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Model Cases of Crimes of Cheating in Examinations Published by the Supreme People's Court [Effective]
最高人民法院发布考试作弊犯罪典型案例 [现行有效]
【法宝引证码】

Model Cases of Crimes of Cheating in Examinations Published by the Supreme People's Court 

最高人民法院发布考试作弊犯罪典型案例

(September 3, 2019) (2019年9月3日)

Table of Contents 目录
1. Case of Organizing Cheating in an Examination by Zhang Wuya, Lv Shilong, Zhang Xiayang, et al. 一、章无涯、吕世龙、张夏阳等组织考试作弊案
2. Case of Organizing Cheating in an Examination by Du Jinbo and Ma Weiyuan 二、杜金波、马维圆组织考试作弊案
3. Case of Organizing Cheating in an Examination by Duan Chao, Li Zhongcheng, et al. 三、段超、李忠诚等组织考试作弊案
4. Case of Illegally Selling Answers by Li Zhigang 四、李志刚非法出售答案案
5. Case of Taking an Examination by Hou Qingling on Behalf of Hu Kai or Enabling Hou Qingliang to Take an Examination on Behalf of Himself by Hu Kai 五、侯庆亮、虎凯代替考试案
6. Case of Illegally Acquiring State Secrets and Illegally Selling and Providing Examination Questions and Answers by Wang Xuejun and Weng Qineng 六、王学军、翁其能等非法获取国家秘密,非法出售、提供试题、答案案
I. Case of Organizing Cheating in an Examination by Zhang Wuya, Lv Shilong, Zhang Xiayang et al.   一、章无涯、吕世龙、张夏阳等组织考试作弊案
The act of organizing cheating in the entrance examination for postgraduates falls under serious circumstances in the crime of organizing cheating in examinations. 在研究生招生考试中组织作弊,构成组织考试作弊罪“情节严重”
1. Basic Facts (一)基本案情
Defendant Zhang Wuya organized cheating in the entrance examination for postgraduates in the business management majors in 2017 by means of designing transmission of examination answers by radio equipment and recruited students by assuring success in the examination. Defendant Lv Shilong came into contact with Zhang Wuya through defendant Zhang Xiayang and defendant Zhang Zongqun established a connection with Zhang Xiayang through defendant Li Qian. Lv Shilong, Zhang Xiayang, and Zhang Zongqun recruited examinees for Zhang Wuya and they sought profit from such recruitment. Zhang Wuya agreed with Zhang Xiayang and Lv Shilong that each examinee should pay Zhang Wuya CNY20,000, CNY10,000 before taking the examination and another CNY10,000 after passing the examination. They organized 18 examinees to cheat in the examination and Lv Shilong paid Zhang Xiayang the training fee of CNY180,000; Zhang Wuya promised that examinees recruited by Zhang Zongqun would pass all examination subjects and the test scores may reach the national minimum passing score in regions of category A. There were ten examinees, each examinee should pay CNY26,000 with CNY10,000 paid in advance, and Zhang Zongqun paid Zhang Wuya a total of CNY100,000 in advance. 被告人章无涯设计以无线电设备传输考试答案的方式,在2017年研究生招生考试管理类专业学位联考中组织作弊,并以承诺保过的方式发展生源。被告人吕世龙通过被告人张夏阳、被告人张宗群通过被告人李倩,与章无涯建立联系,吕世龙、张夏阳、张宗群为章无涯招募考生,并从中获取收益。章无涯与张夏阳、吕世龙约定每名考生向章无涯支付2万元,考前支付1万元,通过考试后再支付1万元,组织18名考生参加考试作弊,吕世龙向张夏阳支付培训费18万元;章无涯承诺张宗群的考生通过全科考试,并可以达到国家A线,相关考生10人,每人2.6万元,每人预付款1万元,张宗群共支付章无涯预付款10万元。
