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Criteria for Filing the Crime of Privately Engraving the Official Seal

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Criteria for Filing the Crime of Privately Engraving the Official Seal


        

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  • 2024-06-18 10:00:49

    The crime of privately carving the official seal is an act crime. As long as the actor has committed the act of privately carving the seals of companies, enterprises, institutions and people's organizations, it will constitute a crime in principle and should be investigated.

    Specifically, the following cases shall be filed:

    Forging, altering, buying or selling official documents, certificates, certificates and seals of State organs, people's organizations, enterprises, institutions or other organizations.

    If the lettering industry makes official seals in violation of the administrative provisions, it is an act against the administration of public security. If the official seal is carved, forged or altered privately, it shall be punished as the crime of disturbing public order.

    Legal basis

    Article 280 of the Criminal Law of the People's Republic of China [Crime of forging, altering, buying or selling official documents, certificates and seals of state organs] [Crime of stealing, seizing, destroying official documents, certificates and seals of state organs] Whoever forges, alters, buys or sells or steals, seizes or destroys official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention To control or deprive political rights and impose a fine; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.
    [Crime of forging seals of companies, enterprises, institutions and people's organizations] Whoever forges the seals of companies, enterprises, institutions and people's organizations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined.
    [Crime of forging, altering, buying or selling identity documents] Whoever forges, alters, buys or sells resident identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

    Article 52 of the Law of the People's Republic of China on Administrative Penalties for Public Security, who buys, sells or uses forged or altered official documents, certificates or certificates of state organs, people's organizations, enterprises, institutions or other organizations, may be detained for not less than 10 days but not more than 15 days, and may be fined not more than 1000 yuan.

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