To punish according to
law the crimes of organizing and employing heretical cult
organizations to engage in criminal activities, and in line
with related regulations of the Criminal Law, the following
explanations on several issues in relation to specific laws
applicable to handling such cases are hereby
made:
1. "Cultist
organizations'' in Article 300 of the Criminal Law refer to
those illegal organizations that have been established under
the guise of religion, Qigong or other forms, deifying their
leading members, enchanting and deceiving others by
concocting and spreading superstitious fallacies, recruiting
and controlling their members, and endangering
society.
2. Punishment shall be
determined and meted out to those who organize and employ
cults and have fallen into one of the following
circumstances according to Section 1 of Article 300 in the
Criminal Law:
(1) Assembling
crowds to besiege and harass state organs, enterprises or
institutions, and disturb the order of their work,
production, operation, teaching and
research;
(2) Holding illegal
assemblies, parades and demonstrations, or inciting,
deceiving and organizing their members or others to gather
together to besiege, harass, seize or disrupt public places
or venues for religious activities, or disrupt social
order;
(3) Resisting concerned
departments' decision on banning their organizations, or
resuming the banned organizations or establishing other
cultist organizations, or continuing their cultist
activities;
(4) Instigating,
deceiving and organizing their members or others to refuse
fulfilling their legal obligations, with the case being
serious;
(5) Publishing,
printing, duplicating or distributing publications spreading
cultist fallacies, and printing symbols of cults;
and
(6) Other activities that
violate state laws and administrative
regulations.
A case shall be
regarded as "especially serious'' if it involves any of
the following while conducting the above-mentioned
activities:
(1) Setting up
organizations or recruiting members across provinces,
autonomous regions and municipalities directly under the
Central Government;
(2)
Collaborating with overseas agencies, organizations or
individuals to engage in cultist
activities;
(3) Publishing,
printing, duplicating or distributing publications spreading
cultist fallacies, and printing symbols of cults, involving
a huge amount of copies and sales values;
and
(4) Instigating, deceiving
and organizing their members or others to violate state laws
and administrative regulations, resulting in serious
consequences.
3. Cases of
setting up and employing cultist organizations to deceive
others and cause deaths in section 2 of Article 300 in the
Criminal Law refer to the cases of establishing and using
cultist organizations to concoct and spread superstitious
fallacies, deceive their members or others into practicing
fast and inflicting wounds on themselves, or prevent
patients from taking normal medical treatment, resulting in
deaths.
A case shall be
regarded as "especially serious'' if any of the
following occurs:
(1) Causing
three deaths or more;
(2)
Causing fewer than three deaths, but serious injuries to
many people;
(3) Those who have
received criminal or administrative penalties for engaging
in cultist activities again establish and use cults to
deceive others and cause deaths;
and
(4) Causing other
especially serious
consequences.
4. Those who
establish and use cultist organizations to concoct and
spread superstitious fallacies, and instigate and coerce
their members or others to commit suicide or inflict wounds
on themselves, shall be deemed to have committed intentional
homicide or intentional harming and be punished according to
the provisions in Articles 232 and 234 of the Criminal
Law.
5. Those who organize and
use cults to sexually exploit women or young girls by
seducing, coercing, deceiving or other ways using
superstitious fallacies, shall be deemed to have committed
rape or raping underage girls and be punished according to
the provisions in Article 236 of the Criminal
Law.
6. Those who organize and
use cults and swindle money and property from others by
deceptive means, shall be deemed to have committed swindle
and be punished according to the provisions in Article 266
of the Criminal Law.
7. Those
who establish and use cults to organize, plot, carry out and
instigate activities aimed at splitting the country,
endangering national unification, or subverting the state
power and overthrowing the socialist system, shall be
convicted and punished according to the provisions in
Articles 103, 105 and 113 of the Criminal
Law.
8. All the money and
property collected through various means by cultist
organizations and the criminal offenders who establish and
use cults to disrupt the implementation of laws, and tools
and publicity materials used for criminal activities shall
be confiscated according to
law.
9. Organizers, plotters
and leaders who establish and use cultist organizations for
criminal activities and the enthusiastic participants who
refuse to mend their ways despite repeated admonition shall
be prosecuted for their criminal liabilities according to
the provisions in the Criminal Law and this
"Explanations". Those who have confessed their
crimes or made contributions to the investigations, may be
dealt with leniently, given reduced term of a sentence or
exempted from punishment in accordance with the
law.
Those who were deceived or
coerced into joining cultist organizations and have already
withdrawn from such organizations and no longer participate
in cultist activities, shall not be dealt with as offenders.
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