1. How to convict illegal storage of methanol
Conviction depends on the circumstances. Although the illegal manufacturing, buying, selling, transporting, and storing of dangerous substances does not constitute a crime if the circumstances are serious, it does not constitute a crime once the illegal buying, selling, transporting, or storing of dangerous substances is carried out. The buying, selling, transporting and storing of dangerous substances should not be treated as crimes. It should be noted that the subjects of “illegal manufacture, trade, transportation, storage of toxic, radioactive, infectious disease pathogens and other substances” stipulated in this article are natural persons or units who are not qualified to manufacture, trade, transport, or store the above-mentioned substances in accordance with national regulations. . The boundary between crime and non-crime is to see whether the behavior endangers public safety. This is because some toxic substances involve a wide range of substances, such as rodenticides, which are widely used by civilians in daily life. In practice, although it is illegal to manufacture small quantities of rodents without approval, it does not necessarily endanger public safety. Among them, if the circumstances are obvious, minor, and the harm is not great, they will not be treated as crimes. Considering that some toxic substances have a wide range, such as rat poison, which is widely used by civilians in daily life. Although it is illegal for natural persons or units without manufacturing qualifications to manufacture small quantities for rodent control, it does not necessarily endanger public safety. Therefore, conviction and punishment are not necessarily required. The circumstances are obvious, minor, and the harm is not serious, so it is not considered a crime.
2. The distinction between the crime of illegal manufacturing, trading, transporting and storing dangerous substances and the crime of causing accidents caused by dangerous substances and the crime of spreading infectious strains and virus strains
Illegal manufacturing, trading, transporting, The main difference between the crime of storing poisonous, radioactive, infectious pathogens and other substances and the crime of causing accidents with dangerous substances, spreading of infectious bacteria and virus strains, etc., lies in the subjective aspect of the crime. The subjects of the crime of illegally manufacturing, buying, selling, transporting, and storing toxic, radioactive, infectious pathogens, and other substances are natural persons or units who are not qualified to manufacture, buy, sell, transport, or store the above substances in accordance with national regulations. This subjective crime manifests itself as an intentional crime. The subject of the crime of dangerous goods causing accidents and the crime of spreading infectious strains and virus strains is a person or unit that has obtained the qualifications to manufacture, buy, sell, transport, store toxic, radioactive, infectious pathogens and other substances in accordance with national regulations. Subjectively, it is manifested as a crime of negligence. For example, medical, scientific research, teaching and manufacturing companies, if they violate management regulations in production, storage, transportation and use, and a major accident occurs causing serious consequences, it does not constitute illegal manufacturing, trading, transportation, storage of toxic, radioactive, infectious disease pathogens and other substances. Crime, but should be investigated for criminal responsibility in accordance with Article 136 of the Criminal Law, the crime of dangerous goods causing accidents, and Article 331, the crime of spreading infectious bacteria and viruses.
3. The boundaries between the crime of illegally manufacturing, buying, selling, transporting and storing dangerous substances and the crime of smuggling poisonous, radioactive, infectious pathogens and other substances
Smuggling toxic, radioactive and infectious diseases The crime of pathogens and other substances refers to the behavior of violating customs regulations, evading customs supervision, illegally transporting, carrying, and mailing toxic, radioactive, infectious disease pathogens and other substances into and out of the country (border). There are similarities between the two in terms of objective behavioral methods and behavioral objects, but there are also obvious differences:
(1) The objects of infringement are different. The object of this crime is public security and the state's management system for toxic, radioactive, infectious pathogens and other substances; the object of the crime of smuggling toxic, radioactive, infectious pathogens and other substances is the state's control of toxic, radioactive, infectious pathogens and other substances. Foreign trade control of radioactive, infectious disease pathogens and other material crimes.
(2) Objective aspects are different. This crime is characterized by the illegal manufacturing, buying, selling, transporting, mailing, and storing of toxic, radioactive, infectious disease pathogens and other substances. The buying, selling, transporting, and mailing must be the illegal buying, selling, transporting, and mailing of the above-mentioned items within the country; smuggling poisons Substance crimes such as poisonous, radioactive and infectious pathogens are objectively manifested in violations of customs regulations, evading customs supervision, and transporting and carrying poisonous, radioactive, infectious pathogens and other substances out of the country (border). Violating my country's foreign trade controls, evading customs supervision or border inspection, and illegally transporting toxic, radioactive, infectious pathogens and other substances into and out of the country (border) for the purpose of smuggling shall constitute smuggling of toxic, radioactive, infectious pathogens and other substances crime.
(3) Subjective and intentional differences. If you knowingly purchase poisonous, radioactive, infectious disease pathogens and other substances that are smuggled and import them directly from a smuggler, or if you know that a smuggler purchases poisonous, radioactive, infectious disease pathogens and other substances for smuggling and exports and then sells them to the smuggler as toxic, radioactive, infectious disease pathogens and other substances. Substances such as radioactive and infectious pathogens, or the purchase and sale of toxic, radioactive, infectious pathogens and other substances in inland and territorial seas without legal proof shall not constitute this crime and shall be treated as smuggling of toxic, radioactive, infectious pathogens, etc. Disposal of material crimes.
IV. Requirements for the subject of illegal sales and storage of hazardous substances
The subject of the crime of illegally manufacturing, buying, selling, transporting, and storing hazardous substances is a general subject, that is, he has reached the legal age of criminal responsibility and has criminal responsibility. Any natural person with abilities can constitute it. According to the provisions of paragraph 3 of this article, units can also become the subject of this crime. If an unit illegally engages in activities such as buying, selling, and transporting toxic, radioactive, infectious pathogens, and other substances, its supervisors and directly responsible personnel shall be punished as this crime.
The subjects of "illegal manufacture, trade, transportation, storage of toxic, radioactive, infectious pathogens and other substances" are natural persons or units who are not qualified to manufacture, trade, transport, or store the above-mentioned substances in accordance with national regulations.
Law According to
Article 225 of the Criminal Law of the People's Republic of China and the People's Republic of China
The crime of illegal business is to violate national regulations and commit one of the following illegal business behaviors to disrupt the market If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years and not less than five times the illegal income. A fine of not more than 10 times or property confiscation: (1) Operating special items or other items restricted by laws and administrative regulations without permission;
(2) Buying and selling import and export licenses, import and export licenses Certificate of origin and other business licenses or approval documents stipulated in laws and administrative regulations;
(3) Illegal operation of securities, futures, and insurance business without approval of the relevant national competent authorities, or illegal engagement of funds Payment and settlement business;
(4) Other illegal business activities that seriously disrupt market order.