Legally Handling the Illegal Sale, Storage, Transportation or Discharge of Fireworks and Firecrackers and Other Acts

 2018-06-19  63


· Document Number:No. 139 [2013] of the Beijing Municipal Public Security Bureau

· Area of Law: Legislative Affairs

· Level of Authority: Local Judicial Documents

· Date issued:02-06-2013

· Effective Date:02-06-2013

· Status: Effective

· Issuing Authority: Beijing Municipal Public Security Bureau Higher People's Court of Beijing Municipality

 

Opinions of the Beijing Municipal Public Security Bureau and the Beijing Municipal Higher People's Court on Legally Handling the Illegal Sale, Storage, Transportation or Discharge of Fireworks and Firecrackers and Other Acts
(No. 139 [2013] of the Beijing Municipal Public Security Bureau)
Article 1 Where an individual or an entity sells fireworks and firecrackers without a permit, or stores or transports fireworks and firecrackers for the purpose of sale, and falls under any of the following circumstances, the Beijing Fireworks and Firecrackers Association shall issue a certificate to identify the amount of the illegal business operation, and the offender shall be subject to criminal liability for the crime of illegal business operations if the provisions of Article 225 of the Criminal Law have been met:
(1) The amount of the individual's illegal business operation is 50,000 yuan or more, or the amount of the individual's illegal gains is 10,000 yuan or more.
(2) The amount of the entity's illegal business operation is 500,000 yuan or more, or the amount of the entity's illegal gains is 100,000 yuan or more.
(3) Although the aforesaid quantitative standards have not been reached, the individual or entity has been given two or more administrative penalties in the last two years for the same kind of illegal acts, yet conducts the same kind of illegal business operation again.
(4) There are other serious circumstances.
Article 2 Where an individual or an entity sells fireworks and firecrackers without a permit, or stores or transports for the purpose of sale the fireworks and firecrackers prohibited from sale by this Municipality, has caused serious consequences although the quantitative standards for illegal business operations prescribed in Article 1 have not been reached, and the fireworks and firecrackers are identified as not in conformity with the safety standards, the offender shall be subject to criminal liability for the crime of selling products not in conformity with safety standards if the provisions of Article 146 of the Criminal Law have been met.
Article 3 Where an individual or an entity violates the provisions on safety management of fireworks and firecrackers, and causes any major accident in storing, transporting or discharging fireworks and firecrackers which results in serious consequences, the offender shall be subject to criminal liability respectively for the crime of causing an accident with dangerous substances, the crime of negligently causing the death of another person, or the crime of negligently causing serious injury to another person if the provisions of Article 136, 233 or 235 of the Criminal Law have been met.