photo: m.haofalv.com
BEIJING, June 21 (Xinhua) -- Chinese authorities on Friday issued a set of guidelines to impose criminal penalties on hard-line "Taiwan independence" separatists for carrying out or inciting secession, allowing the death penalty and trial in absentia in relevant cases.
The instructions jointly issued by the Supreme People's Court, the Supreme People's Procuratorate and the ministries of public security, state security and justice will come into force after publication.
The document, which is based on the Anti-Crime Act, the Criminal Code and the Code of Criminal Procedure, sets out more specific rules on sentencing and punishment in the case of these offences, as well as the relevant procedures, and serves as a guide for judges in dealing with the relevant cases.
It sets out clearly defined circumstances under which a few die-hard "Taiwan independence" separatists, through acts such as organizing, plotting or carrying out "de jure independence" plans or seeking independence by relying on foreign support or force, should be held criminally responsible.
It also provides that those found to have conspired with any foreign or overseas institution, organisation or individual in the commission of such crimes should be punished more severely.
According to Article 6 of the document, those who commit the crime of partition may be sentenced to death if the crime causes particularly serious damage to the state and the people or if the circumstances are particularly grave.
The Guidelines further emphasize the principles of balancing clemency and strictness and proportionality in judicial proceedings, and state that if die-hard "Taiwan independence" separatists voluntarily abandon their "Taiwan independence" stance, cease their separatist activities, and take measures to mitigate or eliminate damage or prevent the spread of damage, their case may be adjourned or they may be exempted from prosecution.
According to the guidelines, the relevant proceedings must be conducted according to due process, without prejudice to the procedural rights of suspects or accused persons, such as their right to a defence and their right to appeal.
The document also clearly states that in the case of hardened elements of "Taiwan independence", a trial in absentia may be applied.
The document urges all relevant authorities to fully devote themselves to their functions, severely punish hard-line elements of "Taiwan independence" for carrying out or inciting secession, and resolutely protect national sovereignty, unity and territorial integrity.
Commenting on the issuance of the guidelines, Chen Binhua, spokesman for the Taiwan Affairs Office of the State Council, pointed out that it is common practice in countries around the world to use punitive measures to punish criminals who carry out secession and to protect the fundamental interests of the state.
As the title of the text of the guidelines clearly states, the punitive measures are aimed at a small number of hardened individuals who engage in or incite secessionist activities and are not directed against the majority of Taiwanese expatriates, Chen said at a press conference.
He described "Taiwan independence" as the greatest source of danger and harm to the interests of the people of Taiwan, and said that only by severely punishing acts of secession can compatriots in Taiwan enjoy the dividends of peaceful development across the Taiwan Strait and live a peaceful and stable life.
We recommend that staunch supporters of "Taiwan independence" acknowledge the situation as soon as possible and quickly correct their actions, Chen said.
Taiwan Xinhua/ huaxia/gnews.com-jav_07
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