International Criminal Justice Assistance Law of the P.R.C.

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Title: International Criminal Justice Assistance Law of the P.R.C.
Promulgating Entities:Standing Committee of the National People's Congress
Reference number: 
Promulgation Date: 2018-10-26
Expiration date: 
Source of text: http://www.npc.gov.cn/npc/xinwen/2018-10/26/content_2064576.htm

(Adopted by the 6th Session of the Standing Committee of the 13th National People's Congress on October 26, 2018)

Contents

Chapter I: General Provisions

Chapter II: Submission, Receipt, and Handling of Requests for Criminal Justice Assistance

Section 1: Requesting Criminal Justice Assistance from Foreign Nations

Section 2: Requests for Criminal Justice Assistance to the People's Republic of China

Chapter III: Service of Documents

Section 1: Requests to Foreign Nations for Service of Documents

Section 2: Requests to the People's Republic of China for Service of Documents

Chapter IV: Investigation and Collection of Evidence

Section 1: Requests to Foreign Nations for Investigation and Collection of Evidence

Section 2: Requests to the People's Republic of China for Investigation and Collection of Evidence

Chapter V: Arrangements for Witnesses to Testify or Assistance in Investigations

Section 1: Requests to Foreign Nations for Arrangements for Witnesses to Testify or Assistance in Investigations

Section 2: Requests to the People's Republic of China for Arrangements for Witnesses to Testify or Assistance in Investigations

Chapter VI: Sealing, Seizure, or Freezing of Assets Involved in the Case

Section 1: Requests to Foreign Nations for Sealing, Seizure, or Freezing of Assets Involved in the Case

Section 2: Requests to the People's Republic of China for Sealing, Seizure, or Freezing of Assets Involved in the Case

Chapter VII: Confiscation and Recovery of Unlawful Gains and Other Assets Involved in the Case

Section 1: Requests to Foreign Nations for Confiscation and Recovery of Unlawful Gains and Other Assets Involved in the Case

Section 2: Requests to the People's Republic of China for Confiscation and Recovery of Unlawful Gains and Other Assets Involved in the Case

Chapter VIII: Transfer of Convicts

Section 1: Requests for Transfer of Convicts to Foreign Nations

Section 2: Requests for Transfer of Convicts to the People's Republic of China

Chapter IX: Supplementary Provisions

International Criminal Justice Assistance Law of the P.R.C.

Chapter I: General Provisions

Article 1: This law is formulated so as to ensure the normal conduct of our nation's international criminal justice assistance, to strengthen international cooperation in the field of criminal justice, to effectively punish crimes, to protect the lawful rights and interests of individuals and organizations, and to presernve the national interests and public order.

Article 2: International criminal justice assistance as referred to in this law refers to the mutual provision of assistance between the People's Republic of China and foreign nations in the coordination, investigation, prosecution, trial, and enforcement of criminal cases; including service of documents, investigation and collection of evidence, arranging for witnesses to testify, or assisting in investigations, sealing, seizure or freezing of assets involved in the case, and confiscating or returning unlawful gains and other assets involved in the cases, and transferring custody of convicts, and other such assistance.

Article 3: Criminal justice assistance carried out between the People's Republic of China and other nations is to be in accordance with this Law.

Enforcement of requests for criminal justice assistance submitted by foreign nations are to apply this law, the Criminal Procedure Law, and other relevant laws and provisions.

Matters such as the organs that are to sign the request documents, the language used for the request document and all attached materials, and the relevant handling times and specific procedures may be handled in accordance with the provisions of the criminal justice assistance treaties or as agreed by both parties, as long as the basic principles of the laws of the People's Republic of China are not violated.

Article 4: International criminal justice assistance carried out between the People's Republic of China and foreign nations in accordance with the principles of equality and reciprocity.

International criminal justice assistance must not harm the People's Republic of China's sovereignty, security, or societal public interest; and must not violate the basic principles of the laws of the People's Republic of China.

Except upon the consent of the responsible organs of the People's Republic of China, the criminal procedure activities provided for in this law must not be carried out by any foreign body, organization, or individual within the mainland People's Republic of China, and domestic mainland P.R.C. bodies, organizations, and individuals must not provide evidence materials and assistance as provided for in this Law to foreign nations.

Article 5: Criminal justice assistance carried out between the People's Republic of China and foreign nations is to be through contact by the organs for foreign contact.

The People's Republic of China Ministry of Justice and other organs for foreign contact are responsible for submitting, receiving and forwarding requests for criminal justice assistance, and handling other matters related to international criminal justice assistance.