Zhang Wuya purchased signal emitters, signal receivers, and other cheating equipment. Zhang Zongqun, Lv Shilong, and Zhang Xiayang handed out such signal receivers to the examinees and cooperated with Zhang Wuya in organizing the examinees to test such cheating equipment in the way of stimulating the examination; Zhang Wuya asked Li Qian to find someone to offer answers, they checked in a hotel near the examination place, installed and connected laptops, mobile phones, signal emitters, and other cheating equipment, and guided Li Qian and defendant Zhang Feng in sending answers through the computer. On the morning of December 24, 2016, Zhang Wuya, Lv Shilong, Zhang Xiayang, Zhang Zongqun, Li Qian, and Zhang Feng organized 33 examinees to cheat in the comprehensive capacity examination for business management majors in the National Entrance Examination for Postgraduates in 2017 and Zhang Wuya, Li Qian, and Zhang Feng sent answers from different hotels to examinees participating in cheating in three examination places. 章无涯购买信号发射器、信号接收器等作弊器材,张宗群、吕世龙、张夏阳将信号接收器分发给考生,并以模拟考试等方式配合章无涯组织考生试验作弊器材;章无涯让李倩找人帮忙做答案,在考场附近酒店登记房间,安装并连接笔记本电脑、手机、信号发射器等作弊器材,并指导李倩和被告人章峰通过电脑发送答案。2016年12月24日上午,章无涯、吕世龙、张夏阳、张宗群、李倩、章峰组织33名考生在2017年全国硕士研究生招生考试管理类专业学位联考综合能力考试中作弊,章无涯、李倩、章峰在不同酒店为在三个考点参与作弊的考生发送答案。
2. Judgment (二)裁判结果
According to the judgment of first instance rendered by the People's Court of Haidian District, Beijing Municipality and the ruling of second instance rendered by the First Intermediate People's Court of Beijing Municipality, the entrance examination for postgraduates is an important national examination with great social concerns, extensive impacts, and wide coverage. In the entrance examination for postgraduates, defendants Zhang Wuya, Lv Shilong, Zhang Xiayang, and other persons organized many examinees to cheat, which constituted the crime of organizing cheating in examinations and fell under “serious circumstances.” In the joint crime, Zhang Wuya, Lv Shilong, Zhang Xiayang, and Zhang Zongqun played principal roles and they were principal offenders; Li Qian and Zhang Feng played accessory roles and they were accessory offenders. By taking into full account of such circumstances as the number of examinees organized by all defendants, levels of involvement in the crime of all defendants as well as their confessions and repentances, for committing the crime of organizing cheating in examinations, Zhang Wuya was sentenced to a fixed-term imprisonment of four years and a fine of CNY40,000 was imposed on him; Lv Shilong and Zhang Xiayang were separately sentenced to a fixed-term imprisonment of three years and a fine of CNY30,000 was imposed on them; Zhang Zongqun was sentenced to a fixed-term imprisonment of two years and ten months and a fine of CNY30,000 was imposed on each of them; Li Qian was sentenced to a fixed-term imprisonment of one year and ten months and a fine of CNY20,000 was imposed on her; and Zhang Feng was sentenced to a fixed-term imprisonment of one year and eight months and a fine of CNY10,000 was imposed on him. 北京市海淀区人民法院一审判决、北京市第一中级人民法院二审裁定认为:研究生招生考试社会关注度高、影响大、涉及面广,属于国家级重要考试。被告人章无涯、吕世龙、张夏阳等在研究生招生考试中,组织多名考生作弊,构成组织考试作弊罪,且属“情节严重”。被告人章无涯、吕世龙、张夏阳、张宗群在共同犯罪中起主要作用,系主犯;被告人李倩、章峰在共同犯罪中起辅助作用,系从犯。综合考虑各被告人组织考生的数量、参与犯罪的程度、以及坦白、认罪悔罪等情节,分别以组织考试作弊罪判处被告人章无涯有期徒刑四年,并处罚金人民币四万元;被告人吕世龙、张夏阳有期徒刑三年,并处罚金人民币三万元;被告人张宗群有期徒刑二年十个月,并处罚金人民币三万元;被告人李倩有期徒刑一年十个月,并处罚金人民币二万元;被告人章峰有期徒刑一年八个月,并处罚金人民币一万元。
