very small number of "Taiwan independence" die-hards have wantonly conducted "Taiwan independence" separatist activities, seriously endangering peace and stability in the Taiwan Strait region, seriously harming the common interests of compatriots on both sides of the Taiwan Strait and the fundamental interests of the Chinese people. The People's Courts, People's Procuratorates, public security organs, state security organs, and judicial administration organs should give full play to their functions and roles, to severely punish "Taiwan independence" die-hards' in accordance with law for the crimes of separatism and inciting separatism, and firmly protect the nation's sovereignty, unity, and territorial integrity.

II. Correct Identification of Crimes

2. Where any of the following acts are organized, planned, or carried out for the purpose of having Taiwan secede from China, conviction and punishment shall be for the crime of separatism in accordance with the first paragraph of Criminal Law article 103:

(1) Initiating or establishing a "Taiwan Independence" separatist organization, planning and drafting "Taiwan Independence" separatist action principles, plans, or programs, and directing members of the "Taiwan Independence" separatist organization or other persons to carry out activities to divide the country and undermine national unity;

(2) Seeking to change the legal status of Taiwan as part of China through means such as drafting, amending, interpreting, or abolishing regulations related to the Taiwan region or through "referendums";

(3) Attempting to create "two Chinas", "one China, one Taiwan", or "Taiwan independence" in the international community by means such as promoting Taiwan's entrance into international organizations that are limited to sovereign states or by conducting official foreign exchanges and military contacts.

(4) Using their authority to wantonly distort or misrepresent the reality that Taiwan is part of China in fields such as education, culture, history, or news media, or to suppress political parties, groups, or persons that support the peaceful development of cross-Strait relations and national reunification;

(5) Other conduct seeking to separate Taiwan from China.

3. Those who have organizational, planning, or command roles in "Taiwan Independence" separatist criminal groups shall be identified as "ringleaders" as provided for in the first paragraph of Criminal Law Article 103.

4. Where any of the following situations are present in carrying out the acts provided for in Article 2 of these Opinions, it shall be found to be "major criminal acts" as provided for in the first paragraph of Criminal Law Article 103:

(1) They directly participate in carrying out the main separatist activities of a "Taiwan independence" separatist organization;

(2) The consequences of carrying out a "Taiwan Independence" activity were especially serious, or its impact was especially vile;

(3) Otherwise playing a major role in "Taiwan independence" separatist activities.

5. Where any of the following situations are present in carrying out the acts provided for in Article 2 of these Opinions, it shall be found to be “active participation” as provided for in the first paragraph of Criminal Law Article 103:

(1) They participated "Taiwan Independence" separatist organizations' separatist activities multiple times;

(2) Playing a core role in a "Taiwan Independence" separatist organization;

(3) They actively assisted a "Taiwan Independence" separatist organization's ringleaders' organizing or leadership;

(4) They otherwise actively participated.

6. Where the acts provided for in article 2 of these Opinions are carried out, a life sentence or sentence of term of 10 years may be given to the ringleaders or those with major criminal acts, and of these, where the harm to the nation or people was especially serious or the circumstances were especially vile, a death sentence may be given; a sentence of between and 10 years imprisonment is to be given to active participants and other participants are to receive up to 3 years imprisonment, short-term imprisonment, controlled release, or deprivation of political rights.

7. Where the following acts are carried out for the purpose of separating Taiwan from China, it is to be convicted and punished as the crime of inciting separatism in accordance with the second paragraph of Criminal Law Article 103:

(1) Stubbornly promoting "Taiwan Independence" separatist ideas and their separatist principles, plans, and programs;

(2) Other actions inciting Taiwan to separate from China.

8. Where the acts provided for in article 7 of these Opinions is carried out, and the circumstances are serious, it causes serious consequences, or creates an especially vile impact, it shall be found to be a "major criminal act" as provided for in the second paragraph of Criminal Law article 103.

9. Where the acts provided for in article 7 of these Opinions are carried out, the punishment is to be up to 5 years imprisonment, short-term imprisonment, controlled release, or deprivation of political rights; ringleaders and those with major criminal acts are to be given 5 years or more imprisonment.

