Regulations on the Implementation of the Supervision Law of the PRC (Draft for Solicitation of Comments)

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Regulations on the Implementation of the Supervision Law of the PRC
(Draft for solicitation of comments)

Table of Contents

Chapter I: General Provisions

Chapter II: Supervision Organs and Their Duties

Chapter III: Scope and Jurisdiction of Supervision

Chapter IV: Supervision Authority

Chapter V: Supervision Procedures

Chapter VI: International Anti-Corruption Cooperation

Chapter VII: Oversight of Supervision Organs and Personnel

Chapter VIII: Legal Responsibility

Chapter IX: Supplemental Provisions

Chapter I: General Provisions

Article 1: These Regulations are formulated on the basis of the Supervision Law of the PRC (hereinafter Supervision Law) and in consideration of actual work conditions, so as to promote the regulation and legalization of supervision work.

Article 2: Adhere to the leadership of the Chinese Communist Party in supervision work, enhance 'the four awarenesses', persist in 'the four self-confidences', achieve the 'two preservations' strengthen the character of supervision organs as political organs, and make the Party's leadership permeate the entire process of every aspect of supervision work.

Article 3: The supervision organs and Party discipline inspection organs share an office, adhere to rule of law thinking and methods, promote understanding of discipline and law enforcement and effective links to the justice system, realize the organic integration of supervision in accordance with discipline and supervision in accordance with law, and of the application of discipline and application of law.

Article 4: Supervision organs shall perform oversight, investigation, and disposition duties in accordance with law, learn from past mistakes and curing the illness to save the patients, integrating punishment and education to bring about the unification of political, legal, and social effects.

Article 5: At the same time as the supervision organs strictly punish corruption and form an effective deterrent, they shall promote reforms of oversight mechanisms in related fields, promoting systemic improvements, regulation of the use of authority, and strengthening education on goals, rule of law, clean governance, and ethics, to guide public employees to respect the law and increase awareness, to take responsibility and effectively perform their duties, and work together as one to construct mechanisms in which no one dares to be corrupt, no one can be corrupt, and no one wants to be corrupt.

Article 6: Supervision organs are to persist in the System of Democratic Centralism and shall collectively research important issues in the handling of leads, case filing and investigation, case trials, enforcement of dispositions, and reviews and reexaminations, strictly performing procedures for alerts and reports in accordance with their authority.

Article 7: Supervision organs shall carry out supervision efforts in strict accordance with law, fully safeguarding related persons' lawful rights and interests such as rights in their persons, the right to know, property rights, the right to make a defense, the right to appeal, and the right to request a review or reexamination.

Article 8: Supervision organs handling cases of crimes abusing public office shall strengthen coordination and cooperation with people's courts and people's procuratorates in areas such as case jurisdiction, review of the evidence, transfer of cases, and the disposition of assets involved in the case; and shall lawfully handle opinions submitted by the people's court and people's procuratorates such as on returning a case for supplemental investigation, the exclusion of illegal evidence, the collection of simultaneous audio or visual recordings, and requests for investigators to appear in court.

Article 9: Supervision organs carrying out supervision efforts may requests assistance and cooperation from relevant departments and units such as for public security, state security, auditing, statistics, market regulation, financial regulation, treasury, and natural resources in accordance with law.

Based on the supervision organs' requests, the relevant departments and units shall assist in employing relevant measures, sharing oversight information, providing relevant materials and professional skills and technical support for supervision work.

Chapter II: Supervision Organs and Their Duties

Section 1: Leadership System

Article 10: The State Supervision Commission is to carry out work under the leadership of the Party Central Committee. Local supervision commissions of all levels work under the double leadership of the party committee for that level and the higher-level supervision commissions, and when reporting on the disposition of leads and handling of case investigations to the Party committee, simultaneously report to the supervision commission at the level above when necessary.

The higher-level supervision commissions shall strengthen leadership of lower-level supervision commissions. Lower-level supervision commissions must enforce the decisions of higher-level supervision commissions, but where they find that the decision is improper shall reflect this to the higher-level supervision commission while they enforce it. Higher-level supervision commissions shall correct incorrect or improper decisions made by lower-level supervision commissions in accordance with procedures, or request that the lower-level supervision commissions correct them.

Article 11: Higher-level supervision commissions may uniformly shift supervision personnel from all subordinate supervision organs in handling supervision matters. A decision to shift personnel shall be issued in written form.

Supervision organs handling supervision matters shall strengthen mutual coordination and cooperation. Higher-level supervision organs shall strengthen guidance, coordination, and oversight.

Article 12: All levels of Supervision Commission are to lawfully station or dispatch supervision bodies or Supervision Commissioners in organs of the Communist Party of China, state organs, or organizations and units authorized by laws or regulations or retained to administer public affairs at the corresponding levels, as well as to the state-owned enterprises and public institutions under their jurisdiction.

Supervision commissions at the provincial or districted-city levels are to dispatch supervision bodies or supervision commissioners to areas without people's congresses, prefectures, and other such areas. County-level supervision commissions and supervision commissions in the jurisdiction of directly governed municipalities may dispatch supervision bodies or supervision commissioners to neighborhoods, townships, and other such regions.

The supervision bodies and supervision commissioners are to be lead by the dispatching organ in carrying out supervision law enforcement work.

Article 13: Based on the dispatching organ's authorization, stationed or dispatched supervision bodies or supervision commissioners are conducting oversight of the public employees in the unit or region in which they are stationed or dispatched, and conduct an investigation and handle violations and crimes abusing public office in accordance with the scope of their management authority and laws. Supervision bodies and supervision commissioners may follow provisions to jointly investigate serious violations and crimes abusing public office together with the local supervision commission, or hand them over to be investigated by the local supervision commission.

Where supervision bodies or supervision commissioners that have not been authorized to investigate crimes abusing public office discover leads on suspected crimes abusing public office by the supervision subjects, they shall report to the dispatching supervision organ, and the dispatching supervision organ is to investigate or hand it over to the local supervision commission to investigate in accordance with law.

Section 2: Supervision Oversight

Article 14: Supervision organs are to perform supervision oversight duties in accordance with law, conducting oversight and inspections of public employees' political conduct, exercise of public power, and ethical soundness, and urging relevant state organs and units to strengthen education, management, and oversight of the public employees under them.

Article 15: Supervision organs shall resolutely maintain the nation's guiding ideology as set forth in the Constitution and strengthen supervision of public employees', especially leaders', adherence to the leadership of the Party and to the system of socialism with Chinese characteristics, their implementation of the Party and State's line, directives, policies, major decisions and allocations, their strict performance of management and oversight duties, their exercise of public power in accordance with law, and other such circumstances.

Article 16: Supervision organs shall strengthen public employees' ideals education, education on serving the people, education on the constitution, laws, and regulations, and education on exceptional traditional culture, carrying forward the Core Socialist Values, carrying out educational warnings, and using cases to explain the law, and leading them to establish the correct view of power, responsibility, and interests through education, and maintaining the true flavor of serving the people.

Article 17: Supervision organs shall consider the duties of public employees to strengthen routine oversight, using methods such as collecting public feedback, holding talks and visits, reading materials, convening or attending meetings, hearing work reports and statements on duties and integrity, and carrying out oversight inspections, to learn about public employees', especially leaders', performance of their duties, and promoting the lawful, impartial, and upright use of authority.

Article 18: Supervision organs may conduct heart-to-heart conversations with public employees, and where there are emerging issues or problematic inclinations in areas such as political character, the exercise of public power, and ethical soundness, are to promptly conduct educational reminders.

Article 19: Supervision organs that find systemic or industry-wide critical issues, as well as prominent issues on which the public gives strong feedback, may thoroughly learn about the situation through special inspections, urge the relevant organs, units, and public employees to perform their duties, and carry out special governance actions.

Article 20: Supervision organ shall promote advancing reforms through case handling and advancing governance through oversight, and while clarifying issues and making dispositions in accordance with law are to simultaneously emphasize analyzing the reasons and rules for such issues occurring, and where issues are discovered during oversight and law enforcement in areas such the establishment of systems, mechanisms for the allocation and restraints on the operation of authority, or oversight systems, they are to submit opinions or supervision recommendations on corrections to the relevant organs or units to promote improvements of the systems and mechanisms and give play to the role of oversight and governance.

Article 21: Supervision organs carrying out supervision oversight shall link disciplinary oversight, embedded oversight, and oversight patrols, coordinating with oversight by the people's congresses, democratic oversight, administrative oversight judicial oversight, auditing oversight, treasury oversight, statistical oversight, public oversight, public opinion oversight, and so forth, to complete mechanisms for sharing information, resources, and accomplishments, and form a joint force for oversight.

Section 3: Supervision Inspections

Article 22: Supervision organs are to perform supervision inspection duties in accordance with law, conducting investigations of violations and crimes abusing public office on the basis of the Supervision Law, the Law on Government Sanctions for Public Employees, and other provisions.

Article 23: The violations abusing public office that supervision organs are responsible for investigating refers to the following illegal conduct carried out by public employees that is related to their position and for which they shall bear legal responsibility in accordance with law even though a crime has not been constituted:

(1) using authority to carry out illegal conduct;

(2) using the influence of a position to carry out illegal conduct;

(3) illegal acts of inadequate performance of duties or dereliction of duty;

(4) Other illegal acts contrary to the specified obligations of public employees' positions.

Article 24: In any one of the following circumstances, supervision organs discovering other illegal conduct by public employees may conduct an investigation and make a disposition in accordance with law:

(1) The period for pursuing administrative violations has passed, or the statute of limitations for pursuing a crime has passed without pursuit of criminal responsibility, but governmental sanctions are required to be given in accordance with law;

(2) an administrative punishment was received and governmental sanctions are required to be given in accordance with law;

(3)supervision organs investigating violations or crimes abusing public office usually are to concurrently investigate other illegal conduct for which the facts are simple and clear and for which governmental sanctions are required to be given in accordance with law.

Where supervision organs discover that public employees had the illegal conduct provided for in the preceding paragraph before they became subjects of supervision, it is to be handled in accordance with the preceding paragraph.

Article 25: Supervision organs are to conduct investigations of the crimes abusing public office provided for in Supervision Law article 11(2) in accordance with law.

Article 26: Supervision organs are to investigate suspected crimes of embezzlement and bribery in accordance with law, including embezzlement, misappropriation of public funds, accepting bribes, accepting bribes for a unit, using influence to receive bribes, giving bribes, giving bribes to persons of influence, giving bribes to units, acting as an intermediary for bribes, giving bribes as a unit, having huge assets of unclear origin, concealing foreign savings, privately divvying state-owned property, privately divvying confiscated property, as well as public employees' committing appropriation in office, misappropriation of funds, bribing foreign officials or officials at international organizations, accepting bribes as other than state employees, and bribing non-state employees while exercising public power.

Article 27: Supervison organs are to investigate public employees suspected of crimes abusing their authority in accordance with law, including criminal abuse of authority; criminal abuse of authority by personnel of state-owned companies, enterprises, or public institutions; abuse of authority by management companies or securities [sic], criminal malfeasance in food or drug regulation, intentional leaking of state secrets, criminal retaliation or framing, obstructing the rescue of trafficked or kidnapped women or children, assisting criminals evade criminal punishment, illegally issuing permits to cut lumber, crime of handling entry and exit documents for persons crossing borders illegally, misappropriating designated funds, illegally depriving citizens' right to freedom of religion, encroaching on minority customs, retaliation against accountants or statisticians, as well as public employees of than judicial personnel using authority to perpetrate crimes of unlawful confinement, abuse of persons in custody, and unlawful searches.

Article 28: Supervision organs are to investigate public employees suspected of crimes of dereliction of duty in accordance with law, including criminal dereliction of duty, criminal dereliction of duty by personnel of state-owned companies, enterprises, or public institutions; negligently being tricked in concluding or performing on contracts, employees of state organs negligently being tricked in concluding or performing on contracts, dereliction of duties in environmental regulation, dereliction of duties in disease prevention and control, dereliction of duties in commodity inspections, dereliction of duties in animal and plant quarantine, not rescuing women or children that have been trafficked or kidnapped, causing the destruction or loss of precious artifacts through dereliction of duty, or negligently leaking state secrets.

