1. If the illegal production and operation of fireworks and related acts involve the illegal manufacture, sale, transportation, mailing and storage of black powder and initiating explosive devices, which constitutes the crime of illegal manufacture, sale, transportation, mailing and storage of explosives, they shall be convicted and punished in accordance with the provisions of Article 125 of the Criminal Law; Illegal production and operation of fireworks and firecrackers, and related acts of producing and selling fake and inferior products or products that do not meet safety standards constitute the crime of producing and selling fake and inferior products or products that do not meet safety standards, and shall be convicted and punished in accordance with the provisions of Articles 140 and 146 of the Criminal Law; If the illegal production and operation of fireworks and firecrackers and related acts constitute the crime of illegal operation, they shall be convicted and punished in accordance with the provisions of Article 225 of the Criminal Law.
The criteria for conviction, sentencing, filing and prosecution of the above-mentioned illegal production and operation of fireworks and firecrackers are in accordance with the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Manufacturing, Trading and Transportation of Firearms, Ammunition and Explosives (Fa Shi [2009]18) and the Interpretation of the Supreme People's Procuratorate. Opinions of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Producing and Selling Fake and Inferior Commodities (Fa Shi [2006] No.5438+0)No. 18), Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for the Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (I) (GZZ [2008] No.36), the Supreme People's Procuratorate and the Ministry of Public Security on Jurisdiction of Criminal Cases
23) and other relevant regulations.
Second, if the relevant administrative law enforcement departments find a suspected crime and need to be investigated for criminal responsibility according to law in the process of investigating and handling cases of illegal production and operation of fireworks and firecrackers, they shall transfer it to the public security organs in accordance with the Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs (the State Council Decree No.310) and cooperate with the public security organs to do a good job in filing and investigating.
The public security organ shall examine the suspected criminal cases transferred by the relevant administrative law enforcement departments according to law, and if it considers that there are criminal facts and it is necessary to investigate criminal responsibility, it shall file a case according to law and notify the department that transferred the case in writing; If it is considered unnecessary to pursue criminal responsibility, it shall explain the reasons and notify the department that transferred the case in writing. If the public security organ finds that the illegal production and operation of fireworks and firecrackers is suspected of a crime of public security management, it shall file a case for investigation according to law.
Third, if the above-mentioned suspected criminal cases submitted by the public security organs for approval of arrest and transfer for examination and prosecution meet the statutory conditions for arrest and prosecution, the procuratorial organs shall arrest and prosecute according to law; It is necessary to strengthen the supervision of cases transferred for filing, and timely supervise cases that should be transferred but not transferred, and cases that should be filed but not filed.
The people's court shall, in accordance with the principle of combining leniency with severity, try the above-mentioned suspected criminal cases quickly according to law, and impose heavier punishment on those who constitute several crimes or violate the law for many times; The people's court at a higher level shall strengthen the guidance for the trial work of the people's court at a lower level, and ensure the timely trial according to law. We must adhere to the principle of "taking facts as the basis and taking law as the criterion", strictly control the facts, evidence, procedures and applicable laws of the case, and earnestly ensure that the facts are clear, the evidence is conclusive, the nature is accurate and the sentence is appropriate. People's courts, people's procuratorates, public security organs and production safety supervision and management departments should actively communicate and cooperate, give full play to the function of linkage mechanism, increase publicity on the investigation and punishment of related criminal cases, give full play to the deterrent effect of criminal trials and punishments, and educate the masses to consciously resist and expose related illegal and criminal activities.