The two universities issued a judicial interpretation： the crime of cheating in exams can be severely punished for up to 7 years.
Cctv newsYesterday (3rd), the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Organizing Cheating in Examinations, which severely punished cheating in four categories of "national examinations prescribed by law", such as college entrance examination, postgraduate examination and judicial examination.
According to the criminal law, the crime of cheating in organizing exams, illegally selling, providing test questions and answers, and the crime of replacing exams are applicable to "national exams prescribed by law". Explain that the first article mainly clarifies which exams belong to the "national exams prescribed by law".
Jiang Qibo, Director of the Supreme People’s Court Research Office.Article 1 of the Interpretation stipulates that "the national examination prescribed by law" refers to the examination prescribed by laws formulated by the National People’s Congress and its Standing Committee.
It is clear that cheating in four types of exams, such as college entrance examination, is a crime.
This explanation makes it clear that the following examinations belong to the "national examinations prescribed by law": (1) national education examinations such as the entrance examination for ordinary colleges and universities, the entrance examination for graduate students, the self-study examination for higher education, and the entrance examination for adult colleges and universities; (2) central and local civil service recruitment examinations; (3) National unified legal professional qualification examination, national teacher qualification examination, national unified examination for certified public accountants, accounting professional and technical qualification examination, asset appraiser qualification examination, doctor qualification examination, licensed pharmacist professional qualification examination, registered architect examination, construction engineer qualification examination and other professional and technical qualification examinations; (4) other national examinations organized by the central or local competent departments and industries according to law.
On this basis, the third paragraph of Article 1 of the Interpretation further stipulates that the special types of enrollment, special skills tests, interviews and other examinations involved in the above-mentioned examinations belong to the "national examinations prescribed by law".
Criminal Law: The punishment for cheating is heavier if the circumstances are serious.
According to the provisions of the Criminal Law, whoever organizes cheating or provides cheating equipment or other help for others to commit the crime of organizing cheating in the national examination prescribed by law constitutes the crime of organizing cheating in the examination, and is sentenced to fixed-term imprisonment of not more than three years or criminal detention, with a fine or a single fine; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
So which behaviors are serious? The judicial interpretation released yesterday also specifically clarified the serious circumstances.
The explanation is clear. The college entrance examination, postgraduate entrance examination and civil servant recruitment examination have high social concern, great influence and wide coverage. The direct stipulation of organizing cheating in these three types of exams is "serious circumstances".
Explain that it is clearly defined as "serious circumstances" that the exam is postponed, cancelled or enabled due to cheating. According to the relevant person in charge of the Supreme Law, some cheating cases are committed by exam staff, especially in cheating cases before the exam, the "shadow" of "inside ghosts" can often be seen, and the actor illegally obtains exam questions and answers by bribing a specific person to know before the exam, and then organizes cheating in the exam.
Jiang Qibo, Director of the Supreme People’s Court Research Office:Examination staff violate their responsibilities to organize cheating in exams, which is more subjective and vicious, so the Interpretation defines it as "serious circumstances". Organizing candidates to cheat across provinces, autonomous regions and municipalities directly under the Central Government is very harmful, so the Interpretation defines it as "serious circumstances".
The Interpretation defines cheating in exams for many times, cheating for more than 30 times, and providing more than 50 pieces of cheating equipment as "serious circumstances". According to the relevant person in charge of the Supreme Law, according to the different exams involved, the amount of illegal income from organizing cheating in exams or providing cheating equipment varies greatly.
Based on the consideration of severely punishing the crime of cheating in organizing exams, the Interpretation defines the illegal income of more than 300,000 yuan as "serious circumstances".
What equipment belongs to "cheating equipment"
According to the criminal law, the crime of cheating in organizing exams involves providing cheating equipment for others to commit the crime of cheating in organizing exams. So how to identify "cheating equipment"? Let’s see how it is stipulated in the Judicial Interpretation.