II. Case of Organizing Cheating in an Examination by Du Jinbo and Ma Weiyuan   二、杜金波、马维圆组织考试作弊案
The act of organizing cheating in the civil servants examination falls under “serious circumstances” in the crime of organizing cheating in examinations. 在公务员录用考试中组织作弊,构成组织考试作弊罪“情节严重”
1. Basic Facts (一)基本案情
Upon premeditation, defendants Du Jinbo and Ma Weiyuan organized examinees taking the civil servants examination of Yunnan Province in 2017 to cheat. Du Jinbo provided the examinees with receivers, ear phones, and other cheating equipment and charged the down payment of CNY13,000 and he reached oral agreements with such examinees that after passing the examination, each examinee would pay him fees ranging from CNY60,000 to 80,000. Ma Weiyuan provided the examinees with receivers, ear phones, and other cheating equipment and charged the down payment of CNY9,000 and he reached written agreements with such examinees that after passing the examination, each examinee would pay him CNY60,000. In the afternoon of April 21, 2017, Du Jinbo and Ma Weiyuan tested the cheating equipment and provided the examinees with training on the use of such cheating equipment. Around 8:00 on the subsequent day, Du Jinbo and Ma Weiyuan installed the emitter and got ready to provide the examinees with answers in the way of voice transmission. Around 9:00, the receivers and ear phones carried by the examinees were seized. 被告人杜金波、马维圆预谋后,组织参加云南省2017年度公务员录用考试的考生作弊。杜金波向考生提供接收器、耳机等作弊器材,共收取1.3万元定金,口头约定考试通过后每名考生支付6万元至8万元不等的费用。马维圆向考生提供了接收器、耳机等作弊器材,共收取0.9万元定金,书面约定考试通过后每名考生支付6万元的费用。2017年4月21日下午,杜金波、马维圆对考生进行作弊器材的测试和运用培训。次日8时许,杜金波、马维圆安装发射器,准备通过语音传输方式向考生提供答案,9时许,考生携带接收器、耳机参加考试被查获。
2. Judgment (二)裁判结果
According to the judgment of first instance rendered by the People's Court of Qilin District, Qujing City, Yunnan Province and the judgment of second instance rendered by the Intermediate People's Court of Qujing City, for the purpose of making profits, defendants Du Jinbo and Ma Weiyuan organized many persons to cheat in the civil servants examination by using cheating equipment, which constituted the crime of organizing cheating in examinations and fell under “serious circumstances.” In the joint crime, Du Jinbo was the person who arose the criminal intent, provided the cheating equipment, and instructed and committed the crime, he played the principal role, and was a principal offender; Ma Weiyuan was the participant and played an accessory role and was an accessory offender. By taking into full account of such circumstances as recidivism, admission of guilt, and return of the illicit income, for committing the crime of organizing cheating in examinations, Du Jinbo was sentenced to a fixed-term imprisonment of three years and six months and a fine of CNY20,000 was imposed on him; and Ma Weiyuan was sentenced to a fixed-term imprisonment of one year and a fine of CNY10,000 was imposed on him. 云南省曲靖市麒麟区人民法院一审判决、曲靖市中级人民法院二审判决认为:被告人杜金波、马维圆出于牟利的目的,利用作弊器材组织多人在公务员录用考试中作弊,构成组织考试作弊罪,且属“情节严重”。在共同犯罪中,杜金波是犯意提起者、作弊器材提供者、行为指挥和实施者,起主要作用,是主犯;马维圆是行为参与者,起次要作用,是从犯。综合考虑被告人的累犯、认罪、退赃等情节,以组织考试作弊罪判处被告人杜金波有期徒刑三年六个月,并处罚金人民币二万元;被告人马维圆有期徒刑一年,并处罚金人民币一万元。
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