Judicial explanation clarifies application of law on terrorism

China has issued a judicial explanation to clarify application of criminal law on terrorism.

The document, which was issued to all the provincial judicial and prosecuting apparatus and public security authorities, was jointly formulated by the Supreme People's Court (SPC), the Supreme People's Procuratorate (SPP) and the Ministry of Public Security (MPS) on Sept. 9 but only published on Sunday on the MPS website.

It said handling of the cases should be strictly based on facts, without discrimination and under the principle of tempering justice with mercy.

Principal criminals, backbones and felonry involved in organizing, plotting, or carrying out violent, terrorist activities will receive more severe punishments.

The document also urged authorities to differentiate normal religious activities from religious extremism and terrorism, and protect freedom of religion.

It laid out in detail how crimes such as "organizing, leading and participating in terrorist organizations", "inciting secession" and "funding terrorism" should be applied to suspects.

Aside from bombing, killing, hijacking and arson with or without specific targets, those found to have started terrorist organizations or training camps, recruited new members, or indoctrinated others with religious extremism for the purpose of terror will be convicted of "organizing, leading and participating terrorist organizations".

Making and showing banners and other material of religious extremism will be criminalized.

Those who take part in a terrorist organization, receive terrorist training and plot border crossings for terrorism will be convicted of "participating in terrorist organizations."

Publishing and distributing books, audio and video products and other materials that contain religious extremism and terror content will be convicted of "inciting secession".

"Inciting secession" also applies to disseminating religious extremism via websites, email and instant messaging applications, through mobile phones, electronic reading devices or other storage media.

Knowingly funding terrorism or providing terrorists with vehicles, weapons, or other equipment will be found guilty of "funding terrorism."

Those faking rumors about bomb threats, biological attack, radiation,

and other major incidents will be found guilty of "faking and spreading terrorism information".

The document also said that beatings and insults like "religious traitor" and "heretic", if serious, may lead to the conviction for "provoking disorder".

The document is the latest judicial explanation released by the SPC or SPP to clear the legal procedures in dealing with terrorism.

The SPP said earlier this month that prosecutors should fast-track cases involving terrorists, religious extremists and manufacturers of firearms and explosives.