Guiding Opinions on Several Issues in Handling Cases of Underworld Forces Crimes

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To the high courts, people's procuratorates, public secuity offices, departments of justice, PLA military courts and military procuratorates of all provinces, autonomous reasons and directly governed municipalites, and and Construction Corps branch courts established by the Xinjiang Uighur Autonomous Region's High Court, and Xinjiang Construction Corps procuratorates, public security departments and departments of justice:

So as to fully implement the spirit of the "CPC Central Committee and State Council's Notice on Carrying Out the Special Crackdown on Clearing Away Organized Crime and Eliminating Vice", to unify thinking on law enforcement, to increase the efficacy of law enfocement, to lawfully, correctly, and effectively punish underworld forces crimes, and to strictly combat 'village tyrants', villainous clan forces, 'protective unbrellas" as well as "soft violence" and other such crimes; these Guiding Opinions on Carrying Out the Special Crackdown on Clearing Away Organized Crime and Eliminating Vice"have been drafted on the basis of the "Criminal Law", "Criminal Procedure Law", and relevant judicial interpretations, to address new situations and new problems encountered in practice: They are hereby issued to you, please earnestly implement them and send them to the county level units for politics of law as quickly as possible:

Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice Guiding Opinions on Several Issues on the Application of Law in Handling Cases of Crimes by Underworld Forces

Legal Release [2018] No. 1

So as to fully implement the spirit of the "CPC Central Committee and State Council's Notice on Carrying Out the Special Crackdown on Clearing Away Organized Crime and Eliminating Vice", to unify thinking on law enforcement, to increase the efficacy of law enfocement, to lawfully, correctly, and effectively punish underworld forces crimes, and to strictly combat 'village tyrants', villainous clan forces, 'protective unbrellas" as well as "soft violence" and other such crimes; these Guiding Opinions on Carrying Out the Special Crackdown on Clearing Away Organized Crime and Eliminating Vice"have been drafted on the basis of the "Criminal Law", "Criminal Procedure Law", and relevant judicial interpretations, to address new situations and new problems encountered in practice:

I. Overall Requirements

1.All levels of people's court, people's procuratorate, public security organ, and judicial-administrative organs should give full play to their professional functions, closely cooperate, support and check each other, and form a joint fighting force, to strengthen the establishment of long-term effective mechanisms for preventing and punishing underworld forces crimes. Correctly apply legal provisions to increase the force of punishment against violations by underworld forces as well as 'protective umbrellas'; realizing the spirit of strict punishment in every phase of investigation, indictment, trial, and enforcement; having a strict understanding of the requirements for applying release on guarantee, non-prosecution, suspended sentences, sentence reduction or parole, and release on medical parole; fully using the provisions of the "Criminal Law" General Provisions regarding joint crimes and criminal syndicates to increase the force of punishment, and fully utilize credential punishments an financial penalties to reduce the possibility of recidivism. For underworld forces crimes, pay attention to links between cases and thorough investigation to prevent handling cases in isolation and to lawfully accelerate case handling. Persist in lawfully handling cases, uphold legally-prescribed standards, and adhere to trial-centered adjudication; strengthen legal supervision; strengthen awareness of procedures and evidence; correctly understand the relationship between 'striking early when problems are small' and 'striking accurately and true'; implement the criminal policy of blending leniency and severity, making it so that there is a basis for leniency and severity and the punishment fits the crime; and realize the unification of political, legal, and social effects.

2. All levels of people's courts, people's procuratorate, public security organs, and judicial-administrative organs should concentrate key areas, industries, and regions where underworld forces crimes are prominent, focusing the struggle on underworld forces that threaten political security, especially security of political power and systems, as well as those that permeate the political arena; underworld forces that control basic level political power, manipulate and undermine basic level general elections, monopolize village resources, or misappropriate collective assets; underworld forces such as "village bosses" that use family or clans to run amok, play the tyrant, repress and abuse the public;underworld forces that incite and cause problems in land requisition, leasing, demolition, engineering projects, and so forth; underworld forces that strong-arm project, have unfair competition, illegal occupy, or excessively mine in industries and fields such as construction project, transport, resource mining, for fisheries; underworld forces such as market or industry bosses that dominate the market, force sales, or collect protection money in areas such as trade fairs, wholesale markets, transport stations and piers, tourist sites, and other such venues; underworld forces that manage or operate illegal or criminal activities such as 'sex, gambling, and drugs; underworld forces that illegally make high-interest loans, or use violence in debt collection; underworld forces that meddle in civil disputes, acting as 'underground law enforcement teams'' underworld forces that organize or hire online 'shills' to make threats, intimidate, insult, defame or cause trouble online; and foreign criminal organizations that expand int to the territory to permeate it, as well as underworld forces that cross-nations and borders. At the same time, resolutely uproot underworld forces' "protective umbrellas."

