英语论文网

In judicial practice , the ability to identify the perpetrator 's subjective intent with smuggling directly related to the smuggling ordinary goods , goods identification of crime or criminal cases .

Subjective intent is constituted with smuggling smuggling ordinary goods, items one of the elements of sin , but the smuggling suspects were identified subjective intent has been handling difficult. Partly because of strong foreign smuggling cases , some important witnesses, documentary evidence, physical evidence is difficult to get outside and objectively impede the subjective intent of the suspect identified ; partly because smugglers are generally subject to prior planning, organized, clear division of labor and personnel involved in many aspects of gangs or sex crimes , customs investigate smuggling activities in general or receiving transport links, principal and other staff are mostly due to off-site links and difficult to catch , so the lack of co- suspects testify ; Again This has resulted in the lack of direct evidence , failed to form interlocking chain of evidence and can not confirm the suspect smuggling subjective intent .

In judicial practice, then how to identify the subjective intent of smuggling it ? Supreme People's Court , the Supreme People 's Procuratorate, the General Administration of Customs " on the handling of criminal cases of smuggling applicable law a number of issues " on the smuggling suspects and defendants subjective intent identified problems make the following observations : the perpetrator know that their actions violated state law regulations and evade customs supervision , tax evasion inward and outward goods and articles of tax payable , or to evade the prohibition relevant entry and exit management , wishes or allows harmful results occur , should be recognized as having smuggled subjective intent . The opinion also smuggling cases prove difficult to obtain evidence of effective crime perpetrator mentality circumstances permit judicial presumption in certain situations, the actor has smuggled subjective intent , that is, for the facts and the evidence can be clearly reflect subjective intent suspects state , can be presumed suspects " should have known ." "Opinions" clearly defined in the smuggling of subjective intent "knowingly" refers to the act knows or should know are engaged in behavior is smuggling. One of the following circumstances , can be identified as "knowingly ", but there is evidence indeed be deceived , except :

One , to evade customs supervision , transportation, carrying, mailing countries prohibit the import and export of goods and articles ;

Second, the use of special equipment or means of transport smuggled goods ;

Third, without Customs approval , in the non- established customs of the pier, sea ( river ) shore, land borders and other locations , transport ( barge load ) , the acquisition or sale of illegal entry and exit of goods and articles ;

Fourth, to provide false contracts, invoices, certificates and other commercial documents entrusted to act as clearance procedures ;

Five to significantly lower than normal goods into ( out of ) the mouth of the Yingjiaoshuie commissioned agent into ( out ) port operations ;

Six