Where there is no treaty on criminal justice assistance between the People's Republic of China and foreign nations, contact is to be through diplomatic channels.

Article 6: The State Supervision Commission, Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security, and other such departments are the responsible organs for carrying out international criminal justice assistance; and are to review requests for criminal justice assistance submitted to foreign nations, investigate and handle requests for criminal justice assistance submitted by foreign nations that are transferred by the organs for foreign contact, take on other work related to international criminal justice assistance in accordance with their duties and division of labor. In cases of transferring convicts, the Ministry of Justice is to take on duties as the competent organ in accordance with its duties and division of labor.

Organs handling cases related to criminal justice assistance are the case-handling organs for international criminal justice assistance, and are responsible for submitting necessary requests for criminal justice assistance, and carrying out requests for criminal justice assistance that are received by the responsible organs to which they belong.

Article 7: The State ensures all necessary funds for carrying out international criminal justice assistance.

Article 8: Where treaties have provisions on costs incurred from the mutual enforcement of criminal justice assistance requests between the People's Republic of China and foreign nations, they are born in accordance with the treaties; where there is no treaty or the treaty has no provisions, it is to be resolved through consultation in accordance with the principles of equity and reciprocity.

Chapter II: Submission, Receipt, and Handling of Requests for Criminal Justice Assistance

Section 1: Requesting Criminal Justice Assistance from Foreign Nations

Article 9: Where case-handling organs need to request judicial assistance for foreign nations, they shall draft a document requesting criminal justice assistance and attach the relevant materials, upon review and approval of the responsible organs, the organs for foreign contact are to promptly submit the requests to the foreign nations.

Article 10: The documents requesting criminal justice assistance from foreign nations shall be submitted in accordance with the provisions of criminal justice assistance treaties; but where there are no treaties or the treaties make no provisions, they may be submitted with reference to the provisions of article 13 of this Law; and where the nation to which a request is being sent has special requirements, submission may be in accordance with the special requirements so long as they are not contrary to the basic principles of the laws of the People's Republic of China.

The request documents and all attached materials shall be drafted in Chinese, and a translation in the official language of the receiving nation is to be attached.

Article 11: Where the nation receiving the request for enforcement of criminal justice assistance submits additional requirements that do not harm the sovereignty, security, and societal public interest of the People's Republic of China, the Ministry of Foreign Affairs may make commitments. Where the receiving nation clearly expresses that the commitments made by the organs for foreign contact are fully valid, the organs for foreign contact may also make commitments. The Supreme People's Procuratorate is to decide upon commitments to restrict prosecutions, and the Supreme People's Court is to decide upon commitments to restrict sentences.

When pursuing the criminal responsibility of perons involved in the case, relevant organs shall be bound by the committments they have made.

Article 12: After the organs for foreign contact have received relevant notice or after enforcement results from foreign nations, they shall promptly transfer them or give notice to the relevant responsible organs.

Where foreign nations request reports on the outcome in litigation of cases in which they provided criminal justice assistance, the organs for foreign contact are to send this to be handled by the relevant responsible organs.

Section 2: Requests for Criminal Justice Assistance to the People's Republic of China

Article 13: Article 13 Where a foreign nation submits a request for criminal justice assistance to the People's Republic of China, it shall submit a request document in accordance with the provisions of criminal judicial assistance treaties. Where there is no treaty or the treaty makes no provisions, the following matters shall be indicated in the request documents and the relevant materials attached:

(1) The name of the requesting organ;

(2) The nature of the case, the basic information on persons involved in the case, and the facts of the crimes;

(3) The legal provisions applied in the case;

(4) The requested matters and their goals;

(5) The relevance of the requests to the case;

(6) The time period in which it is hoped enforcement is made;

(7) Other requests for necessary information or additional requirements.

In situations where there is no criminal justice assistance treaty, the requesting nation shall make commitments of reciprocity.

The request documents and all attached materials shall have a Chinese translation attached.

Article 14: Where requests for criminal justice assistance submitted by foreign nations to the People's Republic of China have any of the following circumstances, the provision of assistance may be refused:

(1) The conduct targeted by the request does not constitute a crime based on the laws of the People's Republic of China;

(2) When the request is accepted, the crime targeted by request is currently being looked into, investigated, prosecuted, tried, or an effective judgment has already been made, criminal procedures have ended, or the period of limitations for prosecuting the crime has already been completed;

(3) The crime targeted by the request is a political crime;

(4) The crime targeted by the request is a purely military offense;

(5) The purpose of the request is based on conducting inquiries, investigation, prosecution, trial, or enforcement of criminal punishments due to race, ethnicity, religion, sex, political views, identity, or other such reasons; or where the parties might be subject to unfair treatment based on these factors;

(6) The requested matters lack a substantive relationship with the case in which assistance is requested;

(7) Other situations where refusal is allowed.