II.Designate and Punish Underworld Criminal Organizations crimes in accordance with law.

3. Underworld criminal organizations should simultaneously have "organizational characteristics", "economic characteristics" , "behavioral characteristics" and "characteristics of dangerousness" as provided for in "Criminal Law" article 294, paragraph 5. Since in practice, many underworld criminal organizations aren't at all explicit about these 'four characteristics', when making specific designations, the inherent relationships between the 'four characteristics' of underworld criminal organizations should be earnestly reviewed and analyzed based on the laws original intent, and the harm to society caused by the criminal organization involved in the case should be correctly assessed, so the it is realized.

4. Founding or creating an underworld criminal organization; or carrying out a merger, division, or reorganization of an underworld criminal organization; shall be designated as 'organizing an underworld criminal organization'; acts that are actually decision making, command, coordination, or management of the entire organization's development, operation or activities, shall be found to be 'leading an underworld criminal organization.' Organizers and leaders of underworld criminal organizations also includes organizers and leaders with clear duties and titles produced in a regular format; and also includes the recognized organizers and leaders in underworld criminal organizations.

5. Acts of continuing participation in, and accepting leadership and management of, an organization one knows or should know has commission of violations or crimes as its fundamental activity, shall be found to be 'participating in an underworld criminal organization‘’. Where there is no intent to join an underworld criminal organization, but one is hired to work in a company, enterprise, or social group, and there is no participation in violations or criminal activities of the underworld criminal organization, it should not be found to be 'participating in an underworld criminal organization'.

Participating in an underworld criminal organization and having any of the following circumstances shall generally be found to be 'active participation in an underworld criminal organization': actively participating in the illegal or criminal activities of an underworld criminal organization several times, or actively participating in a more serious criminal activity of the underworld criminal organization and having a prominent role, as well as other circumstances of playing a major role in the organization, such as specifically managing the underworld criminal organizations' finances, personnel, or other such matters.

6. Organizations that continue to exist within a certain period of time after formation, shall be designated as 'forming a more stable criminal organization."

Underworld criminal organizations are generally dificult to form in a short period of time, and have a relatively large number of members, but as the development of underworld forces and criminal gangs into underworld criminal organizations is a gradual process, with no clear moment of transformation, it isn't proper to make a 'one size fits all' rule on the length of an underworld criminal organization existing or the number of its members.

Where an underworld criminal organization has not held an establishment ceremony or similar activity, the time of its establishment may be determined based on the time of a symbolic incident that reflects its initial illegal impact. Where there is no clear symbolic incident, the time of the organizations' formation may be determined on the basis of the first time at which the organizers, leaders, and other members first joint committed organized criminal activity. Where organizers or leaders have not been brought in, or have not been indicted because of their death or other legally prescribed circumstances, this does not impact the determination.

An underworld criminal organization's members includes both the members for which there is sufficient evidence to prove membership but who have not yet been brough in, and also those who have conduct participating in an underworld criminal organization but who have not been indicted because they have not yet reached the age of criminal responsibility or for other legally-prescribed circumstances, or members who based on specific circumstances of the case will not be addressed criminally.

Where economic benefits are obtained during the formation or development of the organization through the following methods, it shall be found to be 'organized obtaining of economic benefits through illegal or criminal activities, or other methods'.

(1) Levying heavy fees through organized illegal or criminal activities or other improper methods;

(2) Organized receipt through legal production or business activities through methods such as investment, having a controlling interest, having shares, or partnerships;

(3) Obtaining by have organizations’ members provide funding or using other units, organizations, or individuals for funding.

