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Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law to Criminal Cases Concerning Organized Examination Cheating (Fujian [2019] No. 13)


The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Laws in Criminal Cases Concerning Organizing Examination Cheating, etc. Adopted at the 20th meeting of the 13th Procuratorate of the People's Procuratorate. It is hereby announced and will take effect on September 4, 2019.

Supreme People's Court Supreme People's Procuratorate

September 2, 2019

Interpretation (2019) No. 13

Supreme People's Court Supreme People's Procuratorate

About handling criminal cases such as organizing examination cheating

Interpretation of certain issues in applicable law

(The 1765th meeting of the Judicial Committee of the Supreme People's Court on April 8, 2019,

The 13th Procuratorate of the Supreme People's Procuratorate on June 28, 2019

(Adopted at the 20th meeting, effective from September 4, 2019)

In order to punish the crimes of organizing exam cheating, illegal sale, providing test questions, answers, replacing exams, etc., and maintaining the fairness and order of exams, according to the provisions of the Criminal Law of the People's Republic of China and the Criminal Procedure Law of the People's Republic of China, such criminals are now being handled. Several issues concerning the application of law in the case are explained below:

Article 1. The "national examinations prescribed by law" stipulated in Article 284 of the Criminal Law are limited to examinations prescribed by laws formulated by the National People's Congress and its Standing Committee.

According to relevant laws and regulations, the following examinations are "national examinations required by law":

(1) National education examinations such as the entrance examinations for ordinary colleges and universities, the entrance examinations for graduate students, the self-study examinations for higher education, and the entrance examinations for adult institutions of higher learning;

(2) Central and local civil servant recruitment examinations;

(3) National Uniform Legal Professional Qualification Examination, National Teacher Qualification Examination, National Certified Public Accountant Examination, Accounting Professional and Technical Qualification Examination, Asset Appraiser Qualification Examination, Physician Qualification Examination, Licensed Pharmacist Vocational Qualification Examination, Registered Architect Examination, Construction Engineer Professional and technical qualification examinations such as the qualification examination;

(4) Other national examinations organized by the central or local competent department and industry in accordance with the law.

The special types of admissions, special skills tests, interviews and other tests involved in the tests specified in the preceding paragraph belong to the "national tests required by law."

Article 2: In the state examinations provided for by law, the organization of cheating in any of the following circumstances shall be deemed to be "serious" under Article 1 of Article 284 of the Criminal Law:

(1) Organizing examination cheating in the entrance examinations for colleges and universities, graduate admissions examinations, and civil service recruitment examinations;

(2) causing the examination to be postponed, cancelled, or the use of alternate examination questions;

(3) Examination staff organizes examination cheating;

(4) Organizing candidates to cheat across provinces, autonomous regions, and municipalities;

(5) cheating on examinations repeatedly;

(6) Organizing more than 30 cheats;

(7) Providing more than 50 pieces of cheating equipment;

(8) illegal income of more than 300,000 yuan;

(9) Other circumstances with serious circumstances.

Article 3. Programs and tools that have functions to avoid or break through the examination room to prevent cheating, acquire, record, transmit, receive, and store test questions, answers, and other functions, as well as programs and tools specifically designed for cheating, shall be identified as "Cheating equipment" as stipulated in the second paragraph of Article 284 of the Criminal Law.

If it is difficult to determine whether it belongs to the "cheating equipment" stipulated in the second paragraph of Article 284 of the Criminal Law, it shall be determined based on the report issued by the public security organ above the provincial level or the examination authority and other evidence; it involves special spy equipment Special equipment such as eavesdropping, eavesdropping, and "false base stations" shall be identified in accordance with relevant regulations.

Article 4: Organizing cheating in an exam, which is seized before the start of the exam, but has illegally obtained the test questions, answers, or other circumstances that seriously disrupt the order of the exam, shall be deemed to be an attempt to cheat in organizing the exam.

Article 5 For the purpose of cheating in an examination, illegally selling or providing test questions and answers to national examinations prescribed by law, if one of the following circumstances exists, it shall be deemed to be the "plot" specified in Article 3 of Article 284 of the Criminal Law. serious":

(1) illegally selling or providing test questions and answers for the entrance examination for colleges and universities, the entrance examination for graduate students, and the recruitment test for civil servants;

(2) causing the examination to be postponed, cancelled, or the use of alternate examination questions;

(3) The test staff illegally sells or provides test questions and answers;

(4) illegally selling or providing test questions and answers repeatedly;

(5) illegally selling or providing test questions and answers to more than 30 people;

(6) illegal income of more than 300,000 yuan;

(7) Other serious circumstances.

Article 6 In order to carry out cheating in the examination, illegally selling or providing test questions and answers of national examinations prescribed by law to other people. Incomplete test questions or inconsistent answers with standard answers shall not affect the determination of the crime of illegally selling, providing test questions, and answers .

Article 7 Anyone who substitutes for another person or allows others to take the national examination prescribed by law shall be convicted and punished in accordance with the provisions of Paragraph 1 of Article 284 of the Criminal Law.

If the perpetrator's crime is relatively light, and he does show remorse, comprehensive consideration of the actor's test replacement status and the type of examination, etc., can be declared as probation if he meets the conditions for probation; if the crime is minor, he may not be prosecuted or exempted from criminal punishment. ; If the plot is not significant and minor harm, it shall not be punished by crime.

Article 8 Any unit that conducts cheating in organizing examinations, illegally selling, providing test questions, answers, etc. shall be investigated for the criminal responsibilities of organizers, planners and implementers in accordance with the corresponding conviction and sentencing standards stipulated in this Interpretation.

Article 9 Illegally obtaining test questions and answers to national examinations prescribed by law by stealing, spying, and buying, and organizing test cheating or illegally selling and providing test questions and answers, complying with Article 282 of the Criminal Law and Article 200 of the Criminal Law, respectively. According to one of Article 84, the crime of illegally obtaining state secrets and the crime of organizing examinations for cheating or illegally selling, providing test questions, and answering crimes shall be punished concurrently.

Article 10 In other tests than the national examination provided by law, organize cheating, provide cheating equipment or other help for others to cheat, or illegally sell or provide test questions and answers, which is in compliance with the crime of illegally obtaining state secrets, illegal production, and sales wiretapping. Crimes such as the crime of stealing special equipment, the illegal use of wiretapping, the crime of stealing special equipment, the crime of illegal use of information networks, and the crime of disrupting the order of radio communication management shall be investigated for criminal responsibility according to law.

Article 11: The establishment of a website or communication group for conducting cheating in examinations or the release of information about cheating in examinations, if the circumstances are serious, shall be convicted of the crime of illegal use of information networks in accordance with the provisions of Article 287 of the Criminal Law. Penalties; at the same time constituting other crimes such as organizing an examination for cheating, illegally selling, providing test questions, answers, or illegally obtaining state secrets, etc., the punishment shall be convicted and punished.

Article 12: Those who are sentenced to punishment for committing the crimes specified in this Interpretation may declare a professional prohibition according to law according to the circumstances of the crime and the need to prevent re-offending; if they are sentenced to control and probation, they may declare a prohibition order according to the crime.

Article 13 Where the implementation of the acts stipulated in this Interpretation constitutes a crime, the punishment shall be assessed in accordance with the law by comprehensively considering the degree of harm of the crime, the amount of illegal income, the defendant's prior record, and the attitude of confession and repentance.

Article 14 This interpretation shall come into effect on September 4, 2019.

Source: Supreme People's Court Network