Article 15: Organs for foreign contact receiving requests for criminal justice assistance from foreign nations shall conduct a review of the request documents and all attached materials. Where the form and content of the request documents meet requirements, they shall transfer the request document and all attached materials to be handled by the relevant responsible organs in accordance with their duties and division of labor; and where the form and content of the request documents do not meet requirements, they may request that the requesting nation supplement materials or make a new submission.

Where requests for criminal justice assistance are clearly harmful to the sovereignty, security, or societal public interest of the People's Republic of China, the organs for foreign contact may directly refuse assistance.

Article 16: After the responsible organs receive requests for assistance and the attached materials sent by the organs for foreign contact, they shall conduct a review and handle it in the following distinct ways:

(1) Where they find that assistance may be carried out in accordance with this law and criminal justice assistance treaties, a decision is to be made and implementation by relevant case-handling organs is to be arranged;

(2) Where based on article 4 or 10 of this Law or the provisions of the criminal justice assistance treaty it is found that the assistance shall be refused in whole or in part, the request document and attached materials are to be returned to the foreign contact organs and the reasons explained;

(3) Where there are confidentiality or other additional conditions for carrying out the request, they are to be submitted to the foreign nation through the foreign contact organs, and after the foreign nation accepts the conditions and makes written guarantees, a decision for implementation with conditions is to be made;

(4) Where supplementary materials are required, notify the foreign contact organs in writing requesting that nation making the request provide them within a reasonable period of time.

Where carrying out the request might obstruct inquiries, investigations, prosecutions, trials, or enforcement currently being carried out by relevant organs of the People's Republic of China, the responsible organs may decide to postpone assistance, and notify the organs for foreign contact of the decision to postpone, and its reasons, in writing.

Where foreign nations have confidentiality requirements regarding enforcement of their request or special procedural requirements, the responsible organs may arrange enforcement in accordance with the requests so long as they do not contradict basis principles of the laws of the People's Republic of China.

Article 17: After the case-handling organs receive foreign nations' requests for criminal justice assistance transferred by the responsible organs, they shall carry them out in accordance with law, promptly report on the results of implementation, or circumstances obstructing implementation, to the responsible organs.

During the implementation of requests, case-handling organs shall preserve the lawful rights and interests of parties and other relevant personnel, and protect personal information.

Article 18: Where foreign nations request to use evidence materials obtained through criminal justice assistance for purposes outside of the case that the request targeted, the organs for foreign contact shall transfer this to the responsible organs which will decide whether or not to agree.

Article 19: After the organs for foreign contact have received relevant notice or after enforcement results from the responsible organs, they shall promptly transfer them or give notice to the requesting nation.

In cases where the People's Republic of China has provided criminal justice assistance, the responsible organs may go through the organs for foreign contact to request that the foreign nation inform them of the outcome of proceedings.

Where the foreign nations report the outcome of proceedings, after the organs for foreign contact receive the relevant materials, they shall promptly transfer them or inform the responsible organs, and where they involve criminal proceedings against citizens of the People's Republic of China, they shall also inform the Ministry of Foreign Affairs.

Chapter III: Service of Documents

Section 1: Requests to Foreign Nations for Service of Documents

Article 20: Where case-handling organs need foreign nations to deliver summons, written notices, indictments, judgments, and other judicial documents, they shall draft a document requesting criminal justice assistance and attach the relevant materials, upon review and approval of the responsible organs, the organs for foreign contact are to promptly submit the requests to the foreign nations.

Article 21: Where foreign nations are requested to serve documents, the request document shall indicate the name or title of the recipient of service, the address for service, and relevant rights and obligations of which the recipient needs to be informed.

Section 2: Requests to the People's Republic of China for Service of Documents

Article 22: Foreign nations may request that the People's Republic of China assist in the service of summons, written notices, indictments, judgements, and other judicial documents. The People's Republic of China's assistance in the service of judicial documents does not represent its acknowledgment of the legal effectiveness of the foreign judicial documents.

