Recently, the Shandong Coast Guard successfully cracked a frozen product smuggling case and seized more than 80 tons of Japanese special grade beef on the spot. According to preliminary estimates, the value of the goods is about 64 million yuan.
After grasping clues of a smuggling gang preparing to carry out smuggling criminal activities in the Weihai waters, Shandong Coast Guard immediately dispatched the Weihai Coast Guard law enforcement ship to the target waters to conduct investigations.
When the ship discovered the suspect ship and approached, the smuggled ship suddenly accelerated and wanted to escape. The coast guard law enforcement officer decisively forced him to stop and organized the ship to board and inspect.
After investigation, the ship loaded Japanese imported beef from South Korea with no legal source and uninspected quarantine on March 23, closed the AIS device and entered the Weihai waters, and was seized by the Shandong Coast Guard on the spot.
Overall Source: Guangming Daily
In this regard, Wu Guoxiong, a professional senior lawyer of Customs Law , analyzed that :
1. According to the "Guiding Opinions on Several Issues Concerning the Application of Laws in the Fight against the Cross-border Smuggling Crime of Guangdong, Hong Kong and Macao" (Shuojifa [2021] No. 141 national reference and ) shall be used for ). If is not in the prefecture, it shall be convicted and punished for smuggling goods that have not obtained the national inspection and quarantine access certificate. frozen products smuggled by the customs usually do not obtain the "National Inspection and Quarantine Access Certificate", so they are basically convicted of "smuggling goods prohibited by the state"
2. For frozen products privately from overseas epidemic areas, according to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Smuggling" ( Article 11, Paragraph 4 and Paragraph 2 of Article 1, Paragraph 1, Paragraph 4 and Paragraph 2 of the epidemic areas in abroad stipulate conviction and punishment, that is, if the smuggling of animals and plants and their products from overseas epidemic areas is more than five tons and less than twenty-five tons, or if the amount is more than 50,000 yuan or less than 250,000 yuan, the is sentenced to fixed-term imprisonment of not more than five years or detention, and a fine is imposed or a fine is imposed. exceeds the above-mentioned number of , and is sentenced to fixed-term imprisonment of more than five years and a fine.
3, 1, or , for smuggling frozen products from non-epidemic areas abroad, or failing to find out whether they are frozen products from overseas epidemic areas, , or cannot be found out, shall be convicted and punished according to Article 11, Paragraph 1, Items 6 and Paragraph 2 of the Interpretation, that is, , which has more than 20 tons and less than 100 tons, or the amount is more than 200,000 yuan and less than 1 million yuan, shall be sentenced to fixed-term imprisonment of not more than 5 years or detention, and shall be fined alone; if the quantity exceeds the above, he shall be sentenced to fixed-term imprisonment of not more than 5 years and shall be fined.
4. It can be seen that the origin of frozen products has a great impact on conviction and sentencing. How to determine whether frozen products come from epidemic areas or non-epidemic areas in judicial practice? The source of frozen products cannot be determined by identification. They are generally determined through comprehensive identification through outer packaging, trade documents of buyers and sellers, chat records such as WeChat, and confessions of smuggling suspects.
Wu Guoxiong is a senior lawyer in customs law, focusing on defense of smuggling crimes, customs dispute resolution, and special consultant of customs law. Living in Shenzhen.
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Editor: Hu Qingning
Source: Wu Guoxiong Customs Lawyer
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