“两高一部”联合印发《关于依法惩治水运物流领域侵犯财产犯罪的指导意见》

Core Viewpoint - The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued guidelines to combat property crimes in the water transport logistics sector, emphasizing the need for strict legal enforcement and comprehensive governance to protect the interests of the public and ensure the safe and efficient operation of inland waterway transport [1][2]. Group 1: Overall Requirements - The guidelines define property crimes in the water transport logistics sector as those occurring during the transportation, loading, storage, and distribution of goods via inland waterways, highlighting their cross-regional, mobile, and concealed nature [5][6]. - The guidelines advocate for a balanced criminal policy, suggesting that the severity of punishment should correspond to the offender's intent, circumstances, and role in the crime, with stricter penalties for organizers and repeat offenders [7]. Group 2: Legal Application - The guidelines specify that illegal possession of goods during transport and storage should be assessed based on whether the offender had actual control over the goods and the methods used to commit the crime [8]. - It is stated that public officials or those managing state-owned assets who illegally appropriate goods during water transport can be prosecuted for embezzlement or misappropriation [8]. Group 3: Evidence Collection - Law enforcement agencies are instructed to enhance evidence collection, focusing on documentation such as shipping logs, transaction records, and communication logs to support investigations [12]. - The guidelines emphasize the importance of thorough evidence review by the judiciary to ensure clarity and sufficiency in criminal cases related to property crimes in the water transport sector [12][13]. Group 4: Long-term Mechanisms - The guidelines call for industry governance, urging judicial bodies to report significant illegal activities to relevant authorities to improve management and prevention measures within the water transport logistics sector [15]. - There is a strong emphasis on legal education and awareness, with a directive for judicial bodies to engage in public legal education to foster a supportive legal environment for high-quality development in water transport logistics [16].