10. Where the acts provided for in articles 2 and 7 of these Opinions are carried out, assets may be confiscated.

11. Where the acts provided for in articles 2 and 7 of these Opinions are carried out in collusion with foreign or on-mainland institutions, organizations, or individuals, heavier punishments are to be given in accordance with Criminal Law article 106.

12. Where "Taiwan independence" die-hards' crimes of separatism or inciting separatism are continuing or ongoing, the time limits for prosecuting the offense are to be calculated from the date on which the criminal activity concludes. After the public security organs or state security organs open a case or the people's courts accept a case, the time limits for prosecution do not apply where the investigation or trial is evaded.

III. Correct Application of Procedures

13. If a criminal suspect who shall be arrested is at large, the public security organs and state security organs may issue a wanted notice and employ effective measures to pursue them and bring him in.

14. Where criminal suspects or defendants voluntarily and truthfully confess their crimes, admit the facts of the crime as charged, and are willing to accept punishment, they may be addressed leniently in accordance with law.

15. Where "Taiwan Independence" die-hards proactively abandon their "Taiwan Independence" separatist position, no longer carry out Taiwan Independence" separatist activities, and employ measures to reduce or eliminate the harmful consequences or to prevent the harm from expanding, and the conditions of Criminal Procedure Law article 182, paragraph 1 are met, the case may be withdrawn or not prosecuted, or one or more of multiple alleged charges not indicted.

16. Criminal suspects and defendants enjoy the right to a defense in accordance with law, and in addition to exercising their own defense rights, they may also entrust one or two people as defenders.

17. In cases of separatism or inciting separatism crimes by "Taiwan Independence" die-hards that need to be promptly tried but the criminal suspect or defendant is outside the mainland, where the public security or state security organs have transferred the case for prosecution, and the procuratorate finds that the facts of the crime are already clear and that evidence is credible and sufficient so that it shall be pursued for criminal responsibility in accordance with law, a public prosecution may be initiated in the people's courts upon the approval of the Supreme People's Procuratorate. After conducting a review, the people’s court shall decide to try the case in open court where the indictment includes clear allegations of the facts of a crime and meets the requirements for applying procedures for trial in absentia.

Trial of the cases in the preceding paragraph is to be conducted by a collegial panel in an Intermediate Court designated by the Supreme People's Court.

18. For cases of “Taiwan independence” die-hards committing crimes of separatism or inciting separatism where the People’s Procuratorate initiates a public prosecution in accordance with the first paragraph of Criminal Procedure Law Article 291, the People’s Court shall, after filing the case, serve a summons and copy of the indictment on the defendant. Where the defendant does not come in as required after the summons and the copy of the indictment are served, the people’s court shall hear the case in open court, render a verdict in accordance with law, and dispose of unlawful gains and other property involved in the case.

19. Where people's courts hear cases of separatism or inciting separatism by "Taiwan Independence" die-hards in absentia, the defendants have the right to entrust, or have their family entrust on their behalf, between 1 and 3 defenders. Where they entrust them from outside the mainland, notarization and authentication of the authorization shall be conducted in accordance with relevant provisions.

Where defendants and their close relatives have not retained a defender, the people’s court shall notify a legal aid institution to appoint a lawyer to provide the defendant with a defense. Where the defendant and their relatives refuse the defense of the lawyer appointed by the legal aid establishment, the people's court shall look into the reasons. Where there is a legitimate reason, they shall permit it, but the defendant or their family shall retain another defender within 5 days; and where the defendant or their family do not retain another defender, the people's court shall, within 3 days, notify the legal aid establishment to appoint another lawyer to provide them with a defense.

20. People's courts hearing cases of crimes of separatism or inciting separatism by "Taiwan Independence" die-hards in absentia shall serve the verdict on the defendant and their relatives and defenders. Where the defendants or their close relatives are not satisfied with the verdict, they have the right to appeal the people’s court at the next higher level. Defenders may raise appeals with the defendants’ or their close relatives’ consent.

Where people's procuratorates find that the judgment of a people's court is truly in error, they shall raise a prosecutorial counter-appeal to the people's court at the level above.

IV. Supplementary Provisions

21. These Opinions may be applied by reference for other crimes committed by "Taiwan independence" die-hards, such as the crime of funding criminal activities that endanger national security.

22. These Opinions take effect from their data of publication.

 

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