Where assistance in serving summons to appear in court is requested, it shall be submitted in accordance with the time period provided in relevant treaties. Where there is no treaty or the treaty makes no provisions, it shall be submitted no later than 3 months before trial begins.

For summons requiring that citizens of the People's Republic of China undergo interrogation or appear in court as defendants, the People's Republic of China does not bear an obligation to assist in service.

Article 23: Where foreign nations request that the People's Republic of China serve documents, the request document shall indicate the name or title of the recipient of service, the address for service, and relevant rights and obligations of which the recipient needs to be informed.

Article 24: The people's courts or other case-handling organs responsible for carrying out assistance in serving documents shall promptly go through the competent organ to which they belong to inform the foreign contact organs of the outcome of the implementation; and the foreign contact organs are to inform the requesting nation. Except in situations in which there is no way to make service, a receipt of acknowledgment signed by the person receiving service or other support documents, shall be attached.

Chapter IV: Investigation and Collection of Evidence

Section 1: Requests to Foreign Nations for Investigation and Collection of Evidence

Article 25: Where case-handling organs want to request assistance from foreign nations in investigating and collecting evidence on the following matters, they shall draft a document requesting criminal justice assistance and attach the relevant materials, upon review and approval of the responsible organs, the organs for foreign contact are to promptly submit the requests to the foreign nations:

(1) Finding or identifying relevant personnel;

(2) Inquiring into, or verifying assets or financial account information involved in the case;

(3) Obtaining and providing testimony or statements or relevant personnel;

(4) Obtaining and providing relevant documents, records, electronic data, and items;

(5) Obtaining and providing appraisal opinions;

(6) Examining or inspecting premises, items, persons, or corpses;

(7) searching persons, items, domiciles, and other relevant premises;

(8)Other Matters.

When requesting that foreign nations assist in investigations or collection of evidence, case-handling organs may simultaneously request that send personnel to the scene when the requests are carried out.

Article 26: Where foreign nations are requested to investigate and collect evidence, the request documents and attached materials shall indicated the following matters as needed:

(1) The person being investigated's name, sex, residential address, identification information, and contact information, and other materials conducive to identifying the person being investigated.

(2) Questions that need to be put to the person being investigated;

(3) The name, sex, residential address, identification information, contact information, appearance and behavioral characteristics of persons that need to be found or identified, and other materials conducive to finding or identifying them;

(4) The ownership, location, nature, appearance, quantity, and other specific information on assets involved in the case that need to be inquired into or verified, and information on financial account that need to be inquired into or verified;

(5) the person in possession, location, nature, appearance, quantity, and other specific information on documents, records, electronic data, and items that need to be obtained;

(6) Specific information on objects that an evaluation is needed of;

(7) Specific information on premises or items and so forth that need to be examined or inspected;

(8) Specific information on targets that need to be searched;

(9) Other materials conducive to carrying out the request.

Article 27: Where the nation requests to recover the evidence materials or items it provided, the case-handling organs shall return them as quickly as possible through the foreign contact organs.

Section 2: Requests to the People's Republic of China for Investigation and Collection of Evidence

Article 28: Foreign nations may request that the People's Republic of China assist in investigation and collection of evidence on the matters provided for in the first paragraph of article 25 of this Law.

Where foreign nations request that the People's Republic of China investigate and collect evidence, the request documents and attached materials shall indicate the following matters as provided for in article 26 of this Law.

Article 29: When foreign nations request that the People's Republic of China investigate and collect evidence, they may simultaneously request to send people to be on scene when the request is carried out. Personnel appearing on scene as agreed to shall comply with the laws of the People's Republic of China and comply with the arrangements of the responsible organs and case-handling organs.

Article 30: Where the case-handling organs require that the nation making the request return evidence materials or items they provide, they may be provided where the requesting nation makes assurances.

Chapter V: Arrangements for Witnesses to Testify or Assistance in Investigations

Section 1: Requests to Foreign Nations for Arrangements for Witnesses to Testify or Assistance in Investigations

Article 31: Where case-handling organs need foreign nations to assist in arranging for witnesses or evaluators to come to the People's Republic of China to testify or testify through video or audio, or assist in investigation, they shall draft a document requesting criminal justice assistance and attach the relevant materials, upon review and approval of the responsible organs, the organs for foreign contact are to promptly submit the requests to the foreign nations:

Article 32: Where foreign nations are requested to arrange for witnesses or evaluators to testify or assist in investigation, the request documents and attached materials shall indicate the following matters as needed:

(1) The witness or evaluator's name, sex, residential address, identification information, and contact information, and other materials conducive to identifying the witness or evaluator;

(2) The goal, necessity, time, and place for the testimony or assistance in investigating;

(3) The rights and obligations of the witnesses or evaluators;

(4) Protective measures for the witnesses or evaluators;

(5) Compensation for the witnesses or evaluators;

(6) Other materials conducive to carrying out the request.