8. Obtaining a certain amount of economic interest through the methods described above shall be designated as 'have a certain amount of economic force', and at the same time includes having the capacity to shift a certain scale of economic resources to support the organization's activities. Economic benefits obtained through the methods described above, should be calculated into the underworld criminal organization's 'economic strength', even if only some organization members have control. Where an organization member actively uses their own assets or their families' to support the organizations activities, their individual or family assets may all be calculated into the 'definite economic strength', except where the amount is clearly quite small or only the rights to use movable property or real estate were provided.

Because there is a relatively large difference in the economic and development level of different regions and the profit margins in different industries, and because the length of underworld criminal organizations' existence and development is also uneven, a general requirement cannot be made in case handling that underworld criminal organizations' economic strength must reach a specified scope or amount.

9.Illegal and criminal activities committed by underworld criminal organizations include non-violent violations and crimes, but violence or the threat of violence is always the fundamental tactic of underworld criminal organizations committing illegal and criminal activities, and may be employed at any time. Tactics in which violence or threats is not obvious, but in actuality the organization's force, influence, and criminal capacity were relied upon with the possibility of violence or threats as a foundation sufficient to produce fear or panic in others, and create psychological control or to impact or restrict personal freedom or imperil the safety of others property or persons, or influence their normal production, work, or livelihood, is 'other methods' as provided for in Criminal Law article 294, paragraph 5 item (3), including, but not limited to so called 'negotiations' 'consultations', and 'mediation' as well as causing disturbances, harassment, making trouble, or gathering crowds for a display of force.

10. Carrying out several illegal or criminal activities so as to establish, preserve, or expand force, influence, or interests, or doing so in accordance with discipline rules or organization practice, encroaching on the personal, democratic, or property rights of multiple unspecified persons, undermining the order of the economy and society, shall be found to be “carrying out several illegal or criminal activities in an organized fashion, doing wrong, and suppressing or harming the public”

In any of the following circumstances, illegal or criminal activities shall be designated as having been carried out by underworld criminal organizations:

(1) It was committed for the purposes such as obtaining a sphere of influence for the organization, to strike at competitors, to form a strong position, to reap economic benefits, to establish illegal authority, to expand illegal influence, to seek illegal protection, or to increase capacity for committing crimes;

(2) It was carried out in accordance with the organization's discipline rules organizational practices;

(3) Organizers or leaders directly organized, planned, directed, or participated in the commission.

(4) It was committed by organization members in the name of the organization, and was acknowledged or acquiesced to by organizers or leaders;

(5) It was committed by several organization members together in order to flaunt their might, meddle in disputes, seek revenge upon others, carry out violence on behalf of others, or illegally acquire wealth, and was acknowledged or acquiesced to by the organizers or leaders;

(6) Other circumstances shall be designated as carried out by underworld criminal organizations.

11.As the size of underworld criminal organizations' 'definite region' of controlor influence is relative, it cannot simply be required that a 'definite region' must reach a certain designated space or range, but shall be based on the specific circumstances of the case and taken together for comprehensive analysis and judgment with the extent of the threat the underworld criminal organizations pose to economic and societal life.

In any of the following situations, carrying out illegal or criminal activities, or acts exploiting state employees' abetting, failure to lawfully perform duties, or tolerating underworld criminal organizations commission of illegal and criminal acts, so as to play the tyrant, may be designated as illegal control or major influence in a certain region or industry, seriously undermining order in the economy or social livelihood":

(1) Where after causing the lawful rights and interests of a number of people living in a certain region or engaging in production or business in a certain industry to be infringed by crime or serious violations, they do not dare to use official channels to report it or make accusations;

(2) Where a monopoly is formed for production or business in a certain industry, or where major influence is formed over economic activities such as entry, business, or competition in a certain industry;

(3) Where meddling in civil disputes or economic disputes creates a serious impact in a certain region or industry;

(4) Where disturbing or undermining the normal production, business, or livelihood of others, and creating a serious impact in a certain region or industry;

(5) Disturbing or undermining the regular order of production, business, or work at a company, enterprise, or public institution, causing a serious impact within a certain region or industry, or making it so that they cannot normally produce, operate, or work;

(6) Disturbing or undermining a Party or state organ, administrative management department, or a basic-level mass autonomous organization such as villagers or residents committees several times, or making it so that the units or organs described above cannot perform normally;

(7) Exploiting the force or influence of an organization to assist organization members or other obtain political positions, or to serve in a certain position in a party or government organ or in a basic-level mass autonomous organization;

(8) Other circumstances that form an illegal control or major influence, seriously undermining the order of the economy and societal livelihood.