Article 29: The supervision organs are to investigate public employees suspected of crimes twisting the law for personal gain in accordance with law, including criminally converting shares or selling state-owned assets at low prices for personal gain, illegally approving expropriation, requisition, or occupation of land; illegally selling state-owned land use rights, illegally operating a business in the same industry [one regulates], illegally seeking benefit for family and friends, perverting the law in arbitration, twisting the law for personal gain by selling official receipts, tax deductions, or export tax refunds; twisting the law for personal gain in commodity inspections, twisting the law for personal gain in plant and animal quarantine, allowing smuggling, allowing the production or sale of counterfeit or shoddy goods, twisting the law for personal gain in recruiting civil servants or students, twisting the law for person gain in not transferring criminal cases, illegally providing export tax refund receipts, twisting the law for personal gain by not collecting or not fully collecting taxes.

Article 30: The supervision organs are to investigate public employees suspected of crimes of major at-fault accidents during the exercise of public power in accordance with law, including crimes of major at-fault accidents, major safety incidents in educational facilities, at-fault accidents in fire safety, major labor safety incidents, ordering or organizing others to take risks in violation of rules, not reporting or falsely reporting safety incidents, safety incidents in railway operations, major aviation accidents, major safety incidents in large-scale public activities, causing accidents with hazardous materials, and major safety incidents in construction.

Article 31: The supervision organs are to investigate public employees suspected of other crimes in the exercise of public power in accordance with law, including crimes of undermining elections, criminal breach of trust harming the interests of listed companies, financial workers sale or purchase of counterfeit currency or exchanging counterfeits for currency, insider trading, fraudulently enticing investors to buy securities or futures contracts, breaching trust in the use of entrusted assets, illegally using funds, illegally issuing loans, collecting client funds without recording them, illegally issuing financial receipts; accepting, making payment on, or guaranteeing illegal bills; illegally transferring or reselling land use rights; unauthorized opening, concealing, or destruction of mail or telegrams; intentionally delaying delivery of mails, leaking case information that should not be disclosed; disclosing or reporting case information that should not be made public, and transporting unqualified military personnel.

Article 32: Supervision organs that discover leads on violations or crimes over which other organs have jurisdiction in accordance with law shall promptly transfer them to the organ with jurisdiction.

After supervision organs complete investigations, where administrative punishments or other dispositions shall be given to the person under investigation, it is to be transferred to the relevant organs.

Section 4: Supervision Disposition

Article 33: Supervision organs are to make decisions on governmental sanctions for public employees who break the law on the basis of the Supervision Law, the Law on Governmental Sanctions for Public Employees of the PRC, and other such provisions.

Article 34: Where supervision organs pursue public employees with direct responsibility for breaking the law, they are also to hold leaders accountable in accordance with law for performing their duties inadequately or dereliction of duties that caused serious consequences or vile impact.

Supervision organs shall form an investigation group to lawfully carry out investigations into accountability. After the investigation concludes a report is to be formed following collective deliberation, a decision on accountability is to made directly in accordance with management authority, or a written recommendation is to be submitted to the state organ or unit that has authority to make a decision on accountability.

Article 35: Where upon investigation of persons suspected of crimes abusing public office the supervision organs find the facts of the crime are clear, the evidence is credible and sufficient, and that is necessary to pursue criminal responsibility, it is to be transferred to the people's procuratorate for review for prosecution.

Article 36: Where based on the outcomes of oversight and investigation the supervision organs discover that the unit to which the subject of supervision belong has issues that need correcting in areas such as establishing clean governance, restricting power, oversight and management, system implementation, as well as performance of duties, a supervision recommendation is to be issued in accordance with law.

The supervision organs shall follow up to learn about whether the unit receiving the supervision organ has adopted it, and guide and urge it to make corrections within a limited time, to promote the supervision recommendation's full implementation.

Chapter III: Scope and Jurisdiction of Supervision

Section 1: Targets of Supervision

Article 37: Supervision organs are to conduct supervision of all public employees and related persons who exercise public power.

Article 38: The scope of 'civil servants' as used in item (1) of Supervision Law article 15 is determined on the basis of the Civil Servants Law of the PRC.

Persons managed with reference to the Civil Servants Law of the PRC as used in item (1) of Supervision Law article 15 refers to staff of public institutions that are authorized by laws or regulations to exercise public affairs management functions, for whom management with reference to the Civil Servants Law has bee approved.

Article 39: "Personnel engaged in public affairs at organizations authorized by laws or regulations, or lawfully retained by state organs, to manage public affairs" as used in item (2) of Supervision Law article 15 refers to personnel in the organizations described above, other than those managed with reference to the Civil Servants Law of the PRC, who have duties of organizing, leading, managing, or overseeing the performance of public affairs, including personnel engaged in public affairs at organizations such as industry associations that have public affairs management functions, as well personnel engaged in public affairs at legally-prescribed inspection, testing, and quarantine bodies, and so forth.

Article 40: The "management of state-owned enterprises" as used in item (3) of Supervision Law article 15 refers to the following personnel at state-owned enterprises:

(1) Personnel who perform duties such as organization, leadership, management, and oversight at state-owned sole proprietorships, wholly-owned companies, and enterprises;

(2) Personnel who have been nominated, recommended, appointed, approved, and so forth by Party organizations or state organs, state-owned sole proprietorships or wholly-owned companies or enterprises, or public institutions to perform duties such as organization, leadership, management, oversight, or business operations in state-owned holding companies or shareholding companies, as well as their branch establishments;

(3) Personnel who have been approved to engage in work such as organization, leadership, management, oversight, or business operations.

Article 41: "Personnel engaged in management in public education, scientific research, culture, health care, sports and other such units" as used in item (4) of Supervision Law article 15 refers to personnel engaged in organization, leadership, management, oversight, and other such activities at enterprises and public institutions such as for education, scientific research, culture, health care, sports, and so forth that were organized by state organs or other organizations using state-owned assets, by the state for the societal public interest.

Article 42: "Personnel engaged in collective affairs management at basic-level autonomous mass organizations" as used in item (5) of Supervision Law article 15 refers to the following persons in those organizations:

(1) Personnel engaged in the management of collective affairs and public interest matters;

(2) Personnel engaged in the management of collective funds, property, or resources;

(3) Personnel assisting people's governments engage in administrative management efforts including engaging in the management of disaster relief, disease prevention, emergency rescue, flood prevention, special support, poverty alleviation, immigration, and relief funds; management of funds donated by the public for public interest matters;

Article 43: The following persons are 'other personnel who perform public duties in accordance with law" as used in item (6) of Supervision Law article 15:

(1) representatives of all levels of people's congress, members of all levels of Chinese People's Political Consultative Conference, people's assessors, and people's supervisors;

(2) Personnel who are not entered in state organs' personnel roster but who engage in public affairs at state organs;

(3) Persons engaged in activities such as organization, leadership, management, oversight, or business operations that have been nominated, recommended, appointed, approved, and so forth by Party organizations, or state organs, companies or enterprises that are state-owned whole proprietorships or entirely state funded, organizations that have duties of managing and oversight state-owned and collective assets in state-funded enterprises, and public institutions, in collective economic organizations and other non-state owned units and organizations.

(4) Personnel who represent state organs, state-owned companies and enterprises, public institutions, or people's organization by temporarily performing duties such as organizing, leading, managing, and supervising public affairs in bid evaluation committees, negotiation teams, or inquiry groups established in accordance with law;

(5) Others personnel who exercise public power in accordance with law.

Article 44: Where relevant organs, units, or organizations collectively make illegal decisions or implement illegal conduct, The supervision organ shall pursue the legal responsibility of public employees among the responsible leaders and directly responsible personnel.

Section 2: Jurisdiction

Article 45: Supervision organs are to carry out oversight, investigations, and dispositions in accordance with the principle of combining management authority and territorial jurisdiction, and carry out a system of graded responsibility.

Article 46: In accordance with their management authority, supervision commissions at the districted-city level and above are to lawfully have jurisdiction over cases of violations and crimes abusing public office by public employees managed by the Party committee at the same level.

In accordance with their management authority, supervision commissions at the county level and supervision commissions for directly governed municipalities regions (counties) are to lawfully have jurisdiction over cases of violations and crimes abusing public office by public employees in the corresponding jurisdictional region.

In accordance with article 13 and 49 of these Regulations, all levels of local supervision commission may lawfully have jurisdiction over cases of violations and crimes abusing public office by public employees at work units in the corresponding jurisdictional region.

Supervision organs' investigation of cases of suspect crimes abusing public office by public employees may take jurisdiction in accordance with law over persons other than public employees that are involved in cases of bribery, acting as an intermediary for bribery, or joint crimes abusing public office. Where persons other than public employees are suspected of using influence to accept bribes, the supervision organ with jurisdiction is to be determined in accordance with the public employee management authority they used.

Article 47: in any of the following circumstances where higher-level supervision organs find it would be more appropriate for them to have jurisdiction over cases of violations or crimes abusing public office that are in the jurisdiction of a supervision organ at the level below, they may put jurisdiction at the higher level:

(1) it has a major impact in the jurisdictional region;

(2) it involves supervision subjects in the jurisdiction of multiple lower-level supervision organs, and it will be difficult to carry out investigation efforts;

(3) Other major or complex cases where jurisdiction at a higher level is required.

Where higher-level supervision organs find it necessary, they may directly investigate cases with a major impact that are in the jurisdiction of any level of supervision organ in their jurisdiction in accordance with law, or may organize, command, and participate in the investigation.

In any of the circumstances provided for in the first paragraph, all levels of local supervision organ may request that the supervision organ at the level above take jurisdiction of cases of violations or crimes abusing public office over which they have jurisdiction.

Article 48: Higher-level supervision organs may designate lower-level supervision organs to take jurisdiction of cases over which they have jurisdiction.

Where supervision commissions at the districted-city level designate a lower level supervision commission to take jurisdiction over cases of suspected violations or crimes abusing public office by public employees managed by the same level of Party committee, they shall report to the provincial-level supervision commission for approval; where the provincial level supervision commissions designate a lower level supervision commission to take jurisdiction over cases of suspected violations or crimes abusing public office by public employees managed by the same level of Party committee, they shall report to the State Supervision Commission for recording.

In any of the following circumstances where higher-level supervision organs find it would be more appropriate for another lower-level to have jurisdiction over cases of violations or crimes abusing public office that are in the jurisdiction of a lower-level supervision organ, they may designate another lower-level supervision organ to take jurisdiction.

(1) Where jurisdiction is contested;

(2) Where designating jurisdiction is conducive to just handling of the case;

(3) Where lower-level supervision organs request designated jurisdiction;

(4) Other cases where jurisdiction needs to be designated.

Without the permission of the supervision organ that designated jurisdiction, the lower-level supervision organ designated for jurisdiction must not have jurisdiction of the case designated again. Where new leads on violations or crimes abusing public office, or other important situations or major problems, are discovered, a report and request for instruction shall be promptly made to the supervision organ that designated jurisdiction.

Article 49: 工作单位在地方、管理权限在主管部门的公职人员涉嫌职务违法和职务犯罪,一般由驻在主管部门、有管辖权的监察机构、监察专员管辖;经协商,监察机构、监察专员可以按规定移交其工作单位所在地的地方监察委员会调查,或者与地方监察委员会联合调查。 Leads on issues with the public employees described above that are learned about in the work of local supervision commissions shall be reported to supervision bodies or supervision commissioners stationed in the regulatory departments or that have jurisdiction, and have discussions to designate jurisdiction.

Local supervision commissions may take jurisdiction of other public employees suspected of violations or crimes abusing public office in the units provided for in the preceding paragraph; and where supervision bodies or supervision commissioners stationed in the regulatory departments open a case and investigate on their own, they shall promptly report to the local supervision commission.

Local supervision commissions investigating the cases provided for in the preceding two paragraphs shall report important circumstances such as opening a case, retention in custody, transfer to the justice organs, or withdrawal of the case, to the supervision bodies or supervision commissioners stationed in the regulatory departments..

Article 50: Where supervision organs handling cases involving the supervision subjects of other supervision organs find it necessary to open a case and investigate, they shall request that the supervision organs with management authority open a case and investigate it in accordance with law. When requesting that a case be opened, they shall provide basic information on the persons involved in the case, the facts of the suspected violations or crimes that have already been ascertained, as well as relevant evidence materials.

Where the supervision organs taking on the handling of the case find that more appropriate to merge investigations, they may report to the higher-level supervision organ with authority to make a decision to designate jurisdiction.

Article 51: Where public employees are suspected of corruption, dereliction of duty, and other serious violations and crimes abusing public office, and are also suspected of crimes in the jurisdiction of the public security organs, people's procuratorates, or other organs, the supervision organs are to be the primary investigation in accordance with law; and the supervision organs shall take responsibility for organization and coordination, coordinating the progression of the supervision and criminal investigations, and negotiating the use of supervision and criminal investigative measures and other important matters.

