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（2019Year4month8The Judicial Committee of the Supreme People's Court of Japan1765meetings,2019Year6month28Adopted at the 20th meeting of the 13th Procuratorial Committee of the Supreme People’s Procuratorate of Japan，Since2019Year9month4)

To punish cheating in organized examinations according to law、Illegal sale、Provide test questions、Answer、Substitute examination and other crimes，Maintain exam fairness and order，According to the provisions of the "Criminal Law of the People's Republic of China" and the "Criminal Procedure Law of the People's Republic of China"，Some issues concerning the applicable laws in handling such criminal cases are explained as follows:

m88 best betting website  Stipulated in Article 284-1 of the Criminal Law“National examinations prescribed by law”，Limited to examinations prescribed by laws enacted by the National People’s Congress and its Standing Committee。

According to relevant legal provisions, the following exams are“National examinations prescribed by law”：

(1) General College Admissions Examination、Graduate Admissions Examination、Higher Education Self-Study Examination、National education examinations such as adult college admissions examinations;

(2) Central and local civil servant recruitment examination;

(3) National Unified Legal Professional Qualification Examination、National Teacher Qualification Examination、National Unified Certified Public Accountant Examination、Accounting Professional and Technical Qualification Examination、Asset Appraiser Qualification Examination、Medical Qualification Examination、Licensing m88 online sports bettingPharmacist Professional Qualification Examination、Registered Architect Examination、Construction Engineer Qualification Examination and other professional technical qualification examinations;

(4) Other national examinations organized by the central or local competent departments and industries in accordance with the law。

Special types of admissions involving the examinations specified in the preceding paragraph、Special skills test、Interviews and other exams，Belongs to“National examinations prescribed by law”。

Article 2  In the national examination prescribed by law，Organizational cheating，Having one of the following situations，Should be determined as stipulated in the first paragraph of Article 284-1 of the Criminal Law“Serious circumstances”：

(1) Admissions examination in ordinary colleges and universities、Graduate Admissions Examination、Organizing cheating in the civil service recruitment examination;

(2) Resulting in postponement of the exam、Canceling or enabling backup test questions;

(3) Examination staff organizes cheating in examinations;

(4) Organizing candidates to travel across provinces、Autonomous Region、Cheat in municipalities;

(5) Organizing cheating on exams many times;

(6) Organizing more than 30 people to cheat;

(7) Providing more than fifty pieces of cheating equipment;

(8) Illegal income of more than 300,000 yuan;

(9) Other serious situations.

Article 3  Safety management measures to avoid or break through the examination room to prevent cheating，Get、Record、Tools、Receive、Storage exam questions、A program with answers and other functions、Tools，And programs specifically designed to cheat、Tools，Should be determined as stipulated in the second paragraph of Article 284-1 of the Criminal Law“Cheating equipment”。

As to whether it falls within the provisions of paragraph 2 of Article 284-1 of the Criminal Law“Cheating equipment”Undeterminable，Based on the report issued by the public security agency or examination authority at or above the provincial level，Combined with other evidence to make a determination; involving special spy equipment、Eavesdropping、Special equipment for stealing photos、“Pseudo base station”and other equipment shall be identified in accordance with relevant regulations.

Article 4  Organized cheating in exams and was caught before the exam started,But the exam questions have been obtained illegally、Answers or other circumstances that seriously disrupt the order of the exam，Should be deemed as a crime of cheating in organized examinations。

Article 5  To commit cheating in exams，Illegal sale or provision of test questions for national examinations stipulated by law、Answer，Having one of the following situations，Should be recognized as criminal law         As stipulated in paragraph 3 of Article 284-1“Serious circumstances”：

(1) Illegally selling or providing general college admissions exams、Graduate Admissions Examination、Civil Service Recruitment Examination Questions、Answer;

(2) Resulting in postponement of the exam、Cancel or enable backup test questions;

(3) Examination staff illegally sell or provide test questions、Answer;

(4) Illegal selling or providing test questions and answers multiple times;

(5) Illegally selling or providing test questions to more than 30 people、Answer;

(6) Illegal income of more than 300,000 yuan;

(7) Other serious circumstances.

Article 6  To commit cheating in exams，Illegally selling or providing test questions for national examinations prescribed by law to others、Answer，The test questions are incomplete or the answers are not completely consistent with the standard answers，Does not affect illegal sales、Provide test questions、Determination of answer crime。

Article 7  Replacing others or letting others take the national examinations prescribed by law，Should be in accordance with the provisions of paragraph 4 of Article 284-1 of the Criminal Law，Convicted and punished for the crime of substitution of examination。

The perpetrator’s crime is relatively minor，Repentant indeed，Comprehensive consideration of factors such as the perpetrator’s taking the exam and the type of exam，Those considered to be eligible for probation，A suspended sentence may be issued; the crime is minor，You may not be prosecuted or exempted from criminal punishment; the circumstances are obvious and minor and the harm is not serious，Not punished as a crime。

Article 8  The unit implements cheating in organized examinations、Illegal sale、Provide test questions、Answer and other behaviors，Corresponding conviction and sentencing standards stipulated in this interpretation，Pursuing the organizers to account、Planner、Criminal responsibility of the perpetrator。

Article 9  To steal、Prying、Illegal acquisition of test questions for national examinations stipulated by law through bribery methods、Answer，Organize cheating in exams or illegal sales、Provide test questions、Answer，Comply with the provisions of Article 282 of the Criminal Law m88 best betting websiteand Article 284-1 of the Criminal Law respectively，For the crime of illegally obtaining state secrets and organizing cheating in exams or illegally selling、Provide test questions、Answer: Multiple crimes and concurrent punishment。

Article 10  In examinations other than the national examinations prescribed by law，Organizational cheating，Provide cheating equipment or other help for others to organize cheating，Or illegal sale、Provide test questions、Answer，Conforms to the crime of illegally obtaining state secrets、Illegal production、Sales eavesdropping、The crime of using special equipment to steal photos、Illegal use of eavesdropping、The crime of using special equipment to steal photos、Crime of illegal use of information network、The crime of disrupting radio communication management order and other criminal elements，Pursuing criminal responsibility according to law。

Article 11  Set up a website for exam cheating、Communication group or post information about exam cheating，Serious circumstances，Should be in accordance with the provisions of Article 287-1 of the Criminal Law，Convicted and punished for the crime of illegal use of information network; it also constitutes the crime of cheating in organized examinations、Illegal sale、Provide test questions、Answer Sin、Illegal acquisition of state secrets and other crimes，Conviction and punishment according to the provisions of heavier punishment。

Article 12  Those who have been sentenced for committing crimes stipulated in this interpretation，Can be based on the crime situation and the need to prevent re-offending，Declared occupational ban according to law; sentenced to control、Declared suspended，Can be based on the crime situation，Declaration of prohibition order in accordance with the law。

Article 13  For those who commit acts stipulated in this interpretation to constitute a crime，The harm of the crime should be comprehensively considered、The amount of illegal income and the defendant’s criminal record、Attitude of confession, repentance, etc.，A fine in accordance with the law。

Article 14  This explanation comes from2019Year9month4Effective from today.