The judicial interpretation stipulates: "The programs and tools with the functions of avoiding or breaking through the safety management measures to prevent cheating in the examination room, obtaining, recording, transmitting, receiving and storing examination questions and answers, and the programs and tools specially designed for cheating shall be recognized as the second paragraph of Article 284-1 of the Criminal Law ‘ Cheating equipment ’ 。”
Jiang Qibo, Director of the Supreme People’s Court Research Office:According to this, button-type digital cameras and glasses-type close-up devices that can send and receive examination questions and answers by disguising themselves to avoid examination in the examination room can all be regarded as "cheating equipment".
On this basis, in order to unify the identification procedure of cheating equipment, the second paragraph of Article 3 of the Interpretation further stipulates: "Whether it belongs to the second paragraph of Article 284-1 of the Criminal Law ‘ Cheating equipment ’ It is difficult to determine, according to the report issued by the public security organ at or above the provincial level or the examination department, combined with other evidence to make a determination; Involving special spy equipment, special equipment for eavesdropping and stealing photos, ‘ Pseudo base station ’ And other equipment, in accordance with the relevant provisions of the identification. "
How to identify the cheating that was investigated before the exam began?
In addition, from a practical point of view, many cases of cheating in organizing exams are investigated before the exam begins. In this case, the purpose of cheating in organizing exams has not been achieved. Should it be regarded as a crime accomplished or attempted? This judicial interpretation has been clarified.
According to the relevant person in charge of the Supreme Law, the constitutive elements of the crime of organizing cheating in exams are organizing cheating and providing cheating equipment or other help for others to commit the crime of organizing cheating in exams. As long as the behavior of organizing cheating in exams has actually seriously endangered the order of exams, it should be regarded as a crime accomplished, and whether the purpose of cheating is realized should not affect the establishment of the crime accomplished.
Jiang Qibo, Director of the Supreme People’s Court Research Office:In order to unify the application of the law and severely punish the crime of cheating in organizing exams according to law, Article 4 of the Interpretation makes clear the relevant issues. If cheating in the exam is caught before the exam begins, but the exam questions and answers have been illegally obtained or there are other circumstances that seriously disturb the order of the exam, it shall be deemed that the crime of cheating in the organization exam has been completed.
Illegally providing test questions shall be punished for more than three years.
Explain that there are also two statutory penalties for the crime of illegally selling, providing test questions and answers. Among them, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.
Jiang Qibo, Director of the Supreme People’s Court Research Office:Article 6 of the Interpretation stipulates: "For the purpose of cheating in exams, illegally selling or providing questions and answers of national exams prescribed by law to others, if the 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 questions and answers."
Clear rules for dealing with crimes instead of exams.
According to the criminal law, a person who takes the national examination in place of others or lets others take the national examination in place of himself as stipulated by law constitutes the crime of taking the examination instead, and shall be sentenced to criminal detention or public surveillance, and shall also or only be fined.
According to the relevant person in charge of the Supreme Law, in order to take into account the differences in the circumstances and circumstances of taking the test, the types of tests involved are different. In order to reflect and implement the criminal policy of combining leniency with severity, and to urge the actors who take the test to repent and turn over a new leaf, if they do show remorse, they can be suspended according to law.
Jiang Qibo, Director of the Supreme People’s Court Research Office:Article 7, paragraph 2, of the Interpretation specifically stipulates: "If the perpetrator’s crime is minor, he does show remorse, and comprehensively considers the actor’s taking the test and the type of the test, he can declare probation if he thinks that it meets the applicable conditions for probation; If the circumstances of the crime are minor, no prosecution may be instituted or criminal punishment may be exempted; If the circumstances are significant, minor and harmless, they will not be treated as crimes. "
The explanation also clarified the rules for dealing with the crime of cheating in exams other than the national exams prescribed by law.
Jiang Qibo, Director of the Supreme People’s Court Research Office:Explain the provisions of Article 10: "Whoever organizes cheating, provides cheating equipment or other help for others to organize cheating, or illegally sells or provides test questions and answers in other examinations other than the national examinations prescribed by law, which meets the constitutive requirements of crimes such as illegally obtaining state secrets, illegally producing and selling eavesdropping, stealing special equipment, illegally using eavesdropping, stealing special equipment, illegally using information networks, and disturbing the order of radio communication management, shall be investigated for criminal responsibility according to law."