Article 52: When necessary, supervision organs may investigate crimes perpetrated by judicial personnel through the abuse of their authority that infringe on citizens' rights and interests or harm judicial fairness, and promptly report to the people's procuratorate at the same level after opening a case.

In the investigation of crimes abusing public office such as corruption and bribery by judicial personnel, other suspected crimes provided for in the preceding paragraph may be investigated as well, and a report is to be made to the people's procuratorate at the same level. Where people's procuratorates handling cases that they directly accept and investigate discover that there are also leads on other suspected crimes abusing public office by the suspect that are within the jurisdiction of the supervision organs, and after communication transfer it to the jurisdiction of the supervision organs, the supervision organs shall conduct an investigation in accordance with law.

Article 53: Supervision organs may conduct an investigation in accordance with law into violations or crimes abusing public office by retired public employees either before or after they retired, or committed by public employees who have left office or died during the period of their service.

Jurisdiction of the persons in the preceding paragraph is to be designated with a supervision organ in accordance with their former position, but where it would be more appropriate for another supervision organ to take jurisdiction, the other supervision organs can be designated for jurisdiction, or jurisdiction may be handed to them.

Chapter IV: Supervision Authority

Section 1: General Requirements

Article 54: Supervision organs shall strengthen oversight of the construction of law enforcement regulations, strengthen approvals and regulation in supervision and authority, employ relevant measures in strict accordance with the scope, procedures, and timing provided for in the Supervision Law, these Regulations, and other regulations and system rules, and issue legal documents to relevant units and individuals in accordance with law

Article 55: Supervision organs employing interrogation, retention in custody, freezing of assets, searches, sealing of property, seizures, or wanted bulletins shall do so after opening a case. During preliminary verification, measures of having a talk, questioning, inquiries, inquest inspections, evaluations, technical investigation, and restricting exits from the country. Supervision organs at or below the districted-city level must not employ technical investigation measures during the preliminary verification.

Based on the specific circumstances, corresponding supervision measures may be employed in carrying out accountability investigations.

Article 56: In important evidence collection efforts such as interrogations, searches, sealing of assets, or seizures, as well as important talks and questioning, the entire process shall be audio or visually recorded, and the integrity of the audio or visual recording is to be preserved. The audio or visual materials shall be properly looked after and retained for future reference.

Where supervision organs collect simultaneous audio or visual recordings from the people's procuratorates and people's courts, it shall be provided in accordance with law upon review and approval.

Article 57: Where supervision organs need to speak with other supervision organs for assitance in collecting evidence materials, they shall issue the documents for the relevant measures and a Letter Entrusting Investigation; where they speak with other supervision organs for normal assistance in employing measures, they shall issue documents for the relevant measures and a Letter Requesting Assistance in Employing Measures. Where the matter in which assistance is requested involves supervision subjects in the jurisdiction of the assisting supervision organs, the assisting supervision organ is to reported for approval in accordance with management authority of the persons involved.

Supervision organs shall assist and cooperate in accordance with law with requests for assistance issued by other supervision organs.

Article 58: Where related persons need to be notified or informed in employing supervision measures, it shall be handled in accordance with law. Notice includes both oral and written forms, but informing shall be done in writing. When giving notice orally, a work record shall be made of the relevant circumstances; where notice or information is given in writing, it may be directly delivered, mailed, handed over, or sent through other channels, with the related receipts or verifications attached to the case file.

Where there is no way to give notice or to inform, or the relevant persons refuse receipt, the investigators shall indicate this in the document.

Section 2: Evidence

Article 59: Supervision organs' determination of case facts shall be based on evidence, fully and objectively gathering and fixing all evidence showing whether or not the person being investigated committed violations or crimes as well as whether the circumstances were serious or minor, to put together a chain of evidence that is mutually corroborative, complete, and stable.

Where there is only a statement or confession from the person being investigated and no other evidence, the facts of the case may not be determined; where there is no statement or confession from the person being investigated but the evidence meets the lawful standard, the facts of the case may be determined.

Article 60: All materials that may be used to prove the facts of the case are evidence, including:

(1) physical evidence;

(2) documentary evidence

(3) Witness testimony

(4) Victim statements

(5) Statements, confessions and justifications of the person under investigation;

(6) evaluation opinions;

(7) Records such as those from examinations, inspections, identifications, and investigation experiments;

(8) audio or visual materials and electronic data;

(9) Other materials that may be used to prove the facts of the case.

When supervision organs gather or collect evidence from units or individuals, they should inform them that evidence must be truthfully provided in accordance with law. Legal responsibility is to be pursued in accordance with law where materials are not provided as requested, relevant information is leaked, evidence is fabricated, concealed or destroyed, or where false circumstances are provided or others are obstructed from providing evidence

Evidence materials collected by the supervision organs in accordance with the Supervision Law and these Regulations may be used as evidence in criminal proceedings upon a review showing that they meet the legally-prescribed requirements.

Article 61: Evidence must be verified as true before it can be the basis of a case verdict. The review and assessment of evidence shall be conducted through an overall judgment including factors such as the specific circumstances of the case, the degree of relevance between the evidence and facts to be proven, the interrelations of different pieces of evidence, and whether the evidence was collected following legal procedure.

Article 62: The facts shall be clear and the evidence conclusive in cases of violations and crimes abusing public office for which the supervision organ completes an investigation. Conclusive evidence shall meet the following requirements:

(1) The facts for the characterization and disposition all have evidence proving them;

(2) The evidence for the verdict is true and lawful;

(3) There are no contradictions that cannot be excluded between evidence on which the verdict is based;

(4) The facts determined by all evidence of the case taken together are clear and convincing.

Article 63: In cases of crimes abusing public office investigated by the supervision organs, the facts shall be clear and the evidence credible and sufficient. Evidence that is credible and sufficient shall meet the following requirements:

(1) facts on guilt and sentencing all have evidence supporting them;

(2) All evidence on which the judgment is based must have been verified as true through statutory procedures ;

(3) All evidence of the case taken together, excludes all reasonable doubt as to the identified facts.

Where the evidence is insufficient, the case must not be transferred to the people's procuratorate to be reviewed for prosecution.

Article 64: The gathering of evidence by violence, threats, enticements, fraud, illegal restrictions of physical liberty, and other illegal means is strictly prohibited; and berating, striking, abusing, and direct or covert corporal punishment of the persons under investigation, persons involved in the case, and witnesses, is strictly prohibited.

Article 65: Confessions by the person being investigated, witness testimony, and victim statements gathered through the investigators' use of violence, threats, and unlawful restrictions of physical liberty, or other unlawful means, shall be excluded in accordance with law.

"Violent methods" as used in the preceding paragraph refers to the cruel tactics of using beatings, illegal use of restraints, and other such methods, or indirect corporal punishment to cause someone to endure unbearable suffering and give a confession, testimony, or statement against their will; "threats" refers to the use of threats of violence or serious harm to the lawful rights and interests of a person or their family to cause someone to endure unbearable suffering and give a confession, testimony, or statement against their will.

Where the gathering of physical or documentary evidence does not comply with legally prescribed procedures and might seriously impact the fair handling of the case, supplementation, and correction or a reasonable explanation shall be provided; where it cannot be supplemented and corrected, or have a reasonable explanation provided, that evidence shall be excluded.

Article 66: Supervision organs' departments for supervision inspections, investigations, case trials, case oversight and management, and so forth that discover possible situations of illegal evidence gathering by supervision personnel during the handling of a case shall conduct an investigation and verification based on their duties. Where the person being investigated makes an accusation or gives information on investigators' use of illegal methods of evidence gathering, and provide materials or leads such as the personnel, times, location, means, and substance involved in the suspected illegal evidence gathering, it shall accept it and an examination shall be conducted. Where it is not possible to prove that the evidence was obtained legally based on the currently available materials, an investigation and verification shall be conducted.

Where after review and verification illegal evidence gathering is confirmed or cannot be excluded, the relevant evidence is to be excluded in accordance with law and must not be the basis for a determination of character, disposition, or transfer for review for prosecution. Where investigators illegally acquired evidence, it shall be handled in accordance with law, and investigators shall be assigned to newly investigate and obtain evidence.

Where supervision organs receive accusations or reports that investigators of the supervision organ at the level below used illegal methods of gathering evidence, they may directly conduct an investigation to verify, or it may give it to a lower-level supervision organ for investigation and verification. Where it is given to the lower-level supervision organ for investigation and verification, that supervision organ shall promptly report the outcome of the investigation to the higher-level supervision organ.

Article 67: Collected evidence and seized property shall be looked after appropriately, strictly implementing formalities for its transfer and use, periodically and regularly checking on it, it must not be used, exchanged, destroyed, or disposed of in violation of rules.

Article 68: After reviewing that they meet the legally-prescribed requirements, supervision organs may use evidence materials gathered by administrative organs during administrative law enforcement as evidence, including physical and documentary evidence, audiovisual materials, electronic data, records of inquests or inspections, as well as evaluation opinions.

Evidence gathered by organizations exercising state administrative management authority on the basis of laws or administrative regulations during administrative law enforcement or case investigation shall be viewed as evidence gathered by an administrative organ.

Article 69: After reviewing that they meet the legally-prescribed requirements, supervision organs may use evidence materials gathered by the people's courts, people's procuratorates, public security organs, state security organs, and others in criminal proceedings as evidence, including physical and documentary evidence, audiovisual materials, electronic data, records of inquests, inspections, identifications, and investigative tests, as well as evaluation opinions.

Where supervision organs handle cases of violations or crimes abusing public office, evidence materials admitted in the effective criminal judgments or rulings of people's courts and non-prosecution decisions from the people's procuratorates may be directly used as evidence.

Section 3: Conversation

Article 70: In addressing issues and leads, preliminary verification, and opening a case for investigation, the supervision organs may speak to the subject of supervision and request that they truthfully explain the circumstances or make a statement.

When supervision organs carry out such a conversation, the number of people responsible for it must not be fewer than two.

Article 71: In addressing ordinary issues and leads, conversations may be employed to give warnings, criticism, or education to the supervision subject. A work site or other such location shall be selected to conduct conversations, with clear notice given on the matter being discussed and emphasizing talking through the issues to achieve an education effect.

Article 72: Where a conversation is employed to address issues and leads, upon review and approval the conversation may be conducted by supervision personnel or by entrusting the principal responsible person for the unit of the person being spoken to.

Supervision organs having a conversation shall put together notes or records of the conversation. After the conversation is concluded, in light of the circumstances they may request that the person being spoken to make a written explanation within 15 working days. The person being spoken with shall sign each page of the written explanation and shall also sign any corrections.

Where the conversation is entrusted, the person being entrusted shall carry out the conversation within 15 working days of receiving the letter of entrustment. After the conversation is concluded, the circumstances of the conversation are to be promptly put together and sent to the supervision organ, and when necessary, explanation materials from the person spoken to are to be attached.

Article 73: Supervision organs carrying out preliminary verification efforts are ordinarily not to have contact with the person be inspected, but where it is necessary to have a conversation with them, it shall be reported for approval in accordance with provisions.

Article 74: Supervision organs may lawfully conduct a conversation with persons suspected of violations or crimes abusing public office who are being investigated after a case is opened.

When speaking to the person being investigated for the first time, a Written Notice of Rights and Obligations for Persons Being Investigated is to be presented, and they are to sign it and leave a fingerprint. Where the person being investigated refuses to sign or leave a fingerprint, the investigators shall note this in the document. Where the person being investigated's physical liberty has not been restricted, a Written Notice of Conversation shall be presented the first time they are spoken to.

When speaking to persons under investigation who are suspected of serious violations abusing public office, the entire process shall be simultaneously recorded as audio or video, and notify the person being investigated. The notification shall be reflected in the audio or visual recording, and noted in the notes.

Article 75: After a case is opened, when speaking with a person being investigated whose physical liberty has not been restricted, it shall be conducted in a venue that has the capacity to ensure safety.

Investigators shall notify a person assigned by the unit of the person being investigated or their family member to accompany them to the designated location, and the investigators shall complete formalities for the transfer with the accompanying persons and fill out an Accompaniment and Transfer Form。

Article 76: Where investigators have a conversation with persons being investigated who are in retention in custody, it is to be conducted in accordance with the legally-prescribed procedures.

Where criminal suspects or defendants who are in custody are spoken with, a letter of introduction issued in the name of the supervision organ and employment identification should be brought, and assistance in handling it is to be requested from the organs in charge of the case.

