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What's the matter with husband and wife being punished for selling high-pressure gas cylinders? Deta

husband and wife of Jiangxi nationality were sentenced to the crime of illegally buying and selling guns for selling high-pressure gas cylinders on the Internet platform. Hu Jing, wife, was sentenced to 13 years in the first instance, and Wang Taiping, husband, was sentenced to 14 years. Let's look at the details of the punishment for the couple's selling of high-pressure gas cylinders.

High pressure gas cylinder is widely used in medical treatment, fire fighting, life saving, diving, aquaculture and other fields of production and life. Hu Jing said that the high-pressure gas cylinder involved in the case was a legitimate product produced by a regular manufacturer and used for a wide range of purposes, not a product specially used for air guns. Up to now, we can still search for products with similar brands and shapes to the 'high-pressure gas cylinders' involved in the case on the e-commerce platform. Why can high-pressure gas cylinders easily bought from the Internet be identified as' gun parts'? Why is the case controversial?

309 gas cylinders were identified as 10 sets of air gun parts. The party concerned: I don't know how to identify them

According to the first trial decision of fan county court, the court found that since July 2017, Hu Jing has sold high-pressure gas cylinders used in air guns through the Internet, and Wang Taiping has been responsible for packing and mailing high-pressure gas cylinders since September 2017. After the crime, its existing wechat records show that Hu Jing sold 26 high-pressure gas cylinders, and Wang Taiping participated in 18. On November 2, 2017, police of fan County Public Security Bureau seized 309 high-pressure gas cylinders on the spot in the house rented by Hu Jing. After identification, the seized gas cylinder is identified as 10 sets of incomplete air gun parts.

At the stage of criminal investigation, Hu Jing was released on bail because he was pregnant and is currently in lactation. Hu Jing said that she and her husband are only middlemen selling 'high-pressure gas cylinders' in wechat business.

Hu Jing: we don't directly contact the manufacturer. I don't know where to get this gas cylinder. Because I also take the goods from the group. As long as you ask in the group, he will sell them to you, and then he will pay him to deliver the goods. It's so simple. No one knows who.

Hu Jing told voice of China that she started to work in this industry in early 2017. They sell high-pressure gas cylinders with licensing, which are widely used, such as aquarium breeding, ship life saving, etc., which are not special parts for air guns or necessary parts at all.

Hu Jing: maybe you can get to know it on Taobao. There are still some. So I can't understand how selling gas cylinders has become a gun accessory. I haven't sold 309 gas cylinders, which have been kept in the warehouse. I don't know how they identified 10 sets of air gun parts.

There are also some parties involved in the seizure of articles, such as the sight, muffler, etc.: it can be used on toys only for wechat business

According to the search record and list of seized items presented during the court cross examination, the police also searched the houses rented by Hu Jing and Wang Taiping for infrared transmitters, sight glasses, high-pressure gas cylinders, clips, silencers and other items. However, except for the high-pressure gas cylinders, the judgment did not show the nature of these items. Hu Jing said: 'if we use the sight, we have no direct purpose for this gun. First, we don't know guns, and we don't know what parts they have. We just do wechat business, and think it's widely used. For example, the sight can also be installed on the CS of the real person in the entertainment place, on toys, and on the toy air gun that plays balloons in the entertainment place. '

The picture shows Hu Jing providing the sight he sold

The reporter noted that in addition to Hu Jing and Wang Taiping's husband and wife, there are three defendants in this case, Zhang Du, Wang Guang and Wang. According to the verdict, one of the defendants, Zhang Du, has sold gun parts and lead bombs several times, according to the records of Alipay and WeChat, and recorded the inflator and the sighting mirror with Hu Jing. Wang Mou bought some gun accessories at Zhang Du. According to the identification of Puyang Public Security Bureau, it is confirmed that one air gun was seized in a certain residence of Zhang Du and two air guns were seized in a certain place of Wang, all of which are regarded as guns powered by compressed gas. According to the confession of Wang guangmou, one of the defendants, there are similar transactions between Wang guangmou and Hu Jing.

Defendant's attorney: according to this standard, the gas cylinder manufacturer is an arsenal!

According to Xu Xin, Hu Jing's lawyer, the gas cylinders involved in the case are not legal air gun parts, and they do not have the same function as proprietary parts. The logic of the original judgment that the gas cylinder is equal to the gun is that the gas cylinder is an air gun part, and 30 air gun parts are equal to one gun.

Xu Xin: 'the high-pressure gas cylinders they sell are very common in the market. They have many industrial uses, not special accessories for guns. So according to such a conviction, many people will be arrested. The manufacturer of gas cylinders is the arsenal. '

Judgment

Xu Xin also told voice of China that the original judicial interpretation of using "non complete set of gun parts for every 30 pieces as a complete set of gun parts" was wrong, and the standard of 30 pieces equal to one set was applied, provided that the gas cylinder involved in the case belongs to "gun parts". He also said that there was no scientific basis for the relevant appraisal opinions involved in the case, the appraisal opinions did not specify the specific inspection methods, the inspection process, the specific inspection data, and the key muzzle energy ratio was not mentioned.

Xu Xin said: 'there is no specific data on the specific kinetic energy of the muzzle of the so-called assembled guns. There are also many problems in its identification, and there is a lot of space for defense in terms of evidence. The behaviors of Hu Jing and Wang Taiping involved in the case do not have criminal intent and do not cause social harm. And if they go to jail, their three children will not get better care. '

Similar high-pressure gas cylinders are still on sale on the Internet

On November 26, the voice of China reporter searched the keyword "high pressure cylinder" on an e-commerce platform, and still found a large number of products similar to the cylinders involved in the case. Hu Jing identified them and said that they also included the cylinders she had sold and caused the case. The reporter checked the criminal appeal of Hu Jing and Wang Taiping, both of which mentioned that the high-pressure gas cylinder is not a gun accessory specially used for air gun. If the behavior of the appellant constitutes a crime, the seller, manufacturer and their employees of all e-commerce platforms should also constitute a crime. In addition, the appeal also states that the first trial decision is only based on the theory of amount, which violates the latest judicial interpretation and the sentence is significantly disproportionate. '

In view of this case, Qiao Feng, a lawyer who has represented gun cases for many times, said: 'according to the first trial decision, there is a lack of necessary conditions in terms of facts and legal basis. It is a violation of the supreme law and the judicial interpretation of the Ministry of public security to expand the gun parts to any parts that can be used on a gun, rather than to limit them to the main parts that have been expressly stipulated in the supreme law. '

Jointly issued by the two high schools at the beginning of this year: avoid mechanical law enforcement and comprehensively evaluate social harm

In March this year, the Supreme People's Procuratorate and the supreme law jointly issued the reply on the conviction and sentencing of criminal cases involving guns and air guns and lead bombs powered by compressed gas. It is stipulated that the social harmfulness should be comprehensively evaluated according to the case situation, the subjective and objective unity should be adhered to, and the criminal responsibility and punishment should be compatible. According to the authoritative interpretation published on the official website of the Supreme People's Procuratorate, we should understand the reply mainly in two aspects: first, to avoid the phenomenon of mechanical law enforcement in practice. Second, comprehensive evaluation of social harm. 'if the perpetrator cannot be determined to know subjectively that the articles involved in the case are guns, it shall not be deemed as a crime. '

The reporter contacted fan county court and fan County Public Security Bureau through the Publicity Department of Puyang Municipal Party Committee on the relevant issues involved in the case. Fan county did not give a positive response.