12. Organizers, leaders, and active participants that have been sentenced to a prison term of 5 years or more for participating in underworld criminal organization crimes, may have deprivation of political rights applied as a supplement under Criminal Law article 56 paragraph 1. Organization members eligible under Criminal Law article 37-1 shall be lawfully prevented from engaging in the relevant professions. Organization members eligible under Criminal Law article 66 shall be designated as criminals and given a heavy sentence in accordance with law.

For criminals in underworld criminal organizations who are given a suspended death sentence for organizing violent crime, sentence reduction may be concurrently restricted on the basis of Criminal Law article 50, paragraph two. Criminals committing underworld criminal organization crimes who have been given a prison term of 10 years or more or indeterminate detention must not be paroled in accordance with Criminal Law article 81, paragraph 2.

Organizers and leaders shall generally also have all their personal assets confiscated. Active participants who are truly core members or who transferred or concealed assets, may have all their personal assets confiscated. For other members, a decision lawfully made as to whether to apply punishments against property, based on circumstances such as the number and nature of illegal and criminal activities they carried out, their position and role, the amount of unlawful gains, and the amount of damages caused.

III. Punish evil forces crimes in accordance with law.

14.Organizations with the following circumstances shall be designated 'evil forces': Illegal or criminal organizations that have not yet become an underworld criminal organization, but regularly gather together and use violence, threats of violence, or other tactics to carry out multiple illegal or criminal activities in a certain region or industry, doing wrong, suppressing the people, disrupting the order of the economy and society, and causing relatively heinous social impact. Evil forces usually have three or more persons with a group that is relatively static, and their illegal and criminal activities are primarily forcing transactions, intentional harm, unlawful confinement, extortion, intentional destruction of property, brawling, provocation [picking quarrels] and so forth, and might concurrently operate casinos, organize prostitution, force prostitution, sell drugs, transport drugs, produce drugs, rob, steal, gather to disrupt social order, gather to disrupt order in public places or traffic, and group vandalism.

"Evil Forces" or other such descriptions may be used for added description in relevant legal documents' sections on the the determination of the facts of the crime.

15. Evil force criminal gangs are evil force criminal organizations that meet the legally prescribed requirements for criminal gangs, and their identifying characteristics are: having three or members in the organization, having a clear ringleader, having relatively fixed important members, member frequently gather together, intentionally commit three or more criminal activities of the types usually committed by evil forces or other criminal activities.

16.When public security organs, people's procuratorates, and people's courts handle cases of evil forces crimes, they shall follow the provisions above to distinguish them from regular criminal cases, fully using the provisions of the Criminal Law's general provisions regarding joint crimes and criminal gangs, to give a heavier punishment in accordance with law.

IV. Punish Crimes Perpetrated Through the Use of 'Soft Violence" in Accordance with Law.

Where underworld forces use tactics infringing on others' rights in their persons or property, such as organizing to causing disturbances, harrassment, making trouble, or gathering crowds for a display of force, so as to obtain illegal benefits or put together illegal influence, undermining economic or social order and it constitutes a crime, it shall be handled according to the relevant provisions of the Criminal Law:

(1) Where organized causing disturbances, harassment, making trouble, or gathering crowds for a display of force disrupts the normal order of work or livelihood, causing others to become afraid or psychologically coerced, it is to respectively be within 'intimidation' as provided for in Criminal Law article 293 (1) and 'threats' as provided for in article 226, and where it concurrently meets the requirements for constituting another offense, it should be dealt with respectively convicted and handled as provocation [picking quarrels] or compelling transactions.

"Several times" in articles 2-4 of the "Interpretation on Several Issues on the Application of Law in Criminal Cases and Provocation and Causing Disturbances" shall usually be understood to mean committing acts of provocation and causing disturbances three or more times within 2 years. Where within two years, different types of acts of provocation and causing disturbances are carried out, criminal responsibility shall be pursued

(2) Where public or private property is forcibly solicited for purposes of illegal occupation, or there are tactics disrupting the normal order of work and liveliehood, such as organized causing disturbances, harrassment, making trouble, or gathering crowds for a display of force, and it concurrently meets the requirements for constituting a crime under Criminal Law article 274, it shall be convicted and punished as the crime of extortion or blackmail. Where carried out by several people, or where methods such as uniform dress, visible tattoos, special symbols, or other direct or implied signals are used to make others aware that the activity is organized, it shall be found to be "blackmail or extortion in the name of underworld forces" as provided for in article 2(5) of the "Interpretation on the Application of Law in Handling Criminal Cases of Blackmail and Extortion".