When speaking with persons serving a sentence in a detention center or prison, a letter of introduction issued in the name of the supervision organ and employment identification should be brought.

Article 77: When conducting an investigation conversation with a person under investigation who is in retention in custody on a weekend, a reasonable time shall be arranged and the duration reasonably controlled, ensuring their diet and necessary rest time.

Article 78: Conversation noted shall be made at the site of the conversation. The notes shall be detailed and specific, truthfully reflecting the conversation. After the drafting of the notes is completed, they shall be given to the person being investigated for review. Where the person being investigated is unable to read, it shall be read out to them.

Where there are omissions or errors in the notes, they shall be supplemented or corrected, and the person being investigated is to leave a fingerprint where it is supplemented or corrected. After the person being investigated confirms there are no errors, they are to sign and leave a fingerprint on each page. Investigators shall also sign the record. Where the person being investigated refuses to sign or leave a fingerprint, investigators shall indicate this in the notes.

Article 79: Where the person being investigated requests to write their own explanatory materials, it shall be permitted. When necessary, investigators may request that the person being investigated write their own explanatory materials.

The person being investigated shall sign and leave a fingerprint on each page of the explanatory materials and write the date on the last page. Where explanatory materials are revised, a fingerprint shall be left by the revisions. The explanatory materials shall be accepted by the two investigators who shall indicate the date of receipt and sign the first page.

Article 80: The provisions of articles 74-79 of these Regulations also apply to conversations during preliminary verification.

Section 4: Interrogation

Article 81: The supervision organs may lawfully conduct an interrogation and request a truthful confession of circumstances of suspected crimes from persons under investigation who are suspected of crimes abusing public office.

Article 82: The interrogation of persons under investigation who are in retention in custody shall be conducted inside the venue for retention in custody.

Article 83: Interrogations shall be conducted separately and there must not be fewer than two investigators.

When interrogating for the first time, a Written Notice of Rights and Obligations of Persons Being Investigated is to be presented to the person being interrogated, and they are to sign it and leave a fingerprint. Where the person being interrogated refuses to sign or leave a fingerprint, investigators shall indicate this in the document. Where the person being interrogated's physical liberty has not been restricted, a "Written Notice of Interrogation" shall be presented the first time they are interrogated.

Interrogation is normally conducted in the following order:

(1) Verify basic information on the person being interrogated, including their name, other aliases, date of birth, household registration, citizen identification number, ethnicity, occupation, political status, educational background, work unit and position, residence, family situation, social background, whether they are a deputy to a party congress or peoples’ congress or political consultative conference, whether they have received Party discipline or governmental sanctions, whether they have received criminal punishments, and so forth;

(2) Notify the person being interrogated that truthfully confessing their own crimes may result in a lenient disposition in accordance with law, and of the legal provisions on admitting guilt and accepting punishment.

(3) Interrogate a criminal suspect about whether they have committed any criminal acts and have them state the facts of a crime or explain his or her innocence; allowing consecutive statements.

The questions posed by interrogators shall be related to the case. The person being interrogated shall truthfully answer the interrogators' questions. Interrogators shall earnestly check the person being interrogated's justifications.

During interrogations, the person being interrogated is to be notified that the entire process is being simultaneously recorded. The notification shall be reflected in the audio or visual recording, and noted in the notes.

Article 84: The requirements of articles 75 through 79 of these Regulations also apply to interrogations.

Section 5: Questioning

Article 85: After reporting for approval, supervision organs may conduct questioning of persons such as witnesses and victims in accordance with law to learn about and verify relevant issues or circumstances of the case.

Article 86: Where witnesses' physical liberty has not been restricted, questioning may be conducted at their workplace, residence, other places that they suggest, and they may also be notified to appear at a designated location for questioning. Where questioning is conducted at a location suggested by the witness or at a location designated by investigators, this shall be indicated in the notes.

Where investigators find that is necessary, or where witnesses submit that it is necessary for personnel appointed by their unit or family members to accompany them to the location of questioning, formalities for a hand over shall be completed, and a 'Accompaniment and Hand-over Form shall be completed.

Article 87: Questionings shall be conducted separately and there must not be fewer than two investigators.

When questioning for the first time, a Written Notice of Rights and Obligations is to be presented to the witnesses and they are to sign it and leave a fingerprint. Where the witness refuses to sign or leave a fingerprint, the investigators shall note this in the document. Where the witnesses' physical liberty has not been restricted, a "Written Notice of Questioning" shall be presented the first time they are questioned.

During questioning, the witnesses' identity shall be verified and their basic situation shall be clarified through questioning, the witnesses shall be notified that they shall truthfully provide evidence and testimony, and of the legal responsibility that shall be borne for perjury or concealing evidence. The circumstances of the case must not be leaked to witnesses, and illegal methods must not be used to obtain testimony.

When questioning important witnesses in major cases or cases with social impact, a simultaneous audio or visual recording shall be made of the entire process of the questioning, and the witnesses are to be notified. The notification shall be reflected in the audio or visual recording, and noted in the notes.

Article 88: Where it is necessary to question minors, their legal representative shall be notified to appear. Where there is no way to give notice, or their legal representative cannot appear, other persons such as the minors' other adult relatives, or representatives of their school or the basic level organization for their residence may also be informed to appear. After questioning is concluded, the legal representative or relevant personnel are to sign the record. The investigators shall note the location in the case file.

When questioning deaf or mute persons, a person familiar with sign language for deaf or mute persons shall participate. Investigators shall indicate that the witness is deaf or mute in the record. There shall be translators in questioning witnesses who do not understand the common language and text. After questioning is concluded, the interpreters are to sign the record.

Article 89: Any person that knows the situation of a case has an obligation to testify. Witnesses that intentionally provide false information shall be pursued for legal responsibility in accordance with law.

Witnesses and all other persons must not help the person being investigated in concealing, destroying, or fabricating evidence, or colluding testimony, and must not conduct other acts that disrupt investigative activities.

Article 90: Where witnesses, evaluators, or victims face physical danger either personally or to their close family as a result of giving testimony, and report to the supervision organs to request protection, the supervision organ shall accept them and conduct a review; where there is truly a threat to physical safety, the supervision organs shall employ necessary security measures. Where the supervision organs discover the existence of the circumstances described above, they shall proactively employ protective measures.

Supervision organs may employ one or more of the following protective measures:

(1) Don't disclose their true name, address, workplace, or other personal information;

(2) Prohibit specified personnel from having contact with the witness, appraiser or victim and their families.

(3) Adopt special measures to protect their person and residence;

(4) other necessary protective measures.

Where it is lawfully decided not to disclose witnesses', assessors', or victims' personal information such as their names, residential addresses, and work-units, may substitute pseudonyms and the like in place of this information in the interrogation records, or other legal documents and evidence materials. However, it shall separately submit a written explanation of the use of pseudonyms and clearly identify its classification level.

Where supervision organs require assistance in employing protective measures, they may request that the public security organs and other related units and individuals assist in accordance with law.

Article 91: The requirements of articles 76 through 79 of these Regulations also apply to questioning. Based on the circumstances, article 75 of these Regulations is to apply to the questioning of important persons involved in the case.

The provisions on questioning witnesses apply to the questioning of victims.

Section 6: Retention in Custody

Article 92: Where the conditions in paragraph 1 of Supervision Law article 22 are met, supervision organs investigating serious violations or crimes abusing public office may, upon review and approval in accordance with law, employ retention in custody against the person under investigation.

"Serious violations abusing public office" as provided for in Supervision Law article 22, paragraph 1, refers to the violations that the person under investigation is suspected of having serious circumstances based on the evidence that is already in hand, so that they might be given a governmental sanction of removal from a position or higher; and "important issues" refers to facts, circumstances, about the violations or crimes abusing public office that the person under investigation is suspected of that have an important impact in determining the nature of the offense, the verdict, sentencing, and so forth.

Already having a handle on some of the facts and evidence on violations or crimes, as provided for in the first paragraph of Supervision Law article 22, refers to having all of the following situations:

(1) There is evidence that a crime occurred;

(2) There is evidence proving that the crime was perpetrated by the person being investigated;

(3) The evidence showing that the person under investigation broke the law or committed a crime has already been investigated and verified.

'Some of the facts on the violations or crimes' may include both facts on a sole violation or crime or facts on any of multiple violations or crimes.

Article 93: In any of the following situations, it may be found that persons being investigated might flee or commit suicide as provided in item (2) of the first paragraph of Supervision Law article 22:

(1) They have taken steps to prepare for suicide, self-harm, or flight;

(2) Have previously attempted suicide, self-harm, or flight;

(3) Are planning to commit suicide, harm themselves, or flee;

(4) Other situations in which they might flee or commit suicide.

Article 94: In any of the following situations, it may be found that persons being investigated might collude testimony or fabricate, conceal, or destroy evidence as provided for in item (3) of the first paragraph of Supervision Law article 22:

(1) They have previously fabricated, concealed, destroyed, or transferred evidence, or planned to do so;

(2) The have previously coerced, intimidated, enticed, or bought witnesses, to disrupt witness testimony;

(3) Accomplices or others in the case or who have a close relation to the violations or crimes are at large, or important evidence has not yet been fully collected;

(4) Other situations where evidence might be colluded, concealed, or destroyed.

Article 95: In any of the following situations, it may be found that persons being investigated might have other conduct obstructing the investigation as provided for in item (4) of the first paragraph of Supervision Law article 22:

(1) They might continue to carry out illegal or criminal conduct;

(2) there is an actual risk of their endangering national security, public safety, or the social order;

(3) They might take revenge against informants, accusers, victims, or witnesses;

(4) they are at large;

(5) they refuse to come in without legitimate reason, seriously impacting the investigation;

(6) other conduct that might obstruct the investigation.

Article 96: Retention in custody must not be employed against the following persons:

(1) suffer from a serious illness and cannot care for themselves;

(2) Pregnant women or those currently nursing their own infant ;

(3) is the sole caretaker of a person lacking the ability to care for themselves.

After the circumstances described above have dissipated, retention in custody may be employed against the relevant persons as needed for the investigation.

Article 97: When retention in custody is employed, there must not be less than two investigators, and the retention in custody decision documents shall be read to the person in retention in custody with notice given to them of their rights and obligations, and they shall be requested to sign their name and leave a fingerprint. Where the person in retention in custody refuses to sign or leave a fingerprint, investigators shall indicate this in the document.

Article 98: After retention in custody is employed, the unit or family of the person being investigated shall be informed within 24 hours. Where they are notified in person, the relevant personnel are to sign a Notification of Retention in Custody. Where it is not possible to notify them in person, notice is to be given first by telephone, and the Notification of Retention in Custody is to be simultaneously sent by mail, fax, or other methods, and the relevant persons are to be requested to sign it.

Where notification is not suitable due to circumstances where there is the possibility of destroying or falsifying evidence, interfering with witness testimony or engaging in collusion, it shall be reported for approvals and recorded in the case file. After the circumstances obstructing the investigation have been eliminated, the person being retained in custody's unit and family shall be immediately informed.

Article 99: Where supervision organs at the county level or above need to request that the public security organs assist in employing retention in custody, they shall report for approval as provided and ask the public security organ at the same level for assistance in accordance with law. When requesting assistance, a Letter Requesting Assistance for Retention in Custody shall be issued listing the specific matters and recommendations for requested assistance, the time, place, and other content for employing assistance measures, and attach a copy of the Retention in Custody Decision.

Where due to the need to protect confidentiality, it is inappropriate to give advance notice of the person in retention in custody's name, an explanation may be made and confidentiality handling conducted.

Where it is necessary to request that public security organs assist in employing retention in custody in a different location, they shall report for approval as provided and issue a letter requesting assistance to the supervision organ at the same level for the location where assistance is requested, and that supervision organ is to request the local public security organs for assistance in accordance with law.

Article 100: During retention in custody, the lawful rights and interests of the person under retention in custody are to be ensured, their personality and ethnic customs are to be respected; their diet, rest, and safety are to be ensured, and medical services are to be provided.

Article 101: The period of retention in custody is not to exceed 3 months, calculated from the date on which retention in custody is announced. In any of the following situations and upon review and approval, it may be extended once, and the extension period must not exceed three months:

(1) where it's a major case seriously endangering national interests or the public interest;

(2) The case is complex, involves many people, huge amounts of money, or a wide scope;

(3) Important evidence has not yet been completely collected or important people involved in the case have not been brought in, making it necessary to continue investigating to clarify primary facts about the violations or crimes;

(4) Other circumstances that require an extension.