Article 33: Before witnesses or evaluators who come to the People's Republic of China to testify or assist in investigations leave the territory, they are not to be prosecuted for crimes they committed before they entered the mainland; and their physical liberty is not to be restricted except where after entering the mainland territory they carried out violations or crimes and had compulsory measures employed.

Where witnesses and evaluators do not leave the mainland territory within 15 days of the time period provided in treaties or of being informed there is no need to continue their stay, the provisions of the preceding paragraph are no longer applied, except where they are unable to leave due to force majeure or other special situations.

Article 34: Case-handling organs shall give compensation to witnesses and evaluators who come to the People's Republic of China to testify or assist in investigations in accordance with law.

Article 35: Where witnesses or evaluators coming to the People's Republic of China to testify or assist in investigations are detained persons, the organs for foreign contact together with the responsible organs, are to reach an agreement with the foreign nation on matters related to the transfer or the person in custody in advance.

The responsible organs and case-handling organs shall comply with the content of the agreement, and place the transferred persons in detention, and promptly send them back to the nation of which the request was made when the testimony or assistance in investigating concludes.

Section 2: Requests to the People's Republic of China for Arrangements for Witnesses to Testify or Assistance in Investigations

Article 36: Foreign nations may reuqest that the People's Republic of China assist in arranging for witnesses or evaluators to go abroad to testify , testify via video or audio, or assist in investigations.

Where foreign nations request that the People's Republic of China arrange for witnesses or evaluators to testify or assist in investigation, the request documents and attached materials shall indicate the matters provided for in article 32 of this Law.

The requesting nation shall make written assurances concerning the content provided for in paragraph 1 of article 33 of this Law.

Article 37: Where witnesses or evalautors consent in writing to testify or assist in investigations, the case-handling organs shall promptly go through the responsible organs to which they belong to inform the foreign contact organs of the witnesses' or evaluators' willingness, requirements, and conditions, and the foreign contact organs are to notify the requesting nation.

Where arranging for witnesses or evaluators to testify by video or audio, the responsible organs or case-handling organs shall send personnel to be present, and where they discover situations that are harmful to the sovereignty, security, or societal public interest of the People's Republic of China, or that are contrary to the basic principles of laws of the People's Republic of China, they shall promptly stop them.

Article 38: Where foreign nations request the transfer of detained persons abroad to testify or assist in investigations, and ensure that they will promptly return the detained person after the testimony or assistance with investigations, the foreign contact organs shall solicit the opinions of the responsible organs and the detained person. Where the responsible organs and the detained person both agree to going abroad to testify or assist in investigations, the organs for foreign contact together with the responsible organs, are to reach an agreement with the foreign nation on matters related to the transfer or the person in custody in advance.

The period in which the detained persons are detained abroad shall be deducted from the criminal sentence they have been given in the People's Republic of China.

Chapter VI: Sealing, Seizure, or Freezing of Assets Involved in the Case

Section 1: Requests to Foreign Nations for Sealing, Seizure, or Freezing of Assets Involved in the Case

Article 39:Where case-handling organs need foreign nations to assist in the sealing, seizure, or freezing of assets involved in a case, they shall draft a document requesting criminal justice assistance and attach the relevant materials, upon review and approval of the responsible organs, the organs for foreign contact are to promptly submit the requests to the foreign nations.

Where foreign nations have special conditions regarding requests for assistance in enforcing the People's Republic of China's sealing, seizure, or freezing of assets involved in a case,, the responsible organs may agree so long as they do not contradict basis principles of the laws of the People's Republic of China. Where judicial organs need to make a decision, the people's courts are to make it.

Article 40:Where foreign nations are requested to seal, seize or freeze assets related to the case, the request documents and attached materials shall indicated the following matters as needed:

(1) Proof of ownership, title, nature, appearance, quantity, and so forth of the assets involved in the case that need to be sealed, seized or frozen;

(2) The location of the assets involved in the case that need to be sealed, seized or frozen. Where funds or other financial products are stored in financial institutions, the name, address, and account information for the financial instititutions shall be indicated;

(3) Copies of relevant legal documents;

(4) Legal provisions related to sealing, seizure, and freezing, as well as stakeholders' rights protections;

(5) Other materials conducive to carrying out the request.