Where employing the tactics described above simultaneously constitutes another crime, conviction and punishment shall lawfully be in accordance with the heavier penalty.

Where employing or directing others to us the tactics described above in an organized fashion to compel transactions or extort constitutes the crime of compelling transactions or extortion, the employer or director shall usually be dealt with as the key offender in the joint crime. Where persons are hired or directed to provoke and cause trouble in an organized fashion using the methods above so as to forcibly collect debts that are not entitled to legal protections, or for other illegal goals, and the crime of provocation [picking quarrels] is constituted, the hiring or directing party shall generally be treated as the primary offender in a joint crime; where the hiring or direction was to pursue a lawful debt or because of a marital, familial, neigourhood, or other civil dispute, and no serious consequences were caused, it is generally not to be handled as a crime, except where it continues following criticism and control by the relevant departments or punishment.

18.Where underworld forces unlawfully detain others several times for short periods of time in an organized fashion, they shall be found to have "illegally deprived others of their physical liberty through other means" as provided for in Criminal Law article 238. Where others are unlawfully detained three or more times with the length of each instance continuing for for or more hours, or where the cumulative length of unlawful detention is 12 hours or more, it should be convicted and punished as the crime of unlawful detention.

V. Lawfully combat criminal activities in lending and debt collection

19. In the course of private borrowing activities, those who engage in actions such as establishing financial institutions without authorization; illegally collecting public deposits; obtaining payment for goods through fraud; fraudulently acquiring funds from financial institutions to issue high interest loans; or intentionally killing, intentionally injuring, illegally confining, or intentionally destroying property in order to compel repayment of debt, shall be investigated, indicted, and tried according to their specific crime. Where the requirements for combined punishment for multiple crimes are met in accordance with law, punishment shall be combined.

20.对于以非法占有为目的,假借民间借贷之名,通过“虛增债务”“签订虚假借款协议”“制造资金走账流水”“肆意认定违约”“转单平账”“虚假诉讼”等手段非法占有他人财产,或者使用暴力、威胁手段强立债权、强行索债的,应当根据案件具体事实,以诈骗、强迫交易、敲诈勒索、抢劫、虚假诉讼等罪名侦査、起拆、审判。 Artificially high debts beyond what the victims actually borrowed, and additional fees that were withheld or collected under any name such as 'guarantee deposits', 'intermediary fees', or service fees, should all be calculated into the unlawful gains. Where it is nominally the victims' earnings, but the cases' evidence can prove that it was in fact a ' loan' used by the criminal suspect or defendant to carry out further crime, it should be confiscated.

21. Where the activities described above are carried out in an organized manner through any means such as using a collections company or 'underground law enforcement squad', and the standards for designating an underworld criminal organization or criminal gange are met, it shall be investigated, indicted, and tried as the crime of organizing, leading, or participating in an underworld criminal organization or criminal gang.

VI. Strictly punish "Protective Umbrellas" in accordance with law

22. Acts of 'abetting' [harbouring] as provided for in Criminal Law article 294 paragraph 3, does not require that the staff of state organs use their office to facilitate. Where their office is used to abet underworld criminal organization, give a heavy sentence in light of the circumstances. Where abetting or indulging underworld criminal organizations was planned in advance, it is to be treated as joint commission of the specific crime.

23.Public security organs, people's procuratorates, and people's courts finding leads as to suspected abetting or indulgence of underworld criminal organization crimes, acceptance of bribes, dereliction of duty, or other violations of law and discipline, shall promptly transfer them to the relevant competent departments and other relevant departments, and resolutely and strictly punish the crimes abusing public office by serving as the 'protective umbrella' for underworld forces.