Where a Supervision Organ at the provincial level or below employs retention in custody measures, the extension of the period of retention in custody shall be reported to the Supervision Organ at the next higher level for approval.

Where the period for retention in custody is extended, the decision to extend the period of retention in custody shall be announced to the person in retention in custody before the period is complete, and they are to be requested to sign the Decision to Extend the Period of Retention in Custody, and leave a fingerprint. Where the person in retention in custody refuses to sign or leave a fingerprint, investigators shall indicate this in the document.

Notification of the extension of the period of retention in custody is to be implemented in accordance with the provisions of these Regulations on notice for employing retention in custody.

Article 102: Where it is not necessary to continue employing retention in custody, after reporting for approval as provided, retention in custody is to be promptly lifted.

Investigators shall announce the decision to lift retention in custody to the person in retention in custody, and have them sign the Decision to Lift Retention in Custody and leave a fingerprint. Where the person in retention in custody refuses to sign or leave a fingerprint, investigators shall indicate this in the document.

After retention in custody is lifted, the unit or family of the person in retention in custody shall be promptly informed. Investigators shall handle transfer formalities with the receiving party and have them sign the Notice of Lifting Retention in Custody. Where there is no way to give notice or the relevant persons refuse to sign, the investigators shall indicate this in the document.

Where the case is transferred to the people's procuratorate to be reviewed for prosecution, retention in custody is automatically lifted after the criminal suspect is taken into custody. The supervision organs shall promptly inform the unit or family of the person in retention in custody.

Article 103: Retention in custody venues shall establish and complete security work systems such as for confidentiality, fire prevention, medical care, diet, and security, draft emergency response plans, employ safety precaution measures, and prevent the occurrence of accidents and incidents.

Where during the period of retention in custody the persons in retention in custody die, are injured, escape or have other case-handling accidents occur, efforts to address it shall be promptly completed. The related circumstances shall be immediately reported to the principal responsible person for the supervision organ and reported up through the levels to the State Supervision Commission within 24 hours.

Section 7: Inquiries and Freezing

Article 104: As needed for work, supervision organs investigating serious violations or crimes abusing public office may, after reporting for approval as provided, make inquiries or freeze the savings, remittances, bonds, stocks, fund shares, and other assets of units and individuals involved in the case.

Article 105: When making inquiries or freezing assets, there must not be fewer than two investigators. Investigators shall present a Notification for Assistance in Making Inquiries into Assets or a Notification for Assistance in Freezing Assets, and give it to the banks, other financial institutions, or post for enforcement. Relevant units and individuals shall cooperate and strictly preserve confidentiality.

The account and content being inquired into, and other such information, shall be included in the "Notification for Assistance in Making Inquiries into Assets". Where there is no specific account number, information sufficient to determine the account or the natural person rights holder's name and identification number, or a legal person enterprise's name and uniform social credit code.

The account name and number, the amount to be frozen, and the period for freezing, and other such information, shall be included in the "Notification for Assistance in freezing Assets". The amount to be frozen shall be specific and clear, and where it is temporarily impossible to determine a specific amount, 'collection only, no payments' shall be written on the Notification for Assistance in Freezing Assets. When freezing securities and transaction settlement funds, it shall be clarified whether proceeds are within the scope of freezing.

In freezing assets, necessary funds for the livelihood of the person being investigated and relatives they support shall be reserved.

Article 106: As necessary, investigators may print, copy, reproduce, or photograph the inquiry results, and request that the relevant units affix a seal of proof. Where there are doubts as to the inquiry results, the relevant units may be requested to conduct a written explanation and affix a seal.

Article 107: Supervision organs shall strengthen the management of inquiry information and regulate procedures and formalities for exchanging, reading, and using it, to prevent abuse and leaks.

Investigators must not make inquiries into information that is unrelated to investigative efforts.

Article 108: The period for freezing assets must not exceed 6 months. Where the period for freezing expires without having completed formalities for continuing it, the freezing is automatically lifted.

Where the period for freezing needs to be extended for special reasons, it shall be reported for approval in accordance with the original procedures before the period expires, and freezing procedures shall be completed. The period for continuing freezing must not exceed six months each time.

Article 109: 已被冻结的财产可以轮候冻结,不得重复冻结。 轮候冻结的,监察机关应当要求有关银行或者其他金融机构在解除冻结或者作出处理前予以通知。

监察机关接受司法机关、其他监察机关等国家机关移送的涉案财物后,该国家机关采取的冻结期限届满,监察机关续行冻结的顺位与该国家机关冻结的顺位相同。

Article 110: 冻结财产应当通知权利人或者其法定代理人、委托代理人,要求其在《冻结财产告知书》上签名。 冻结股票、债券、基金份额等财产,应当告知权利人或者其法定代理人、委托代理人有权申请出售。

对于被冻结的股票、债券、基金份额等财产,权利人或者其法定代理人、委托代理人申请出售,不损害国家利益、被害人利益,不影响调查正常进行的,经审批可以在案件办结前由相关机构依法出售或者变现。 对于被冻结的汇票、本票、支票即将到期的,经审批可以在案件办结前由相关机构依法出售或者变现。 出售上述财产的,应当出具《许可出售冻结财产通知书》。

出售或者变现所得价款应当继续冻结在其对应的银行账户中;没有对应的银行账户的,应当存入监察机关指定的专用账户保管,并将存款凭证送监察机关登记。 监察机关应当及时向权利人或者其法定代理人、委托代理人出具《出售冻结财产通知书》,并要求其签名。

Article 111: 对于冻结的财产,应当及时核查。 经查明与案件无关的,经审批,应当在查明后三日内将《解除冻结财产通知书》送交有关单位执行。 解除情况应当告知被冻结财产的权利人或者其法定代理人、委托代理人。

Section 8: Searches

Article 112: In order to gather evidence of the crime or capture the person being investigated, supervision organs investigating cases of crimes abusing public office may conduct searches of persons, items, residences, workplaces, and other relevant places of the person under investigation as well as persons that might be concealing the person under investigation or evidence of the crime, after reporting for approval as provided.

Article 113: Searches shall be conducted presided over by investigators, and there must not be fewer than two investigators. Searches of women's persons are to be carried out by female personnel.

When searching, authenticating witnesses shall be present, such as the person being searched, their family, or personnel of their unit. Supervision personnel must not be authenticating witnesses. Investigators shall issue a Search Certificate to the person subject to the search, their family, or the authenticating witnesses. and they shall be requested to sign it. Where the person subject to the search or their family is not present, or they refuse to sign, investigators shall note this in the documents.

Article 114: When searching, persons at the scene shall be requested to cooperate and must not obstruct. Where methods such as violence or threats are used to obstruct searches, it shall be stopped in accordance with law. Where the obstruction of searches constitutes a violation or crime, legal responsibility is to be pursued in accordance with law.

Article 115: Where supervision organs at the county level or above need to request that the public security organs assist in employing searches in accordance with law, they shall report for approval as provided and ask the public security organ at the same level for assistance. When requesting assistance, a Letter Requesting Assistance in Searching shall be issued, listing the specific matter and recommendations for the search, the time, place, and purpose of the search, and other such content, and a hard copy of the Search Certificate is to be attached.

Where it is necessary to request that public security organs assist in employing a search in a different location, they shall report for approval as provided and issue a letter requesting assistance to the supervision organ at the same level for the location where assistance is requested, and that supervision organ is to request the local public security organs for assistance.

Article 116: A simultaneous audio or visual recording shall be made of the entire process of searches to acquire evidence.

A Search Record shall be made of the search conditions and signed by the investigators and the person subject to the search or their family, or authenticating witnesses. Where the person subject to the search or their family is not present, or they refuse to sign, investigators shall note this in the record.

Photographs shall be taken of captured documentary evidence, physical evidence, audio-visual recordings, and electronic data, as well as the locations of their disposal or storage, and a textual explanation shall be made in the Search Record.

Article 117: When searching, the presence of minors or others unsuited to be present at a search shall be avoided.

People who conduct a search shall follow instructions and enforce the law with civility; they must not harm items at the site of the search without reason and must not expand the targets and scope of the search on their own accord. The specific time and methods for searches shall be kept strictly confidential before the search is carried out.

Article 118: Where property and documents are sealed or seized in the course of a search, it is to be handled in accordance with the relevant provisions on sealing and seizure.

Section 9: Collection

Article 119: After reporting for approval, supervision organs may collect evidence materials to be used in proving the facts of the case from relevant units and individuals in accordance with law.

Article 120: When collecting evidence materials, there must not be fewer than two investigators. Investigators shall issue a Notification of the Collection of Evidence in accordance with law, and when necessary attach a List of Evidence Collected.

Relevant units and individuals that cooperate with supervision organs in collecting evidence shall strictly preserve confidentiality.

Article 121: The original shall be collected in collecting physical evidence. Where the original is not convenient to transport or store, or shall be returned in accordance with law, the original may be sealed, with a photo or video of it taken. When taking a photo or video of the original, it shall be sufficient to reflect the exterior and content of the original.

The original shall be collected in collecting documentary evidence and audiovisual materials. Where it is truly difficult to obtain the original copy, a duplicate or reproduction may be collected.

Where collecting a photo or video of physical evidence, or a copy or reproduction of documentary evidence or audiovisual materials, the reasons for being unable to collect the original shall be recorded in writing, as well the process of creating the copy, the location of the original, and whether the copy reflects the original; and the investigators and the person in possession of the original physical and documentary evidence, or audiovisual materials are to sign it and affix a seal. Where the person in possession cannot sign and affix a seal, or refuses to do so, this shall be noted in the record, and authenticating witness are to sign.

Article 122: Where collecting foreign texts to use as evidence, they shall be passed to qualified institutions and individuals to make a Chinese version. The Chinese version shall have the official seal of the translation institution affixed.

Where texts in minority languages are collected, they are to be handled with reference to the preceding paragraph.

Article 123: Where in collecting or extracting electronic data, the original storage media can be seized, they shall be seized and sealed, and the sealing of the electronic data's original storage medium is to be noted in the record. Where there is no way to seize the original storage medium, electronic data may be extracted, but the reasons why the original storage medium could not be seized shall be noted in the record, along with circumstances such as the original storage medium's location or the source of the electronic data.

Where for objective reasons there is no way, or it is unsuitable, for electronic data to be collected or extracted in accordance with the preceding paragraph, methods such as printing, photographing, or recording may be used to fix the evidence, and have the reasons explained in the records.

Where it can be ensured that collected or extracted electronic data is complete, with no deletions, revisions, additions, and so forth, it may be used as evidence.

Article 124: Where upon review it is found that original physical and documentary evidence or audiovisual materials are not related to the case, it shall be returned within three days of the finding after approval, and formalities for the handover are to be completed.

Section 10: Sealing and Seizure

Article 125: After reporting for approval in accordance with provisions, the supervision organs may seal or seize items, documents, electronic data, or other evidence materials that show the violations or crimes of which the person being investigated is suspected, as well as their seriousness.

Items in the possession of the person being investigated when they are brought in, as well as property and documents that are proactively handed over by the person being investigated or by others, are required to be seized in accordance with law, and are to be handled in accordance with the preceding paragraph. Personal items in the possession of the person being investigated that are unrelated to the case shall be individually registered, returned to their families, or transferred along with the case.

Article 126: When sealing or seizing, a Notification of Sealing or Seizure shall be issued, and there must not be fewer than two investigators. Where the person in possession refuses to hand over property or documents that shall be sealed or seized, the sealing or seizure may be compelled in accordance with law.

Investigators shall conduct an inventory check of the person being investigated's property and documents that have been sealed or seized in conjuntion with the authenticating witnesses at the scene and the person in possession of the sealed or seized property, issue an Inventory of Sealed/Seized Property and Documents, and have the person being investigated, authenticating witnesses, and persons in possession of items sign or affix a seal. Where the person in possession is not at the scene or refuses to sign or affix a seal, the investigators shall note this in the inventory.

In sealing or seizing property, funds and items necessary for the livelihood of the person being investigated and relatives they support, shall be reserved.

Article 127: For real property that is to be sealed or seized and facilities, furniture, and other property that is on the real property but is not suitable to be moved, as well as cars, watercraft, aircraft, and large machines, equipment, and other such property, their titles may be seized in accordance with law when necessary, and it may be sealed in its original location after taking photographs or video. Investigators shall note the location and characteristics of relevant property in the inventory of sealed property, and circumstances such as having taken photos or videos and seizure of the title, and the investigators, authenticating witnesses, and persons with possession are to sign it or affix a seal. Where the person in possession is not at the scene or refuses to sign or affix a seal, the investigators shall note this in the inventory.