Article 41: When the period for sealing, seizing, or freezing determined by the foreign nation is complete, but the case-handling organs need the foreign nation to continue to seal, seize or freeze the relevant assets involved in the case, they shall submit another request to the foreign nation.

Where the case-handling organs decide to remove sealing, seizure, or freezing, they shall promptly inform the nation to which the request was made.

Section 2: Requests to the People's Republic of China for Sealing, Seizure, or Freezing of Assets Involved in the Case

Article 42: Foreign nations may request that the People's Republic of China assist in sealing, seizing, or freezing assets involved with the case that are in the mainland territory of the People's Republic of China.

Where foreign nations are requested to seal, seize or freeze assets related to the case, the request documents and attached materials shall indicate the matters provided for in article 40 of this Law.

Article 43:Where responsible organs find on review that the following conditions are met, they may agree to seal, seize or freeze assets related to a case, and arrange for implementation by relevant case-handling organs:

(1) The sealing, seizure, or freezing meets the requirements provided for in the laws of the People's Republic of China;

(2) The sealing, seizure, or freezing of assets related to the case are related to the inquiry, investigation, prosecution, or trial activities of the requesting country;

(3) The assets involved in the case may be sealed, seized, or frozen;

(4) Carrying out the request does not impact the lawful rights and interests of stakeholders;

(5) Carrying out the request would not impact inquiries, investigations, prosecutions, trials, or enforcement activities by the relevant organs of the People's Republic of China.

The case-handling organs shall promptly go through the responsible organs to inform the foreign contact organs; and the foreign contact organs are to inform the requesting nation of the outcome of the sealing, seizure, or freezing. When necessary, the case-handling organs may lawfully employ measures to dispose of assets involved in the case that have been sealed, seized, or frozen.

Article 44:When the period for sealing, seizing, or freezing is complete, but the foreign nation needs to continue to seal, seize or freeze the relevant assets involved in the case, they shall submit another request to the organs for foreign contact.

Where the foreign nation decides to lift the seal, seizure, or freezing, the foreign contact organs shall go through the responsible organs to inform the case-handling organs to promptly lift it.

Article 45:Where stakeholders object to the sealing, seizure, or freezing, and upon review the case-handling organs find that the sealing, seizure, or freezing does not meet the requirements of article 43 paragraph 1 of this Law, they shall request that the responsible organs make a decision to life the sealing, seizure, or freezing, and notify the organs for foreign contact; the foreign contact organs are to inform the requesting nation; where objections are raised to the handling of the case, the case-handling organs may transfer them to the foreign contact organs through the responsible organs to which they belong, and the foreign contact organ will submit them to the requesting nation.

Article 46:Where the sealing, seizure, or freezing is improper for reasons due to the requesting country, and harms is caused to the lawful rights and interests of the stakeholders, the case-handling organs may go through the foreign contact organs to request that the requesting countries bear responsibility for compensation.

Chapter VII: Confiscation and Recovery of Unlawful Gains and Other Assets Involved in the Case

Section 1: Requests to Foreign Nations for Confiscation and Recovery of Unlawful Gains and Other Assets Involved in the Case

Article 47:Where case-handling organs need to request that foreign nations confiscate or recover unlawful gains and other assets involved in a case, they shall draft a document requesting criminal justice assistance and attach the relevant materials, upon review and approval of the responsible organs, the organs for foreign contact are to promptly submit the requests to the foreign nations.

Where requesting a foreign nation return unlawful gains and other assets related to a case to the People's Republic of China or return them to victims, it may be submitted at the same time as a confiscation request to the foreign nation, and may also be submitted independently.

Where foreign nations have special conditions regarding requests for returning unlawful gains that have been sealed, seized, or frozen in a case, the responsible organs may agree so long as they do not contradict basis principles of the laws of the People's Republic of China. Where judicial organs need to make a decision, the people's courts are to make the decision.

Article 48:Where foreign nations are requested to confiscate or recover unlawful gains or other assets involved in a case, the request documents and attached materials shall indicated the following matters as needed:

(1) The name, nature, appearance, and quantity of the unlawful gains or other assets involved in the case that need to be confiscated or recovered;

(2) The location of the unlawful gains or other assets involved in the case that need to be confiscated or recovered; Where funds or other financial products are stored in financial institutions, the name, address, and account information for the financial institutions shall be indicated;

(3) The reasons for confiscation or recover and relevant proof of ownership;

(4) Copies of relevant legal documents;

(5) Legal provisions related to confiscation or recovery as well as stakeholders' rights protections;

(6) Other materials conducive to carrying out the request.

