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Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the State Administration of Work Safety on Strengthening the Investigation for Criminal Liabilities of Those Suspected of Any Crime Due to Illegal Production and Operation of Fireworks and Firecrackers
[Effective]
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最高人民法院、最高人民检察院、公安部、国家安全监管总局关于依法加强对涉嫌犯罪的非法生产经营烟花爆竹行为刑事责任追究的通知
[现行有效]
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| Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the State Administration of Work Safety on Strengthening the Investigation for Criminal Liabilities of Those Suspected of Any Crime Due to Illegal Production and Operation of Fireworks and Firecrackers | | 最高人民法院、最高人民检察院、公安部、国家安全监管总局关于依法加强对涉嫌犯罪的非法生产经营烟花爆竹行为刑事责任追究的通知 |
(No. 116 [2012] of the State Administration of Work Safety) | |
（安监总管三〔2012〕116号） |
The higher people's courts, the people's procuratorates, the departments (bureaus) of public security and the work safety administrative departments of all provinces, autonomous regions, and municipalities directly under the Central Government; the Production and Construction Corps Branches of the Higher People's Court, the People's Procuratorate, Public Security Bureau and Work Safety Administrative Department of Xinjiang Uygur Autonomous Region: | |
各省、自治区、直辖市高级人民法院、人民检察院、公安厅（局）、安全生产监督管理局，新疆维吾尔自治区高级人民法院生产建设兵团分院，新疆生产建设兵团人民检察院、公安局、安全生产监督管理局： |
During the recent years, the illegal production and operation of fireworks and firecrackers has been a very serious problem in some regions, and accidents caused by illegal production and operations are on the rise, causing serious harm to the life and property safety of the people. In order to severely crack down on the criminal offenses of illegally producing and operating fireworks and firecrackers according to law, you are hereby notified of the following relevant requirements concerning strengthening the investigation and prosecution for the criminal liabilities of those suspected of any crime due to the illegal production and operation fireworks and firecrackers: | |
近年来，一些地区非法生产、经营烟花爆竹问题十分突出，由此引发的事故时有发生，给人民群众生命财产安全造成严重危害。为依法严惩非法生产、经营烟花爆竹违法犯罪行为，现就依法加强对涉嫌犯罪的非法生产、经营烟花爆竹行为刑事责任追究有关要求通知如下： |
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I. Whoever illegally produces or operates fireworks and firecrackers or has any other relevant act involving the illegal production, trade, transport, mail or storage of black power and pyrotechnic composition, which constitutes the crime of illegally manufacturing, trading, transporting, mailing or storing explosives, shall be convicted and punished in accordance with the provisions of Article 125 of the Criminal Law; whoever illegally produces or operates fireworks and firecrackers or has any other relevant act involving the illegal production and sale of shoddy or substandard products or products not in conformity with the safety standards, which constitutes the crime of producing or selling shoddy or substandard products and not in conformity with the safety standards, shall be convicted and punished in accordance with the provisions of Article 140 and 146 of the Criminal Law; whoever illegally produces or operates fireworks and firecrackers or has any other relevant act, which constitutes the crime of illegal operation, shall be convicted and punished in accordance with the provisions of Article 225 of the Criminal Law. The conviction and sentencing for the aforesaid illegal production and operation of fireworks and firecrackers and the standards for filing such cases for investigation and prosecution shall be implemented in accordance with the Interpretation of the Supreme People's Court of Several Issues on the Specific Application of Law in the Trial of Criminal Cases about the Illegal Manufacture, Trading and Transport of Guns, Ammunition and Explosives and Other Offences (No. 18 [2009] of the Supreme People's Court), the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Specific Application of Law in the Trial of Criminal Cases regarding the Production and Sale of Shoddy or Substandard Products (No. 10 [2001] of the Supreme People's Court), the Provisions (I) of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing Criminal Cases under the Jurisdiction of Public Security Organs for Investigation and Prosecution (No. 36 [2008] of the Ministry of Public Security), the Provisions (II) of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing Criminal Cases under the Jurisdiction of Public Security Organs for Investigation and Prosecution (No. 23 [2010] of the Ministry of Public Security) and other relevant provisions.
．．．．．． | | 一、非法生产、经营烟花爆竹及相关行为涉及非法制造、买卖、运输、邮寄、储存黑火药、烟火药，构成非法制造、买卖、运输、邮寄、储存爆炸物罪的，应当依照刑法第一百二十五条
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