When necessary, where sealing or seizing property provided for in the preceding paragraph, the property being sealed may be transferred to be looked after by the person with possession or their family. Investigators shall notify the person looking after them to do so appropriately, and that they must not transfer, sell, destroy, mortgage, donate, or otherwise dispose of the sealed property.

Investigators shall send a Nofiication of Sealing/Seizure to the local registration or administration department for real estate, manufacturing equipment, cars, ships, aircraft, and other property, and provide a notification that the property shall be prohibited from being mortgaged, transferred, sold, and or subject to other procedures modifying or transferring ownership. Where property that has been sealed or seized already has a registered mortgage, the mortgager shall be promptly notified. The relevant circumstances shall be noted in the inventory for sealing.

Article 128: Corresponding handling shall be conducted in accordance with law in the sealing or seizure of the following items:

(一)查封、扣押外币、金银珠宝、文物、名贵字画以及其他不易辨别真伪的贵重物品,具备当场密封条件的,应当当场密封,由二名以上调查人员在密封材料上签名并记明密封时间。 不具备当场密封条件的,应当在笔录中记明,以拍照、录像等方法加以保全后进行封存。 查封、扣押的贵重物品需要鉴定的,应当及时鉴定。

(二)查封、扣押存折、银行卡、有价证券等支付凭证和具有一定特征能够证明案情的现金,应当记明特征、编号、种类、面值、张数、金额等,当场密封,由二名以上调查人员在密封材料上签名并记明密封时间。

(三)查封、扣押易损毁、灭失、变质等不宜长期保存的物品,应当在笔录中记明,以拍照、录像等方法加以保全后进行封存,或者经审批委托有关机构变卖、拍卖。 变卖、拍卖的价款存入专用账户保管,待调查终结后一并处理。

(四)对于可以作为证据使用的录音录像、电子数据存储介质,应当记明案由、对象、内容,录制、复制的时间、地点、规格、类别、应用长度、文件格式及长度等,制作清单。 具备查封、扣押条件的电子设备、存储介质应当密封保存。 必要时,可以请有关机关协助。

(五)对被调查人使用违法犯罪所得与合法收入共同购置的不可分割的财产,可以先行查封、扣押。 对无法分割退还的财产,涉及违法的,应当在结案后委托有关单位拍卖、变卖,退还不属于违法所得的部分及孳息;涉及职务犯罪的,依法移送司法机关处置。

(六)查封、扣押危险品、违禁品应当及时送交有关部门,或者根据工作需要严格封存保管。

Article 129: 对于需要启封的财物和文件,应当由二名以上调查人员共同办理。 重新密封时,由二名以上调查人员在密封材料上签名、记明时间。

Article 130: 查封、扣押涉案财物,应当在采取措施后二十日内将涉案财物详细信息、《查封/扣押财物、文件清单》录入并上传监察机关涉案财物信息管理系统。

对于涉案款项,应当在采取措施后十五日内存入监察机关指定的专用账户。 对于涉案物品,应当在采取措施后三十日内移交涉案财物保管部门保管。 因特殊原因不能按时存入专用账户或者移交保管的,应当按规定报批,将保管情况录入涉案财物信息管理系统,在原因消除后及时存入或者移交。

Article 131: 对于已移交涉案财物保管部门保管的涉案财物,根据调查工作需要,经审批可以临时调用。 调用和归还时,调查人员、保管人员应当当面清点查验。 保管部门应当对调用和归还情况进行登记,全程录像并上传涉案财物信息管理系统。

Article 132: 对于被扣押的股票、债券、基金份额等财产,以及即将到期的汇票、本票、支票,依法需要出售或者变现的,按照本条例关于出售冻结财产的规定办理。

Article 133: 查封、扣押动产的期限不得超过一年,查封不动产的期限不得超过二年。 有特殊原因需要延长期限的,应当在到期前按原程序报批。

监察机关接受司法机关、其他监察机关等国家机关移送的涉案财物后,该国家机关采取的查封、扣押期限届满,监察机关续行查封、扣押的顺位与该国家机关查封、扣押的顺位相同。

Article 134: 对查封、扣押的财物和文件,应当及时进行核查。 经查明与案件无关的,经审批,应当在查明后三日内解除查封、扣押,予以退还。 解除查封、扣押的,应当向有关单位、原持有人或者近亲属送达《解除查封/扣押通知书》,附《解除查封/扣押财物、文件清单》,要求其签名或者盖章。

Article 135: 在立案调查之前,对监察对象及相关人员主动上交的涉案财物,经审批可以暂扣或者封存。

采取暂扣或者封存时,调查人员不得少于二人。 对于暂扣或者封存的财物,应当会同持有人、保管人或者见证人进行清点核对,当场填写《暂予扣留、封存涉案财物登记表》。 调查人员、持有人、保管人或者见证人应当在登记表上签名或者盖章。

对于暂扣、封存的财物,应当根据立案及调查情况及时决定是否依法查封、扣押。

Section 11: Inquest and inspection

Article 136: 监察机关按规定报批后,可以依法对与违法犯罪有关的场所、人身、痕迹、物品、尸体、电子数据等进行勘验检查。

Article 137: 依法需要勘验检查的,应当制作《勘验检查证》;需要委托勘验检查的,应当出具《委托勘验检查书》,送具有专门知识、勘验检查资格的单位(人员)办理。

Article 138: 勘验检查应当由二名以上调查人员主持,邀请二名与案件无关的见证人在场。 勘验检查情况应当制作笔录,并由参加勘验检查人员和见证人签名。

勘验检查现场、拆封电子数据存储介质应当全程同步录音录像。 对现场情况应当拍摄现场照片、制作现场图,并由勘验检查人员签名。

Article 139: 为了确定被调查人或者相关人员的某些特征、伤害情况或者生理状态,可以依法对其人身进行检查。 必要时可以聘请法医或者医师进行人身检查。 检查女性身体,应当由女性工作人员或者医师进行。 被调查人拒绝检查的,可以依法强制检查。

人身检查不得采用损害被检查人生命、健康或者贬低其名誉、人格的方法。 对人身检查过程中知悉的个人隐私,应当严格保密。

对人身检查的情况应当制作笔录,由参加检查的调查人员、检查人员、被检查人员和见证人签名。 被检查人员拒绝签名的,调查人员应当在笔录中记明。

Article 140: 为查明案情,在必要的时候,经审批可以依法进行调查实验。 调查实验,可以聘请有关专业人员参加,也可以要求被调查人、被害人、证人参加。

进行调查实验,应当全程同步录音录像,制作调查实验笔录,由参加实验的人签名。 进行调查实验,禁止一切足以造成危险、侮辱人格、造成不良影响的行为。

Article 141 : 调查人员在必要时,可以依法让被害人、证人和被调查人对与违法犯罪有关的物品、文件、尸体或者场所进行辨认;也可以让被害人、证人对被调查人进行辨认,或者让被调查人对涉案人员进行辨认。

辨认工作应当由二名以上调查人员主持进行。 在辨认前,应当向辨认人详细询问辨认对象的具体特征,避免辨认人见到辨认对象,并告知其作虚假辨认应当承担的法律责任。 When several indentifying persons are all identifying the same target, the identifiers shall do their identifications separately. 辨认应当形成笔录,并由调查人员、辨认人签名。

Article 142: 辨认人员时,被辨认的人数不得少于七人,照片不得少于十张。

辨认人不愿公开进行时,应当在不暴露辨认人的情况下进行辨认,并为其保守秘密。

Article 143: 组织辨认物品时一般应当辨认实物。 被辨认的物品系名贵字画等贵重物品或者存在不便搬运等情况的,可以对实物照片进行辨认。 辨认人进行辨认时,应当在对应的照片上签字确认。

辨认物品时,同类物品不得少于五件,照片不得少于五张。

对于难以找到相似物品的特定物,可以将该物品照片交由辨认人进行确认并在照片上签字。 在辨认人确认前,应当详细询问物品的具体特征,并对确认过程和结果形成笔录。

Article 144: 辨认笔录具有下列情形之一的,不得作为认定案件的依据:

(一)辨认开始前使辨认人见到辨认对象的;

(二)辨认活动没有个别进行的;

(三)辨认对象没有混杂在具有类似特征的其他对象中,或者供辨认的对象数量不符合规定的,但特定辨认对象除外;

(四)辨认中给辨认人明显暗示或者明显有指认嫌疑的;

(五)辨认不是在调查人员主持下进行的;

(6) Relevant regulations were violated and there is no way to verify the veracity of the identification record.

辨认笔录存在其他瑕疵的,应当结合全案证据审查其真实性和关联性,作出综合判断。

Section 12: Evaluation

Article 145 : After reporting for approval in accordance with provisions, the supervision organs may conduct evaluations in accordance with law in order to resolve specialized issues in cases.

An Entrustment of Evaluation document shall be issued when making evaluations, and two or more investigators are to send it to a qualified evaluation body for evaluators to conduct the evaluation.

Article 146: Supervision organs may lawfully carry out the following evaluations:

(一)对笔迹、印刷文件、污损文件、制成时间不明的文件和以其他形式表现的文件等进行鉴定;

(二)对案件中涉及的财务会计资料及相关财物进行会计鉴定;

(三)对被调查人、证人的行为能力进行精神病鉴定;

(四)对人体造成的损害或者死因进行人身伤亡医学鉴定;

(五)对录音录像资料进行鉴定;

(六)对因电子信息技术应用而出现的材料及其派生物进行电子证据鉴定;

(七)其他可以依法进行的专业鉴定。

Article 147: 监察机关应当为鉴定提供必要条件,向鉴定人送交有关检材和对比样本等原始材料,介绍与鉴定有关的情况。 调查人员应当明确提出要求鉴定事项,但不得暗示或者强迫鉴定人作出某种鉴定意见。

监察机关应当做好检材的保管和送检工作,记明检材送检环节的责任人,确保检材在流转环节的同一性和不被污染。

Article 148: 鉴定人应当在出具的鉴定意见、检验报告上签名,并附鉴定机构和鉴定人的资质证明或者其他证明文件。 多个鉴定人的鉴定意见不一致的,应当在鉴定意见上记明分歧的内容和理由,并且分别签名。

监察机关对于法庭审理中依法决定鉴定人出庭作证的,应当予以协调。

鉴定人故意作虚假鉴定的,应当依法追究法律责任。

Article 149: 调查人员应当对鉴定意见进行审查。 对经审查作为证据使用的鉴定意见,应当告知被调查人及相关单位、人员,送达《鉴定意见告知书》。

被调查人或者相关单位、人员提出补充鉴定或者重新鉴定申请,经审查符合法定要求的,应当按规定报批,进行补充鉴定或者重新鉴定。

Article 150: 经审查具有下列情形之一的,应当补充鉴定:

(1) There are clear omissions in the content of the evaluation.

(2) New exhibits of value to the evaluation are discovered;

(3) There are new requirements for the evaluation of exhibits;

(4) The evaluation opinon is not complete and there is no way to determine the entrusted matter.

(5) Other situations where the evaluation needs to be supplemented.

Article 151: 经审查具有下列情形之一的,应当重新鉴定:

(1) The evaluation was illegal or violated relevant professional technical requirements.

(二)鉴定机构、鉴定人不具备鉴定资质和条件的;

(三)鉴定人故意作出虚假鉴定或者违反回避规定的;

(4) The basis for the evaluation opinion is clearly insufficient.;

(5) The evaluated materials were false or damaged;

(6) Other situations where there shall be a new evaluation.

决定重新鉴定的,应当另行确定鉴定机构和鉴定人。

Article 152: 对案件中的专门性问题需要鉴定,但没有法定鉴定机构,或者法律法规规定可以进行检验的,可以指派、聘请具有专门知识的人进行检验,检验报告可以作为参考。

Section 13: Technical Investigation

Article 153: As needed for the investigation of major corruption and other crimes abusing public office, the supervision organs may employ technical investigation measures in accordance with law upon reporting for approval in accordance with the provided authority and procedures, and entrust the public security organs or relevant state law enforcement organs for enforcement.

Major corruption and other crimes abusing public office" as used in the preceding paragraph refers to any of the following circumstances:

(1) where it's a major or complex case involving national interests or major public interests;

(2) Where the person being investigated might be given a sentence of more than 10 years, life, or death;

(3) Cases with a larger impact throughout the nation, or in the province, autonomous region, or directly controlled municipality;

Article 154: Where technical investigation measures are employed in accordance with law, the supervision organs shall issue a Letter Entrusting the Adoption of Technical Investigation Measures, a Decision on the Adoption of Technical Investigation Measures, and a Target for the Application of Technical Measures Form, and transfer them to the relevant organ for enforcement. Among these, supervision organs at the districted-city level or below that are entrusting relevant enforcement organs to employ technical investigation measures shall also provide a Decision to Open a Case.

