State Administration for Industry and Commerce of Ministry of Public Security
Provisions on investigating and handling cases of theft and robbery of motor vehicles according to law
(1No.31No.3 [1998] of May 8, 1998)
In order to severely crack down on motor vehicle theft and robbery, block the channels for criminals to sell stolen goods, and protect the state, collective property and citizens' legitimate property, according to the provisions of the Criminal Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Law), the Criminal Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Procedure Law) and other relevant laws and regulations.
First, the judicial organs to investigate and deal with cases of theft and robbery of motor vehicles, any unit or individual shall give assistance. Whoever obstructs judicial personnel from handling cases according to law by violence or threats shall be punished in accordance with the provisions of the first paragraph of Article 277 of the Criminal Law.
2. Whoever knowingly conceals, transfers, purchases or sells a motor vehicle obtained from theft or robbery shall be punished in accordance with the provisions of Article 312th of the Criminal Law.
Whoever knowingly dissembles, refits, assembles, pawns or resells motor vehicles obtained from theft or robbery shall be punished for harboring, transferring, purchasing and selling them on behalf of others, and shall be punished in accordance with the provisions of Article 312 of the Criminal Law.
Third, the person-in-charge or other directly responsible personnel of the state-designated vehicle trading market, motor vehicle operating enterprises (including pawn shops and auction houses), enterprises engaged in motor vehicle maintenance and parts sales, who knowingly conceal, transfer, disassemble, assemble, purchase or sell stolen motor vehicles, shall be punished in accordance with the provisions of Article 312 of the Criminal Law. Units that organize the implementation of the above acts shall be punished by the administrative department for industry and commerce.
Four, second and third provisions of the actor in advance with the theft, robbery of motor vehicles criminals, respectively, for theft, robbery * * *.
Five, motor vehicle transactions must be carried out in the trading market designated by the state or legally operated enterprises, and the transaction certificate must be verified and sealed by the administrative department for Industry and commerce before registration or transfer procedures can be handled. Trading motor vehicles without permission is an illegal act, which shall be handled by the administrative department for industry and commerce according to law.
Whoever knowingly buys stolen goods shall be convicted and punished for buying stolen goods. The person in charge directly responsible for the unit or other directly responsible personnel shall be convicted and punished for the crime of knowingly buying stolen goods with stolen cars.
Anyone who knowingly introduces and sells stolen goods shall be punished as a * * offender of the crime of buying and selling stolen goods.
6. Whoever illegally sells motor vehicle invoices or forges, manufactures or sells forged or manufactured motor vehicle invoices without authorization shall be punished in accordance with the provisions of Article 209 of the Criminal Law.
Seven, forgery, alteration, sale of motor vehicle license plate and motor vehicle home, transfer, verification of relevant documents, shall be punished in accordance with the provisions of the first paragraph of Article 280 of the Criminal Law.
Eight, public security, industrial and commercial administrative personnel take advantage of their positions, ask for or illegally accept other people's property, for their car theft, transfer, verification, which constitutes a crime, shall be punished in accordance with the provisions of Articles 385 and 386 of the Criminal Law.
Nine, public security, industrial and commercial administrative personnel or other state organs staff abuse their powers or neglect their duties, engage in malpractices for selfish ends, resulting in the stolen car home, transfer, verification, shall be given administrative sanctions; Whoever causes heavy losses to public property and the interests of the state and the people shall be punished in accordance with the provisions of Article 397 of the Criminal Law.
Ten, public security personnel to steal or rob a motor vehicle, illegally provide a motor vehicle license plate or provide convenience for them to obtain a motor vehicle license plate, to help criminals escape punishment, shall be punished in accordance with the provisions of Article 417th of the Criminal Law.
Eleven, the motor vehicle stolen or robbed by criminals and the sale price shall be recovered in accordance with the provisions of Article 64 of the Criminal Law.
Twelve, knowing that the car was stolen, it should be recovered free of charge; If a vehicle purchased in violation of state regulations is found stolen, the public security organ may recover it and detain it in accordance with the provisions of Articles 110 and 114 of the Criminal Procedure Law. Those who didn't know they were stolen cars at the time of purchase will return them to the buyers after closing the case.
Thirteen, after the purchase of stolen cars, the use of illegally provided home, transfer procedures or the use of forged or altered stolen cars home, transfer procedures, the license shall be revoked, and the vehicle shall be recovered free of charge; If the vehicle has been sold, the proceeds from the sale shall be recovered and the economic losses shall be ordered to be compensated.
Fourteen, stolen or robbed motor vehicles directly recovered from criminals, after inspection and identification, can be returned to the owner in advance in accordance with the law, and attached to the list, photos and other evidence to transfer the case. Before returning to the owner, it shall be managed in accordance with the provisions on the management of stolen goods, and no unit or individual may misappropriate, damage or dispose of it by itself.
Fifteen, theft, robbery of motor vehicles, by the public security organs where the case occurred for investigation, the public security organs should cooperate. Cross-regional series of motor vehicle theft and robbery cases shall be filed for investigation by the public security organ that initially accepted them; When necessary, the public security organ in the main crime place may file a case for investigation, or the public security organ at a higher level may designate the case for investigation.
Sixteen, local public security organs to seize or assist the area to recover stolen or robbed motor vehicles, should be transferred to the area according to law, not for any reason to detain or ask for fees. If it is not done within the time limit, the unit leader shall be given administrative sanctions.
Seventeen, the term "knowing" as mentioned in these Provisions refers to knowing or should know. In any of the following circumstances, it can be considered as knowing, except that there is evidence to prove that it has been cheated:
(a) in the illegal motor vehicle trading places and sales units to buy;
(two) the procedures for motor vehicle certificates are incomplete or obviously in violation of regulations;
(3) The engine number or frame number of a motor vehicle is changed without legal proof;
(four) to buy a motor vehicle at a price significantly lower than the market price.
Eighteen, these Provisions shall come into force as of the date of promulgation. The investigation and handling of cases of theft, robbery and fraud of motor vehicles shall be handled with reference to the principles of these Provisions. If the case has not been closed after the promulgation of these Provisions, these Provisions shall apply.