
北京8月3日电 -- 近日,中国最高检首次发布涉军犯罪典型案例,为各级执法司法机关办理案件提供规范引导。
BEIJING, Aug. 3 -- China's Supreme People's Procuratorate (SPP) recently released typical cases of military-related crimes for the first time, providing norms and guidelines for law enforcement work of judicial organs at various levels.
7月30日,从中国最高人民检察院获悉,近日该院印发七起全国检察机关依法惩治侵犯军人军属合法权益、危害国防利益犯罪典型案例,涉及冒充军人招摇撞骗罪、阻碍军人执行职务罪、非法买卖武装部队制式服装罪、过失以危险方法危害公共安全罪、破坏军婚罪及司法救助相关案例。
According to the SSP, it recently released several typical cases in which procuratorial organs punished the crimes of violating the lawful rights and interests of service members and their families, or endangering national defense interests, as well as some other cases concerning military judicial relief. The crimes concerned include pretending to be service members for deceptive purposes, obstructing service members from performing their duties, illegally trading military uniforms, endangering public security in dangerous means by negligence, and disrupting military marriage.
2016年1月至2021年6月,全国检察机关办理破坏军婚案件148件150人,危害国防利益案件1663件2653人,其中,冒充军人招摇撞骗罪827件1094人,伪造、变造、买卖武装部队公文、证件、印章罪362件698人,破坏武器装备、军事设施、军事通信罪98件165人,过失损坏武器装备、军事设施、军事通信罪220件360人。
From January 2016 to June 2021, procuratorial organs nationwide have handled 148 cases of disrupting military marriage, involving 150 people, and 1,663 cases of endangering national defense interests, involving 2,653 people. Besides, 827 cases involved criminals pretending to be service members for deceptive purposes, involving 1,094 people; 362 cases involved the forgery, alternation, manufacturing and trading of documents, certificates and seals of armed forces, involving 698 people; 98 cases involved the destruction of weapons and equipment, military facilities and military communication, involving 165 people, and 220 cases involved the damage of weapons and equipment, military facilities and military communication by negligence, involving 360 people.
最高检第一检察厅厅长苗生明介绍,由于涉军刑事案件专业性、政策性较强,涉及罪名范围较广,各级执法司法机关在办理案件时往往要面对法律适用、证据调取、罪名认定等方面的难题。发布相关典型案例,可以为各级执法司法机关办理案件提供示范、规范和引导,促进法律统一正确适用。
According to Miao Shengming, head of the No.1 Procuratorial Office of the SSP, given the special nature and strong policy orientation of military-related criminal cases and the wide range of crimes involved, the law enforcement and judicial organs at various levels often encounter difficulties in the application of the law, collection of evidence, and determination of crime when handling such cases. Releasing typical cases of this kind can provide demonstration, norms and guidance for those organs in handling similar cases and therefore promote the unified and correct application of the law.