Provisions on Recording, Reporting and Pursuing Responsibility Where Leading Cadres of Public Security Organs Interfere of Tamper with Case Handling

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Source:http://news.cpd.com.cn/n3559/c29276009/content.html

Article 1: The Provisions are formulated on the basis of the CPC Central Committee General Office and General Office of the State Council "Provisions on Recording, Reporting and Pursuing Responsibility of leading cadres Interfering with judicial activities or Tampering with the handling of specific cases" and the Central Political Committee's "Provisions on Recording and Pursuing Responsibility of Internal Personnel of Judicial Organs Prying into Cases" together with actual practice conditions in public security organs.

Article 2: Leading cadres and other internal personnel at public security organs shall strictly enforce the law and handle cases in accordance with laws and regulations, and conscientiously reject all types of conduct interfering or tampering with cases.

Article 3: Leading cadres and other internal personnel of public security organs must not exhibit the following conduct interfering or tampering with case-handling:

(1) Exceeding authority to give instructions not in compliance with law on issues such as case-filing, withdrawing a case, terminating an investigation, modifying compulsory measures, and raising or lowering case-handling status;

(2) Exceeding authority to privately give comments on the designating the nature of the case to case-handling units or personnel;

(3) Requesting that case-handling units or personnel unlawfully seal, seize or freeze assets or unlawfully dispose of assets involved in the case.

(4) Exceeding authority to approve and pass on case materials;

(5) Proposing that case-handling units or personnel meet privately with parties, parties' close relatives or agents, or others with an interest in the case.

(6) Personally making requests for help or intercession on behalf of case parties, or encouraging immediate staff, family members or persons with similar relations to do so;

(7) Personally violating provisions to make inquiries about case circumstances or provide inside information , or encouraging immediate staff, family members or persons with similar relations to do so;

Other situations of interfering or tampering with case-handling.
Article 4: 对案件办理具有指导管理监督职能的部门,依法依规履行指导、检查、督办等职责,提出指导性或者纠正性意见的,应当以书面形式进行。

因履行职责需要,向办案单位或者办案人员口头了解正在办理案件的有关情况的,应当按照正常工作程序进行,办案单位或者办案人员应当做好工作记录。

Article 5: 公安机关办案单位及办案人员应当注意区分警务公开、合法咨询行为同干预、插手案件办理行为的区别,对通过正当法律途径可以实现合法咨询或者诉求的,应当告知其正当法律途径。

Article 6: 办案单位及办案人员遇有公安机关内部人员过问案件办理的情况,应当一律如实填写《公安机关内部人员过问案件办理行为登记表》,直接报本级公安机关纪检监察部门。When necessary, reports may be made to higher level public security organs' discipline inspection and supervision departments skipping skipping the level immediately above.

Article 7: Public security organs' discipline inspection and supervision departments receiving reports shall promptly consult the relevant departments and police classifications, and after reviewing determining there is conduct interfering with or tampering with case handling, follow the procedure below to make a disposition:
(1) Where leading cadres of a public security organ at that level have interfered with or tampered with a case, and the public security organ discipline inspection and supervision department at that level has jurisdiction, it directly investigates and handles it; where it does not have jurisdiction, it reports to a discipline inspection and supervision department with jurisdiction. Where other personnel of a public security organ at that level have interfered with or tampered with a case, the public security organ discipline inspection and supervision department at that level investigates and handles it;

(2) Where internal personnel of higher level public security organs interfere or tamper with lower level public security organs' case-handling, or where internal personnel of public security organs interfere or tamper with the case-handling of public security organs that have no subordinate relationship, report it to the discipline inspection and supervision department with jurisdiction for that discipline inspection and supervision department to investigate and handle.
Where persons who are not public security organs' internal personnel interfere with or tamper with case-handling, handle it in accordance with the CPC Central Committee General Office and General Office of the State Council's "Provisions on Recording, Reporting and Pursuing Responsibility of leading cadres Interfering with judicial activities or Tampering with the handling of specific cases" and the Central Political Committee's "Provisions on Recording and Pursuing Responsibility of Internal Personnel of Judicial Organs Prying into Cases".

Article 8: Public security organs' police affairs oversight and legal departments and operations police services should strengthen investigation and spot checks, and when discovering leads on interference or tampering in case handling should promptly send them to the public security organ's discipline inspection and supervision department for investigation and handling.
Public security organs' discipline inspection and supervision departments shall report the results of investigation and handling to the case-handling unit and organizational personnel department.
Article 9: 有本规定第三条所列行为之一的,依照《中国共产党纪律处分条例》、《行政机关公务员处分条例》和《公安机关人民警察纪律条令》等规定给予党纪政纪处分或者组织处理;构成犯罪的,依法追究刑事责任。

Article 10: Public security organs should undertake registration and reporting activities according to law and regulations, and shall give support to, and must not hinder, restrict or infringe upon the lawful rights and interests of persons engaged in registration and reporting. Persons engaged in registration and reporting shall not be dismissed, transferred or demoted or otherwise dealt with organizationally or according to Party disciplinary rules other than for causes stipulated by law and by legally mandated procedures.

All public security organs' disciplinary inspection departments, personnel departments and other units should strictly maintain secrecy with respect to the circumstances of registration and reporting personnel.

Article 11: Conduct prying into cases shall be reported and where they are not reported or where report registries are used to make unwarranted accusations, strictly pursue the responsibility of the directly responsible personnel.

Where revenge is taken against personnel registering reports or investigating, strictly pursue the responsibility of the directly responsible personnel.

Where leading cadres at public security organs instigate the conduct described above, strictly pursue responsibility.

Article 12: Circumstances of leading cadres at public security organs interfering or meddling with case handling are included in the responsibility system for establishment of party integrity and clean governance, and in the performance evaluation system, as an important bases for evaluating cadres compliance with law, handling of matters in accordance with law, and honesty and self-discipline.

Article 13: All levels of public security organs' discipline inspection and supervision departments shall periodically calculate and give notice of statistics on circumstances of interference or meddling in cases, and report these to the discipline inspection and supervision department of the public security organ at the level above. Independent notice is given for typical cases, and when necessary reported to the public.

Article 14: Internal personnel of public security organs as used in these Provisions refers to personnel working in public security organs. These Provisions apply where persons who have left or retired from public security organs violate these Provisions to interfere with or meddle with cases.

Refer to these provisions for implementation on public security border patrol, fire-fighting, and security teams

Article 15: All province's public security organs may formulate specific implementation measures on the basis of these Provisions.

Article 16: These provisions become effective on the date of publication.

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