The constitutive requirements and punishment standard of the crime of smuggling currency The crime of smuggling counterfeit money belongs to the crime of destroying the order of socialist market economy in criminal law, and it is a relatively important crime. Money is the main medium of market transactions at present, and smuggling money has a great obstacle to the development of market economy.

According to the criminal law, the crime of smuggling counterfeit money refers to the act of transporting, carrying and mailing counterfeit money into or out of the country in violation of customs regulations, or illegally purchasing it directly from smugglers, and transporting, purchasing, selling and forging counterfeit money in inland seas, coastal waters, boundary rivers and boundary lakes. This crime has specific standards of filing, punishment and identification, including subjective elements, subjective elements, objective elements and objective elements.

(A) the object elements

The object of this crime is a complex object, which not only violates the state's management of currency, but also undermines the state's foreign trade management. The object of this crime is different from other crimes such as smuggling drugs and obscene articles, and is limited to counterfeit currency. The so-called counterfeit money refers to counterfeit money made by printing, photocopying, lithography, hand-drawing and photography according to the patterns, shapes, colors and lines of RMB or foreign currency. It includes counterfeiting both RMB and foreign currency.

According to the methods of forgery, it can be divided into machine-made offset printing, gravure printing, slate, woodcut, wax printing, copying and reputation printing, photography, characterization, printing, copying and plate-making technology, and coin imitation. Strictly speaking, altered currency, that is, the currency that has been cut and pasted, dug, uncovered and altered, changed its form and appreciated, is not counterfeit money. Smugglers should not be punished for this crime.

(b) objective factors

Objectively, this crime is manifested as the act of illegally carrying, transporting and mailing counterfeit money into and out of the country in violation of the national monetary management regulations and customs rules, and evading customs supervision. The so-called evasion of customs supervision refers to the act of adopting various methods to evade customs supervision and inspection of counterfeit money transported, carried and mailed. Avoiding customs supervision is one of the most essential characteristics of smuggling, and this crime is no exception. In fact, the perpetrator knows that counterfeit money is strictly prohibited from entering or leaving the country. If it is found by the customs, it will be confiscated. Therefore, in order to achieve their goals, criminals who smuggle counterfeit money can only take all kinds of improper means to make the counterfeit money they transport, carry or mail evade customs inspection and supervision.

As for its means, there are many ways, some are smuggling around customs, that is, illegally transporting and carrying counterfeit money into and out of the country where there are no customs and border checkpoints; Some are smuggled without customs clearance, that is, although they pass through the customs, they attempt to deceive the inspection of the customs department by means of concealment, false report and disguise, and mail forged currency into and out of the country through transportation lines such as land, sea and air. These acts are typical acts of smuggling counterfeit money. In addition, there are some atypical behaviors of smuggling counterfeit money, which are usually called indirect smuggling or quasi-smuggling in theory. According to the relevant provisions of the law, quasi-smuggling activities mainly include the following forms:

1, directly buy counterfeit money from criminals who smuggle counterfeit money;

2. Buying, transporting or selling counterfeit money in inland seas and territorial waters;

3. Collaborating with criminals who smuggle counterfeit money, providing them with loans, funds, account numbers, invoices and certificates, or providing them with convenient conditions such as transportation, storage and mailing; Wait a minute.

(3) Main elements

The subject of this crime is the general subject, and any natural person who has reached the age of 16 and has the ability of criminal responsibility can become the subject of this crime; Units can also constitute this crime.

(4) Subjective factors

Subjectively, this crime must be intentional and direct, that is, the perpetrator knows that it is counterfeit money, but still decides to escape customs supervision, transport, carry or mail it into the country (territory). Negligence cannot constitute this crime. It does not constitute this crime if the actor transports, carries or mails forged currency into or out of the country without knowing it or being completely deceived. Of course, this does not exclude other crimes, such as smuggling ordinary goods and articles. Whether the actor has a profit-making purpose has no influence on the constitution of this crime.

Second, how to punish the crime of smuggling currency?

(1) According to Article 1, Paragraph 1 and Paragraph 4 of the Criminal Law:

1. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not less than seven years, with a fine or confiscation of property. Referring to Article 5 of the Interpretation, anyone who has the following serious circumstances can be convicted and sentenced within this sentencing range: (1) The total face value of smuggled counterfeit money (calculated by converting foreign currency into RMB currency, the same below) is more than 5,000 yuan but less than 50,000 yuan, or the monetary amount is more than 500 pieces but less than 5,000 pieces; (two) smuggling counterfeit currency, the amount is less than 5,000 yuan in 500 yuan, or the amount is more than 50 pieces but less than 500 pieces, and violently resisting inspection, detention or arrest; (3) Smuggling counterfeit money and putting it on the market, with a total denomination of more than 654.38+10,000 yuan but less than 654.38+10,000 yuan, or with a currency amount of more than 654.38+10,000 pieces; (4) Other serious circumstances.

2. Whoever commits this crime and the circumstances are relatively minor shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years and fined. The so-called minor case, with reference to the explanation, mainly refers to the situation that the total denomination of smuggled counterfeit money is less than 5,000 yuan above 500 yuan, or the amount is more than 50 pieces but less than 500 pieces.

3. Whoever commits this crime, if the circumstances are especially serious, shall be sentenced to life imprisonment or death, and his property shall be confiscated. Referring to the third paragraph of Article 5 of the Interpretation, it can be considered that the circumstances are particularly serious under any of the following circumstances: (1) The total denomination of smuggled counterfeit money is more than 50,000 yuan or the amount of money is more than 5,000 pieces; (2) Smuggling counterfeit money constitutes a crime and violently resists inspection, detention or arrest, resulting in serious consequences; (3) Smuggling counterfeit money with a total denomination of more than 10000 yuan or a monetary amount of more than 1000 pieces, pretending to be the staff of the judicial, customs, industrial and commercial administration and other state organs; (4) Smuggling counterfeit money and putting it on the market, with a total denomination of more than 10000 yuan or a coin count of more than 1000 pieces; (5) Smuggling counterfeit money in collusion with overseas criminals, and the circumstances are serious; (6) Other particularly serious circumstances.

If the smuggled counterfeit currency belongs to foreign currency, it shall be converted according to the RMB market exchange rate of the same currency published by the State Administration of Foreign Exchange on the day of the crime.

(2) According to paragraph 5 of Article 15 1 of the Criminal Law, if a unit commits this crime, it shall be fined, and the person in charge and other persons who are directly responsible for it shall be punished as a natural person who commits this crime according to the provisions of paragraphs 1 and 4 of this article.

(3) According to the provisions of Article 157 1 of the Criminal Law, whoever provides armed cover for smuggling shall be given a heavier punishment in accordance with the provisions of Articles 1 and 4 of this Article.

(4) According to the second paragraph of Article 157 of the Criminal Law, anyone who resists anti-smuggling by violence or threat shall be punished with the crime of smuggling counterfeit money and the crime of obstructing official duties as stipulated in Article 277 of this Law.

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