Article 49: Where foreign nations assist in the confiscation or recovery of unlawful gains and other assets involved in a case, the organs for foreign contact, in conjunction with the responsible organs, are to consult with the foreign nation on issues related to the transfer of the assets.

In requests for foreign nations to confiscate or recover unlawful gains or other assets involved in a case where a foreign nation submits a request for sharing, the amounts and proportions for sharing are to be decided upon through consultation with the foreign nation by the foreign contact organs together with the responsible organs.

Section 2: Requests to the People's Republic of China for Confiscation and Recovery of Unlawful Gains and Other Assets Involved in the Case

Article 50:Foreign Nations may request that the People's Republic of China assist in the confiscation and recovery of unlawful gains and other assets involved in the case。

Where foreign nations request that the People's Republic of China confiscate or recover unlawful gains or other assets related to a case, the request documents and attached materials shall indicate the matters provided for in article 48 of this Law.

Article 51:Where upon review, the competent authorities find that the following conditions are met, they may agree to assist in the confiscation of unlawful gains and other assets involved in the case, and arrange for the case-handling organs to implement it:

(1) The confiscation of unlawful gains and other assets involved in the case meets the requirements provided for in the laws of the People's Republic of China;

(2) The foreign nation fully safeguards the relevant rights of the stakeholders;

(3) The are assets in the People's Republic of China that may be enforced against;

(4) the request document and attached materials describe in detail the ownership, name, nature, appearance, quantity, and other information about the targeted assets;

(5) The confiscation cannot be carried out, or cannot be fully carried out, in the requesting country ;

(6) other requests that the responsible organs find shall be satisfied.

Article 52:Where foreign nations requesting assistance in the confiscation of unlawful gains and other assets involved in a case have any of the following circumstances, the provision of assistance may be refused and the the reasons explained:

(1) the People's Republic of China or a third nation's judicial organs have already made an effective ruling on the targeted assets, and have already completed enforcement or are currently enforcing it;

(2) The assets targeted by the request do not exist, have already been destroyed, lost, or have already been transferred so that there is no way to enforce them, except where it is requested that the assets following a sale or transfer be confiscated;

(3) The persons that the request targets have unpaid debts or unsettled litigation in the People's Republic of China;

(4) Other situations where refusal is allowed.

Article 53:Where foreign nations requesting the recovery of unlawful gains or other assets involved in a case can provide credible and sufficient evidence, and upon review the responsible organs find that the requirements of the Laws of the People's Republic of China are met, they may agree to arrange for implementation by the relevant case-handling organs. Before recovery, the case-handling organs may deduct reasonable costs incurred in implementation of the request.

Article 54:Where foreign nations request assistance in the confiscation or recovery of unlawful gains and other assets involved in a case, a request for sharing may be submitted by the organs for foreign contact in conjunction with the responsible organs. The amounts and proportions for sharing are to be determined through consultation between the foreign contact organs, in conjunction with the responsible organs and the foreign nation.

Chapter VIII: Transfer of Convicts

Section 1: Requests for Transfer of Convicts to Foreign Nations

Article 55:Foreign nations may request that the People's Republic of China transfer foreign convicts, and the People's Republic of China may request to transfer convicts who are foreign nationals.

Article 56:Requests transfer convicts to foreign nations shall meet the following requirements:

(1) The convict is a citizen of that country;

(2) The crime for which the convict was sentenced also constitutes a crime in that country;

(3) The judgment sentencing the convict has already taken legal effect;

(4) The convict consents in writing to the transfer, or needs to have someone consent in writing to the transfer on their behalf due to situations such as the convict's age, physical condition or psychological condition;

(5) The People's Republic of China and that nation both consent to the transfer.

In any of the following circumstances, transfer may be refused:

(1) The convict has been given a suspended death sentence or indeterminate detention, except where it has already been reduced to fixed term imprisonment at the time of the transfer request;

(2) When transfer is requested, the convict has less than a year remaining on the sentence;

(3) The convict has unsettled litigation in the People's Republic of China;

(4) others situations where transfer would be inappropriate.