24.依法严惩农村“两委”等人员在涉农惠农补贴申领与发放、农村基础设施建设、征地拆迁补偿、救灾扶贫优抚、生态环境保护等过程中,利用职权恃强凌弱、吃拿卡要、侵吞挪用国家专项资金的犯罪,以及放纵、包庇“村霸”和宗族恶势力,致使其坐大成患;或者收受贿赂、徇私舞弊,为“村霸”和宗族恶势力充当“保护伞”的犯罪。

25.During the investigation of underworld forces crimes, public security organs shall focus on promptly uncovering the corruption problems behind them, and criminal suspects in especially large bribery cases, the provisions of article 37 of the Criminal Procedure Law are to be promptly enforced with the relevant organs, and the defense lawyers meeting with criminal suspects in custody shall first get the permission of the investigating organs.

VII. Lawfully Handle Assets Involved in the Case

26. As needed for handling cases of underworld criminal organization crimes, public security organs, people's procuratorates, and people's courts shall lawfully make inquiries into, seal, seize, or freeze, all assets in the case. During public security organs' investigation period, they should work together with the departments for industry and commerce, taxation, land use, housing and urban development, auditing, the people's bank, and other departments, fully investigate the suspected criminal organization and its members' assets,

For business-type assets that are not suitable for sealing, seizure or freezing, an application may be made to the local people's government to designate relevant departments or retain relevant bodies to hold it on their behalf or as retained.

The case-handling unit may retain a specialized body to assess the value of assets and their fruits and benefits solicited by underworld criminal organizations and their members, and where there is truly no way to accurately calculate it, it may be reasonably estimated on the basis of the relevant law and the known facts and evidence.

27. Assets involved in underworld criminal organization cases that have been lawfully sealed, frozen, or seized, shall be fully gathered together to have evidence related to their origin, nature, use, ownership, and value reviewed. Where any of the following circumstances is met, it shall be recovered or confiscated:

(1) Assets, proceeds or benefits taken by the organization and its members s through illegal and criminal activities or other improper means;

(2) Assets, proceeds or benefits taken by the organization's members through personally committing illegal and criminal activities;

(3) Assets given by other units, organizations, or individuals to fund the relevant organizations' activities or actively provided to it;

(4) Assets obtained through lawful production or business activities, or the portion of lawful assets of organization members or families that are actually used to support the relevant organizations' activities.

(5) Contraband illegally possessed by organization members as well personal assets used in committing the crime;

(6) Assets, proceeds, and benefits obtained by other units, organizations, or individuals exploiting the illegal or criminal activities of underworld criminal organizations.

(7) Other assets that shall be recovered or confiscated.

28. In any of the following circumstances, where unlawful gains have already been used to settle debts or transferred to others, payment shall be made in accordance with law:

 

(1) The other side clearly knows that property, or its fruits and benefits, were solicited through improper means such as illegal or criminal activities;

(2) where it is obtained by the other party without compensation or for a price conspicuously below the market value;

(3) It is obtained by the other party due to illegal debt or unlawful or criminal activities;

(4) It is obtained in bad faith through other means.

29. Where it is not possible to find assets that shall lawfully be recovered or confiscated, they have been obtained in good faith by others, their value is extinguished, or they have become inseparably entangled with other lawful assets, other equivalent assets may be recovered or confiscated.

30. Where underworld criminal organization criminal suspects or defendants abscond and cannot be brought in after one year of being wanted, or where criminal suspects or defendants have died, their unlawful gains shall be confiscated according to legally-designated procedures.

31.Assets involved in the case that have been lawfully sealed, seized, or frozen; assets for which there is evidence clearly showing that they are the victims' lawful property; or assets that truly have no relationship to the illegal or criminal activities of the underworld criminal organization, should be returned.

VII. Other

Judicial-administrative organs shall strengthen guidance and supervision over lawyers handling of defense representation work in cases of underworld criminal organization crimes, guiding law firms to establish and complete systems for reporting and requesting instructions, concentrated research, and inspections and research in underworld criminal organization crimes. The case-handling organs shall lawfully ensure each of lawyers' procedural rights, facilitate lawyers performance of defense representation, prevent impact to case handling cause by obstruction of lawyers lawful performance of their duties.

When underworld forces crimes cases hold in-court proceedings, the people's courts shall notify the judicial-administrative organs with supervision authority over the defense lawyers' law firm that they have the right to appoint some one to observe.

