The Interpretation of the Supreme People’s Court on Several Issues concerning the Application of Law in the Trial of Cases regarding Crimes of Trafficking in Women and Children (The “Trafficking Crimes Interpretation”) defines terms and interprets rules in the Criminal Law related to trafficking in women. This interpretation guides legal practitioners in addressing recent developments in trafficking-related crimes. Firstly, it states that cases involving infants and newborns taken away from their guardians through deceit by traffickers, falling under “stealing newborns and infants” (Article 240(6)). Secondly, it distinguishes legal for-profit dating services from forced marriage crimes. It declares that selling women under the guise of introducing marriage is also considered trafficking under Article 240. Lastly, the Interpretation allows for multiple punishments under Criminal Law. Typically, obstruction to law enforcement during the commission of the specified crimes is not considered a sperate offense, nor is the sale of stolen or robbed property from the same crime. However, to deter trafficking criminals, multiple criminal punishments are applied when criminals buying abducted women obstruct rescuing activities or exploit them for profit, like professional begging and prostitution. For instance, a buyer obstructing the police during a rescue may face two charges: buying an abducted woman and obstructing official business. Additionally, family members assisting the buyer may also be held criminally liable.
《最高人民法院关于审理拐卖妇女儿童犯罪案件具体应用法律若干问题的解释》（《解释》）对刑法中与拐卖妇女相关的术语和规则进行了定义和解释。该解释指导法律从业人员应对贩运相关犯罪的最新发展。首先，它规定涉及人贩子通过欺骗从监护人手中夺走婴儿和新生儿的案件属于“偷盗新生儿和婴儿”（第二百四十条第(6)款）。其次，它区分了合法的营利性约会服务与强迫婚姻犯罪，规定了以介绍婚姻为幌子贩卖妇女也属于第 二百四十条规定的人口拐卖。最后，《解释》允许根据《刑法》进行多重处罚。通常情况下，在实施特定犯罪过程中阻碍执法、出售被盗或被抢财产的行为不被视为多重犯罪。但是，为了震慑拐卖妇女的犯罪分子，当收买被拐卖妇女的犯罪分子阻碍解救活动或利用被拐卖妇女牟利时，如职业乞讨和非法乞讨，则适用数罪并罚。
Year
- Type
- Jurisdiction