Article 57:Where requests are made to transfer convicts abroad, the request documents and attached materials shall indicated the following matters as needed:

(1) The name of the requesting organ;

(2) The full name, sex, nationality, indentification information, and other materials on the convict whose transfer is requested;

(3) the facility where the convict is serving the sentence;

(4) The basis and reasons for requesting the transfer;

(5) Written declaration of consent to transfer by the convict or their representative;

(6)Other Matters.

Article 58:The responsible organs shall verify the convict's desire to be transferred. Where the foreign nation requests to send personnel to verify the convict's desire to be transferred, the responsible organs may make arrangements.

Article 59:Where foreign nations submit requests to the People's Republic of China for the transfer of convicts, or responsible organs feel it is necessary to request that foreign nations transfer convicts, the responsible organs, in conjunction with the competent departments, shall make a decision on whether to agree to the foreign nations' request or to make a request to the foreign nation. After a decision is made to agree to a foreign nation's transfer request, the organs for foreign contact shall notify the requesting nation and the convict in writing.

Article 60:Transfer of convicts is to be implemented by the criminal punishment enforcement organ designated by the responsible organs. The time, place, method, and other matters for carrying out the transfer of convicts is to be determined through consultation by the responsible organs.

Article 61:Where after the convict is transferred, they submit a collateral appeal to the original effective judgment, it shall be submitted to a people's court in the People's Republic of China with jurisdiction.

Where the people's courts modify or revoke the original judgment, they shall promptly notify the foreign nation.

Section 2: Requests for Transfer of Convicts to the People's Republic of China

Article 62:The People's Republic of China may request that foreign nations transfer custody of convicts who are Chinese nationals, and foreign nations may request that the People's Republic of China transfer custody of Chinese national convicts. The specific requirements and procedures for handling transfers are to be carried out with reference to the relevant provisions of section 1 of this chapter.

Article 63:After convicts are transferred back to this country, the criminal punishment execution organs designated by the responsible organs are to first detain them.

Article 64:The people's procuratorate shall draft an application for a criminal punishment conversion with relevant materials attached, and request that the intermediate people's court for the location of the criminal punishment enforcement organ make a ruling for conversion of criminal punishment.

The people's courts shall make a ruling on the conversion of criminal punishment based on the facts determined by the foreign court and on the basis of the Criminal Law provisions. Where the characteristics and duration of the criminal punishment imposed by the foreign court are consistent with the provisions of the laws of the People's Republic of China, the conversion is to be based on the criminal punishment and duration it imposed; where the characteristics and duration of the criminal punishment imposed by the foreign court are inconsistent with the provisions of the laws of the People's Republic of China, the kind of criminal punishment and the duration are to be determined according to the following principles:

(1) The converted criminal punishment shall be consistent with the criminal punishment imposed by the foreign court as much as possible;

(2) The converted criminal punishment must not be heavier than the criminal punishment imposed by the foreign court in terms of characteristics or the term of imprisonment and must not exceed the maximum term of imprisonment imposed by the P.R.C. Criminal Law for crimes of the same kind;

(3) Criminal punishment of deprivation of liberty must not be converted to property-related punishment;

(4) The converted criminal punishment is not bound by the minimum term of imprisonment imposed by the P.R.C. Criminal Law for crimes of the same kind.

Where convicts are held in custody before they are transferred back to China, every day they were in custody is to reduce the converted term of imprisonment by one day.

The judgments on criminal punishment conversion rendered by people's courts are final judgments.

Article 65: The criminal punishment execution organs are to take into custody convicts transferred back to China according to criminal punishment conversion judgments. The execution of criminal punishment as well as commutation of sentence, parole, temporary service of sentence outside of prison, and so forth are to follow laws of the People's Republic of China.

Article 66:Petitions against verdicts of foreign courts by convicts after they are transferred back to China shall be filed with the courts of foreign nations that have jurisdiction.

Chapter IX: Supplementary Provisions

Article 67:Apply this Law by reference to criminal justice assistance carried out between the People's Republic of China and relevant international organizations.

Article 68:Notification and certification of documents and supplementary materials provided in requests for criminal justice assistance submitted to the People's Republic of China or in support of the People's Republic of China requests are to be handled in accordance with treaty provisions. Where there is no treaty or the treaty has no relevant provisions, it is to be handled in accordance with the principles of equity and reciprocity.

Article 69:"Criminal justice assistance treaties" as referred to in this Law refers to criminal justice assistance treaties signed by, or jointly participated in, the People's Republic of China and foreign nations; treaties on transfer of convicts or other treaties with clauses on criminal justice assistance or transfer of convicts.

Article 70:This law come into force on the date of promulgation.

 

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