对于律师违反会见规定的;以串联组团,联署签名、发表公开信,组织网上聚集、声援等方式或者借个案研讨之名,制造舆论压力,攻击、抵毁司法机关和司法制度,干扰诉讼活动正常进行的;煽动、教唆和组织当事人或者其他人员到司法机关或者其他国家机关静坐、举牌、打横幅、喊口号等,扰乱公共秩序、危害公共安全的;违反规定披露、散布不公开审理案件的信息、材料,或者本人、其他律师在办案过种中获悉的有关案件重要信息、证裾材料的,司法行政机关应当依照有关规定予以处罚,构成犯罪的,依法追究刑事责任。 The relevant case-handling organs should concentrate on collecting and fixing evidence of any conduct that violates laws and rules in lawyers' defense and representation activities, and issue a judicial recommendation.

33. Prisons shall strictly manage criminals who organized, led, or participated in underworld criminal organizations, being strict with enforcement activities such as meetings, commutation or parole, and temporary service of sentence outside of prison, Detention in another location across provinces, autonomous regions, or directly governed municipalities is implemented for organizers or leaders of underworld criminal organizations who are given a sentence of ten or more years imprisonment, indeterminate detention, or a death sentence with two year suspension that is commuted to a prison term or indeterminate detention. Actively carry out investigation of leads on underworld forces crimes, educating and guiding persons serving penalties to report and uncover crimes. Community corrections establishments shall earnestly carry out investigative evaluations of criminal suspects or defendants in underworld forces cases who will have community corrections applied, so as to provide a reference for the correctly application of non-custodial punishments. Community corrections establishments should strictly supervise, manage, and educate organizers, leaders, and participants in underworld criminal organizations that are serving their sentence in the community. Public security organs, people's procuratorate, people's court,and judicial-administrative organs should strengthen coordination and joint action, improve emergency response work mechanisms, and appropriately handle situations such as persons serving their sentence in the community escaping supervision and again committing illegal or criminal acts.

34. In handling underworld forces crime cases, working mechanisms for discussion of major and difficult cases, for reporting cases, and so forth, should be constructed and improved, further strengthening coordination between political and legal organs and forming a joint force in the struggle; and for underworld forces crime cases where public attention is high or that have a major social impact employ measures such as supervised handling, handling by the level above, jurisdiction in another area, designating jurisdiction, or on-site united supervision and guidance, to ensure case quality. Based on the actual circumstances of handling underworld forces crimes cases, promptly report issues and aggregate experience, puting forward evidence standards at appropriate times, and truly ensuring effective struggle.

35. public security organs, people's procuratorates, and people's courts handling underworld criminal organization crime cases shall follow the relevant provisions of the "Criminal Procedure Law", the "Provisions on Several Issues in the Application of Law in Handling Underworld Criminal Organization Crime Cases", and the " Provisions on Public Security Organs Witness Protection Work in Handling Criminal Cases, to employ protective measures for witnesses, persons reporting the case, accusers, informants, expert evaluators, and victims.

According to the specific circumstances of the case, criminal suspects and defendants may receive a lenient or lightened punishment, or not be given a punishment, in accordance with law, provided that they actively cooperate with investigation, indictment, and adjudication work. They must also provide important leads and evidence, confirmed through investigation to be true, related to uncovering the organization and organizers of underworld organizations; the positions and roles of leaders; major criminal activities organized and implemented by the organization; the recovery and confiscation of illicit funds and property; or penetrating the organization's "protective umbrella." Protective measures may also be applied to such criminal suspects and defendants, with reference to relevant regulations on witness protection. The preceding provision shall be strictly understood for criminal suspects or defendants that are truly organizers or leaders.

对于确有重大立功或者对于认定重大犯罪事实或追缴、没收涉黑财产具有重要作用的组织成员,确有必要通过分案审理予以保护的,公安机关可以与人民检察院、人民法院在充分沟通的基础上作出另案处理的决定。

对于办理黑社会性质组织犯罪案件的政法干警及其近亲属,需要采取保护措施的,可以参照《刑事诉讼法》等关于证人保护的有关规定,采取禁止特定的人员接触、对人身和住宅予以专门性保护等必要的措施,以确保办理案件的司法工作人员及其近亲属的人身安全。

36.After these Opinions are promulgated and implemented, where other normative documents released jointly or independently by the the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice have content that is inconsistent with the relevant provisions of these Opinions, enforcement shall be in accordance with these provisions.

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