According
to the explanations, a case is regarded as "serious" if
it involves any of the following while conducting the activities
in the previous article:
I.
setting up organizations or recruiting members across provinces,
autonomous regions and municipalities that are under direct
administration of the central government;
II. collaborating with overseas groups, organizations and
individuals for sect-related activities;
III.
publishing, printing, duplicating and distributing, either
in terms of volumes or sales values, a large amount of publications
spreading fallacious ideas and printing symbols of sects;
and
IV. instigating, deceiving or organizing their members or
others to violate state laws, administrative regulations,
and resulting in serious consequences.
Under the explanations, setting up or using superstitious
sects, secret societies or superstition to deceive people
and cause death of others in Section 2 and 3 of Article 300,
refers to the cases of establishing or using sects to mold,
spread superstition or fallacies, deceiving their members
or others to practice fast, inflict wounds upon themselves,
or prevent patients from taking normal medical treatment and
resulting in deaths.
The
explanations says it will be a "serious offense" if the following
occurs:
I.
causing three deaths or more;
II. causing fewer than three deaths but serious injuries for
many people;
III. those who have received criminal or administrative penalties
for engaging in cult activities continue to establish or use
sects to deceive people and result in deaths; and
VI. causing other special serious consequences.
Under the explanations, those who establish or use sects to
mold, spread superstition and fallacies, instigate and coerce
their members or others to commit suicide or inflict wounds
on themselves, should be punished according to laws on intended
murder or intended harming offenses under causes in the criminal
law.
Those
who organize and use superstitious sects and sexually exploit
women or young girls by seducing, coercing, deceiving or other
ways should be punished according to clauses on rape, or raping
underage girl offenses, under the criminal law, the explanations
stipulates.
Those
who swindle money or property by establishing or using sects
or other means should be punished according to articles on
swindle offenses in the criminal law.
Offenses of establishing or using sects to organize, scheme,
carry out and instigate activities of splitting China, endangering
the reunification of China or subverting the country's socialist
system should be handled according to relevant laws on endangering
state safety offenses, as stipulated in the criminal law.
All the money and property collected by sects or criminal
offenders who use sects to violate laws, and tools and publicity
materials used for criminal activities, should be confiscated
according to law, it says.
Those
who organize, plot or use sects for criminal activities and
those enthusiastic participants who refuse to mend their ways
despite repeated admonition should be investigated and affixed
the criminal offense responsibility according to the criminal
law and this explanations, it says.
But
those who surrender themselves to law enforcement departments,
or who perform meritorious services, should be given lenient
penalty or exempted from penalty according to law, it says.
Those
who were deceived or coerced into sects and had already withdrawn
from the sect will not be considered as offenders, the explanations
says.
(China
daily 1999/10/30)
|