The crime of illegal possession and possession of guns and ammunition refers to the act of misappropriating and hiding guns and ammunition without permission and refusing to hand them over in violation of the regulations on gun control.
Standards for filing judicial interpretation:
Whoever, in violation of the regulations on the control of firearms, illegally holds or conceals firearms and ammunition in any of the following circumstances shall file a case for prosecution:
(a) illegal possession and possession of more than one military gun;
(2) Illegally holding or hiding one or more non-military guns that fire bullets with gunpowder or two or more other non-military guns that use compressed gas as power;
(3) illegally holding or hiding more than 20 military bullets, more than 1,000 air gun lead bullets or more than 200 other non-military bullets;
(four) illegal possession, possession of grenades, bombs, mines, grenades and other anti-personnel ammunition more than one;
(five) illegal possession and possession of ammunition, resulting in casualties and property losses.
Article 128 of the Criminal Law, whoever illegally holds or hides guns and ammunition in violation of the regulations on gun control, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 33 of the Criminal Procedure Law: A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Article 36 of the Criminal Procedure Law: Defence lawyers may provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.