Article 155: The period for employing technical investigation measures is to be implemented in accordance with the Supervision Law, and they are to be automatically lifted when the period expires.

Where it is not necessary to continue employing technical investigation measures, the supervision organs shall report for approval as provided, and send a Decision to Lift Technical Investigation Measures to the relevant organs for enforcement.

Where it is necessary to change the type of technical investigation measures employed or add targets of their application in accordance with law, the supervision organs shall newly complete approval and entrustment formalities, and send them to the relevant organs for enforcement.

Article 156: Where information and materials collected through the use of technical investigation materials need to be used as evidence in criminal proceedings, the supervision organs shall report for approval as provided, and issue a Notification of Collection of Evidence through Technical Investigation Measures to the relevant enforcement organs to collect the evidence.

The supervision organs shall draft a written explanation of physical and documentary evidence collected through technical investigation measures, clarifying the time, location, quantity, and characteristics of the evidence obtained, as well as the organ that approved the employment of technical investigation measures, their type, and so forth. Investigators shall sign the written explanations.

If using evidence obtained through technical investigation measures might endanger relevant personnel's physical safety or might create other serious consequences, protective measures such as not revealing the relevant persons' identities, or technical methods shall be adopted. When necessary, it may be recommended that trial personnel verify the evidence outside of court.

Article 157: Investigators who become aware of state secrets, commercial secrets, or private personal information during the course of employing technical investigative measures shall preserve their confidentiality.

Information unrelated to the case that is acquired through the use of technical investigative measures shall be promptly destroyed after approval. A record shall be created of the destruction, and the investigators are to sign it.

Section 14: Wanted Notices

Article 158: Supervision organs at the county level or above that decide to issue a wanted notice in that administrative region for persons at large who shall be put in retention in custody shall report for approval as provided and send it to the public security organs at the same level for enforcement. When sending it for enforcement, a Decision for a Wanted Notice shall be issued, and legal documents such as the Retention in Custody Decision and information on the wanted person as well the unit and personnel undertaking the measures are to be attached.

Where the scope of wanted notices goes beyond that administrative region, the Decision for a Wanted Notice shall be reported to a higher-level supervision organ with the authority to make a decision, and the Retention in Custody Decision and other relevant materials are to be attached and sent to the public security organs at the same level for enforcement.

Article 159: Where the State Supervision Commission needs to request the Ministry of Public Security to issue a Ministry of Public Security wanted notice in accordance with law, it shall first request that the Ministry of Public Security employ online pursuit measures in accordance with law. If the circumstances are urgent, the Decision for a Wanted Notice and a Letter Requesting the Adoption of Online Pursuit Measures may be simultaneously issued to the Ministry of Public Security.

Where supervision organs at the provincial-level or below request that the State Supervision Commission request the Ministry of Public Security issue a Ministry of Public Security wanted notice, they shall first request that the local public security organs employ online pursuit measures.

Article 160: After supervision organs receive notice that the public security organs have captured a wanted person, they shall immediately verify the captured person's identity, and appoint personnel to handle transfer formalities within 24 hours of receiving the notice. In remote areas or where communication is inconvenient, it must not exceed 3 days at the latest.

Before the transfer, where public security organs temporarily send the captured persons to the local supervision organ's retention in custody facility for temporary keeping, the local supervision organ shall accept them and ensure safety during the period of their temporary custody, and keep work information strictly confidential.

Where supervision organs need to request that public security organs assist in returning captured persons, they shall report for approval as provided and request the local public security organs at the same level provide assistance in accordance with law. When requesting assistance, they shall issue a Letter Requesting Assistance for Retention in Custody and attach a copy of the Retention in Custody Decision and relevant materials.

Article 161: Where wanted persons have already been brought into the case or died, or where the retention in custody decision has been withdrawn in accordance with law, or where there are other circumstances making it unnecessary to employ wanted notice measures, then upon approval the supervision organs shall issue a 'Notification of Withdrawal of a Wanted Notice, and send it to the public security organs assisting with employing the prior measures.

Section 15: Exit Restrictions

Article 162: In order to prevent persons being investigated from escaping outside the [mainland] territory, after reporting for approval, the supervision organs may decide to employ measures to restrict exit in accordance with law, and send it to the bodies for immigration management for enforcement.

Article 163: Supervision organs employing exit restrictions shall issue a relevant letter, and send it together with a Decision to Restrict Exit to the immigration management bodies for enforcement. Among these, where border control measures are employed, they shall attach a 'Notification of Border Control Subjects'; and where employing measures of not permitting exit from the territory, they shall attach a Notification of Circulation and Filing of Persons Not to Be Permitted to Exit the Territory.

Article 164: The period for exit restrictions is not to exceed 3 months, and restrictions are lifted automatically when the period expires.

Where after the period expires it is necessary to continue employing the measures, it shall be reported for approval in accordance with the original procedures. The department taking it on shall issue relevant letters, and send them before the expiration of the period and together with a Decision on Extending the Period of Exit Restrictions to the immigration management bodies for enforcement. Extensions must not exceed 3 months each time.

Article 165: After supervision organs receive notice that subjects for border controls who it has been decided will be put in retention in custody have been found by port immigration management bodies, they shall handle transfer formalities and at the port within 24 hours. Where it is not possible to arrive promptly, the local supervision organs shall be entrusted to go to the port and handle the transfer authorities, and the local supervision organs shall assist.

Article 166: Where it is not necessary to continue employing exit restrictions, they shall be promptly lifted after reporting for approval as provided. The department taking it on shall issue relevant letters, and send them together with a Decision on Lifting Exit Restrictions to the immigration management bodies for enforcement.

Article 167: In important emergency circumstances, supervision organs at the county level or above may directly request that the port immigration management authority for the location of the port handle temporary exit restrictions.

Chapter V: Supervision Procedures

Section 1: Handling of Leads

Chapter 168: Supervision organs shall aggregate and accept leads on issues, collectively manage them, address them by type, and periodically sort them.

Article 169 : Supervision organs shall receive reported cases or information in accordance with law. Where it is within that level of supervision organ's jurisdiction, they shall accept them; where it is in the jurisdiction of another supervision organ, they shall transfer it to them within five working days.

Supervision organs may issue a letter to hand over reports and accusations to lower-level supervision organs, and conduct oversight of the handling.

Article 170 : Where public employees suspected of violations or crimes abusing public office proactively give themselves up, they shall be received and handled in accordance with law.

Article 171: Supervision organs shall promptly review leads on issues transferred by the law enforcement organs, justice organs, and other organs, and handle them in accordance with the following methods:

(1) Where that unit has jurisdiction, promptly study them and issue opinions on the disposition;

(2) Where that unit does not have jurisdiction, but it is in the jurisdiction of another supervision organ, they shall transfer it to the supervision organ with jurisdiction within five working days.

(3) Where that unit has jurisdiction over some of the leads on issues, is it to issue opinions on the disposition of those over which it has jurisdiction and promptly transfer the other leads to organs with jurisdiction;

(4) Where supervision organs do not have jurisdiction, promptly return them to the transferring organ.

Article 172: The departments for petitioning reports aggregating and accepting reports and accusations on issues of violations and crimes abusing public office within the jurisdiction of that level's supervision organs are to uniformly accept reports and accusations transferred by the supervision organs and other units, and hand them to the units' oversight inspection department or other relevant departments, and report this to the department for case oversight and management.

The case oversight and management departments are to uniformly receive leads on issues of violations and crimes abusing public office transferred by inspection patrol bodies, law enforcement organs, justice organs, and other organs, and hand them to the organ's department for oversight inspections or other relevant departments for handling in accordance with procedures.

Where leads discovered by the departments for oversight inspections and investigation departments in their work are within the scope of those accepted by that department, they shall report it for filing to the department for case oversight and management; where they are within the scope of those to be accepted by other departments in that unit, they are to be transferred to the case oversight and management departments for distribution and handling.

Article 173: The case oversight and management departments shall implement centralized management and dynamic updating of leads on issues, periodically summarizing them and checking issues and responses, reporting to the supervision organ's principal responsible person and to relevant departments.

The department handling leads shall designate persons to be responsible for the management of leads, individually numbering and registering them, and establishing management ledgers. Every step of the management and disposition of leads shall be signed by the personnel handling it, have the whole process registered and recorded, and promptly checked by the case management and oversight departments.

Article 174 : 监督检查部门应当结合问题线索所涉及地区、部门、单位总体情况进行综合分析,提出处置意见并制定处置方案,经审批按照谈话、函询、初步核实、暂存待查、予以了结等方式进行处置,或者按照职责移送调查部门处置。

函询应当以监察机关办公厅(室)名义发函给被反映人,并抄送其所在单位和派驻监察机构主要负责人。 被函询人应当在收到函件后十五个工作日内写出说明材料,由其所在单位主要负责人签署意见后发函回复。 被函询人为所在单位主要负责人的,或者被函询人所作说明涉及所在单位主要负责人的,应当直接发函回复监察机关。

被函询人已经退休的,按照第二款规定程序办理。

监察机关根据工作需要,经审批可以对谈话函询情况进行核实。

Article 175 : 检举控告人使用本人真实姓名或者本单位名称,有电话等具体联系方式的,属于实名检举控告。 监察机关对实名检举控告应当优先办理、优先处置,依法给予答复。 虽有署名但不是检举控告人真实姓名(单位名称)或者无法验证的检举控告,按照匿名检举控告处理。

信访举报部门对属于本机关受理的实名检举控告,应当在收到检举控告之日起十五个工作日内按规定告知实名检举控告人受理情况,并做好记录。

调查人员应当将实名检举控告的处理结果在办结之日起十五个工作日内向检举控告人反馈,并记录反馈情况。 对检举控告人提出异议的应当如实记录,并向其进行说明;对提供新证据材料的,应当依法核查处理。

Section 2: Preliminary Verification

Article 176 : Supervision organ shall conduct preliminary verification efforts on leads of issues of violations or crimes abusing public office that can be checked, after reporting for approval as provided.

Article 177 : In employing preliminary verification methods to handle leads, the targets of the preliminary verification shall be determined and a work plan drafted, clarifying the issues that need to be verified and the measures to be employed, and a verification teams is to be put together.

In the preliminary verification, the collection of objective evidence shall be emphasized to ensure veracity and accuracy.

Article 178: Where new leads that can be checked are discovered or accepted during preliminary verification, they shall be included in the original verification plan and checking shall be carried out upon approval.

Article 179: The verification group shall write a report on the preliminary verification after the preliminary verification efforts are concluded, listing the basic information on the persons subject to verification, and reflecting the main issues, the basis for handling, the outcome of the preliminary verification, areas of uncertainty, and recommendations for handling, and all personnel are to sign it and file it for review.

承办部门应当综合分析初步核实情况,按照拟立案调查、予以了结、谈话提醒、暂存待查,或者移送有关部门、机关处理等方式提出处置建议,按照批准初步核实的程序报批。

Section 3: Case Filing

Article 180: After preliminary investigation, where the supervision organs find that it is necessary to pursue legal responsibility regarding the portion of facts and evidence on suspected violations and crimes abusing public office that are known of, and shall open a case and investigate in accordance with law after reporting for approval as provided.

Article 181: Where supervision organs opening a case and investigating cases of violations and crimes abusing public office need to open a case and investigate persons involved in the case suspected of bribery, being an intermediary for bribery, or joint crimes abusing public office, they shall handle the case opening formalities in accordance with law. Where it is necessary to have a lower-level supervision organ open the case, it is to be handed over to the lower-level supervision organ to complete case opening formalities after approval.

Where units suspected of accepting bribes, giving bribes, and other crimes abusing public office, need to be pursued for legal responsibility, formalities are to be completed to open a case and investigate that unit in accordance with law. Where there are issues of violations or crimes abusing public office in accidents (incidents) that need to be pursued for legal responsibility, but it is unclear who the relevant person responsible is, a case may be opened for the matter. Where after a case has been opened on a unit or matter, the responsible persons are determined through investigation, confirmation of the persons being investigated is to be reported for approval in accordance with management authority.

监察机关根据人民法院生效刑事判决、裁定和人民检察院不起诉决定认定的事实,需要对监察对象给予政务处分的,可以由相关监督检查部门依据司法机关的生效判决、裁定、决定及其认定的事实、性质和情节,提出给予政务处分的意见,按程序移送审理。 对依法受到行政处罚的监察对象,需要给予政务处分的,应当依法办理立案手续。

Article 182: 对案情简单、经过初步核实已查清主要职务违法事实,应当对监察对象追究法律责任,不再需要开展调查的,立案和移送审理可以一并报批,履行立案程序后再移送审理。

Article 183: 上级监察机关需要指定下级监察机关立案调查的,应当按规定报批,向被指定管辖的监察机关出具《指定管辖决定书》,由其办理立案手续。

Article 184: 批准立案后,应当由二名以上调查人员出示证件,向被调查人宣布立案决定。 宣布立案决定后,应当及时向其所在单位等相关组织送达《立案通知书》,并向其所在单位主要负责人通报。

对涉嫌严重职务违法或者职务犯罪的公职人员立案调查并采取留置措施的,应当按规定向社会公开发布。

Section 4: Investigation

Article 185: Supervision organs shall conduct an investigation in accordance with law in cases of violations and crimes abusing public office where a case is already opened, and are to gather evidence to ascertain the facts of the violation of crime.

调查职务违法或者职务犯罪案件,对被调查人没有采取留置措施的,应当在立案后一年以内作出处理决定;对被调查人解除留置措施的,应当在解除留置措施后一年以内作出处理决定。 案情重大复杂的案件,经上一级监察机关批准,可以适当延长,但延长期限不得超过六个月。

被调查人在监察机关立案调查以后逃匿的,调查期限自到案之日起重新计算。

Article 186: 案件立案后,监察机关主要负责人应当依照法定程序批准确定调查方案。

监察机关应当组成调查组依法开展调查。 调查工作应当严格按照批准的方案执行,不得随意扩大调查范围、变更调查对象和事项,对重要事项应当及时请示报告。 调查人员在调查工作期间,未经批准不得单独接触任何涉案人员及其特定关系人,不得擅自采取调查措施,不得从事与调查事项无关的活动。

Article 187: 调查组应当将调查认定的涉嫌违法犯罪事实形成书面材料,交给被调查人核对,听取其意见。 被调查人应当在书面材料上签署意见。 对被调查人签署不同意见或者拒不签署意见的,调查组应当作出说明或者注明情况。 对被调查人提出申辩的事实、理由和证据应当进行核实,成立的予以采纳。

调查组对于涉嫌行贿犯罪、介绍贿赂犯罪或者共同职务犯罪的涉案人员,在查明其涉嫌犯罪问题后,依照前款规定办理。

对于按照本条例规定,对立案和移送审理一并报批的案件,应当在报批前履行本条第一款规定的程序。

Article 188: 调查组在调查工作结束后应当集体讨论,形成调查报告。 调查报告应当列明被调查人基本情况、问题线索来源及调查依据、调查过程,涉嫌的主要职务违法或者职务犯罪事实,被调查人的态度和认识,处置建议及法律依据,并由调查组组长以及有关人员签名。

对调查过程中发现的重要问题和意见建议,应当形成专题报告。

Article 189: 调查组对被调查人涉嫌职务犯罪拟依法移送人民检察院审查起诉的,应当起草《起诉建议书》。 《起诉建议书》应当载明被调查人基本情况,调查简况,采取留置措施的时间,涉嫌职务犯罪事实以及证据,被调查人从重、从轻、减轻处罚等情节,提出对被调查人移送起诉的理由和法律依据,采取强制措施的建议,并注明移送案卷数及涉案财物等内容。

调查组应当形成被调查人到案经过及量刑情节方面的材料,包括案件来源、到案经过、自动投案、如实供述、立功等量刑情节、认罪悔罪态度、退赃、避免和减少损害结果发生等方面的情况说明和相关材料。 被检举揭发的问题已被立案、查破,被检举揭发人已被采取调查措施或者刑事强制措施、起诉或者审判的,还应当附有关法律文书。

Article 190: 经调查认为被调查人构成职务违法或者职务犯罪的,应当区分不同情况提出相应处理意见,经审批将调查报告、职务违法或者职务犯罪事实材料、涉案财物报告、涉案人员处理意见等材料,连同全部证据和文书手续移送审理。

对涉嫌职务犯罪的案件材料应当按照刑事诉讼要求单独立卷,与《起诉建议书》、同步录音录像资料和涉案财物报告等材料一并移送审理。

调查全过程形成的材料应当案结卷成、事毕归档。

Section 5: Trial

Article 191: 案件审理部门收到移送审理的案件后,应当审核材料是否齐全、手续是否完备。 对被调查人涉嫌职务犯罪的,还应当审核相关案卷材料是否符合职务犯罪案件立卷要求,是否在调查报告中单独表述已查明的涉嫌犯罪问题,是否形成《起诉建议书》。

经审核符合移送条件的,应当予以受理;不符合移送条件的,经审批可以暂缓受理或者不予受理,并要求补充完善材料。

Article 192: 案件审理部门受理案件后,应当成立由二人以上组成的审理组,全面审理案卷材料。

案件审理部门对于受理的案件,应当以监察法、《中华人民共和国公职人员政务处分法》《中华人民共和国刑法》《中华人民共和国刑事诉讼法》等法律法规为准绳,对案件事实证据、性质认定、程序手续、涉案财物等进行全面审理,做到事实清楚、证据确凿、定性准确、处理恰当、程序合法、手续完备。

案件审理部门应当强化监督制约职能,对案件严格审核把关,坚持实事求是、独立审理,依法提出审理意见。 坚持调查与审理相分离的原则,案件调查人员不得参与审理。

Article 193: 审理工作应当坚持民主集中制原则,经集体审议形成审理意见。

Article 194: 审理工作应当在受理之日起一个月内完成,重大复杂案件经批准可以适当延长。

Article 195: 案件审理部门根据案件审理情况,经审批可以与被调查人谈话,核对其涉嫌违法犯罪事实,听取其辩解意见,了解有关情况,告知在审理阶段的权利义务。 与被调查人谈话时,案件审理人员不得少于二人。

具有下列情形之一的,应当与被调查人谈话:

(一)对被调查人采取留置措施的;

(二)可能存在以非法方法收集证据情形的;

(三)被调查人对涉嫌违法犯罪事实材料签署不同意见或者拒不签署意见的;

(四)被调查人要求向案件审理人员当面陈述的;

(五)其他有必要与被调查人进行谈话的情形。

Article 196: 经审理认为主要违法犯罪事实不清、证据不足的,应当经审批将案件退回承办部门重新调查。

有下列情形之一,需要补充完善证据的,经审批可以退回补充调查:

(一)部分事实不清、证据不足的;

(二)遗漏违法犯罪事实的;

(三)其他需要进一步查清案件事实的情形。

案件审理部门将案件退回重新调查或者补充调查的,应当出具审核意见,写明调查事项、理由、调查方向、需补充收集的证据及其证明作用等,连同案卷材料一并送交承办部门。

承办部门补充调查结束后,应当经审批将补证情况报告及相关证据材料,连同案卷材料一并移送案件审理部门;对确实无法查明的事项或者无法补充的证据,应当作出书面说明。 重新调查终结后,应当重新形成调查报告,依法移送审理。

重新调查完毕移送审理的,审理期限重新计算。 补充调查期间不计入审理期限。

Article 197: 审理工作结束后应当形成审理报告,载明被调查人基本情况、调查简况、涉嫌违法或者犯罪事实、被调查人态度和认识、涉案财物处置、承办部门意见、审理意见等内容,提请监察机关集体审议。

对被调查人涉嫌职务犯罪需要追究刑事责任的,应当形成《起诉意见书》,作为审理报告附件。 《起诉意见书》应当忠实于事实真象,载明被调查人基本情况,调查简况,采取留置措施的时间,依法查明的犯罪事实和证据,从重、从轻、减轻处罚等情节,涉案财物情况,涉嫌罪名和法律依据,采取强制措施的建议,以及其他需要说明的情况。

Article 198: 上级监察机关办理下级监察机关管辖案件的,可以经审理后按程序直接进行处置,也可以经审理形成处置意见后,交由下级监察机关办理。

Article 199: 被指定管辖的监察机关在调查结束后应当将案件移送审理,提请监察机关集体审议。

上级监察机关将其所管辖的案件指定管辖的,被指定管辖的下级监察机关应当按照前款规定办理后,将案件报上级监察机关作出政务处分决定等处置。 上级监察机关在作出处置决定前,应当进行审理。

上级监察机关将下级监察机关管辖的案件指定其他下级监察机关管辖的,被指定管辖的监察机关应当按照第一款规定办理后,将案件送交有管理权限的监察机关作出政务处分决定等处置。 有管理权限的监察机关应当进行审理,审理意见与被指定管辖的监察机关意见不一致的,双方应当进行沟通;经沟通不能取得一致意见的,报请有权决定的上级监察机关决定。 经协商,有管理权限的监察机关在被指定管辖的监察机关审理阶段可以提前阅卷,沟通了解情况。

对于前款规定的重大、复杂案件,被指定管辖的监察机关经集体审议后将处理意见报有权决定的上级监察机关审核同意的,有管理权限的监察机关可以经集体审议后依法处置。

Section 6: Dispostion

Article 200: Based on the outcomes of oversight and investigations, supervision organs are to make dispositions on the basis of the Supervision Law, the Law on Governmental Sanctions for Public Employees of the PRC, and other such provisions.

Article 201: Where public employees have illegal conduct involving public office, but the circumstances are lighter, the supervision organs may give them a talking-to and reminders, criticism and education, order self-criticism, or give a reprimand in accordance with law. The methods described above may be used independently and may also be used in combination as provided.

Conversations and reminders, and criticism and education, shall be conducted by the relevant persons responsible for supervision organs or the person bearing responsibility for a department, and a person from the unit of the person being spoken with and reminded or criticized and educated my accompany them; upon approval, the person responsible for their unit may also be entrusted to conduct the methods. A record shall be made of the circumstances of conversations and reminders or criticism and education.

Public employees ordered to make a self-criticism shall do so in writing and make corrections [to the conduct] Notice of the corrections will be circulated within a certain range.

Admonishment is to be conducted as a conversation or in writing by the supervision organs, and where conducted through a conversation, a record shall be made.

Article 202: Where public employees who have broken the law need to be given governmental sanctions in accordance with law, a warning, demerit, major demerit, demotion, removal, or dismissal decision shall be made in light of the severity, and a written governmental sanction decision shall be made.

Article 203: Supervision organs shall serve the governmental sanction decision documents on the person being sanctioned and the state organ or unit to which they belong within one month of making the decision, and perform procedures for announcement and written notification in accordance with law.

Governmental sanction decisions take effect on the date they are made. Relevant organs, units, and organizations shall promptly enforce sanction decisions in accordance with law, and report on the enforcement situation to the supervision organ. The enforcement of sanction decisions shall be completed within one month of hte decision being made, but in special situations the period may be extended upon the approval of the supervision organs, but must not exceed 6 months.

Article 204: Supervision organs may conduct accountability through means such as public notice, admonishment, and governmental sanctions for leadership personnel who do not perform their duties or incorrectly perform their duties causing serious consequences, or those with negative impact; and submit recommendations for organization adjustments or dispositions.

Article 205: Where supervision organs submit supervision recommendations to supervision subjects' units in accordance with law, they shall make a supervision recommendation document upon approval.

The supervision recommendation documents shall use supervision organs' document numbers, and normally contain the following content:

(1) The circumstances of the oversight inspection;

(2) The problems that exist in the unit receiving the recommendation;

(3) Recommendations and time periods for corrections;

(4) Request to give feedback on corrections to the supervision organs;

Article 206: After investigation, the Supervision Organs shall withdraw cases in accordance with law where there is no evidence proving that the persons under investigations have engaged in illegal or criminal acts. After supervision organs at the provincial-level or below withdraw a case, they shall report it for recording with the supervision organ at the level above within 7 days. The department for oversight inspections of the supervision organ at the level above is responsible for recording.

Where supervision organs at the provincial-level or below intend to withdraw a case where jurisdiction was designated by the supervision organ at the level above, or was transferred for handling, they shall report the Case Withdrawal Opinion Document, together with case file materials, to be reviewed by the supervision organ that designated jurisdiction or transferred the case for handling within 7 working days of the expiration of the investigation period. Major or complex cases are to be reported for review to the supervision organ that designated jurisdiction or transferred the case for handling within 10 working days of the expiration of the investigation period.

The oversight inspection department of the supervision organ that designated jurisdiction or transferred the case for handling is responsible for the review. Where the supervision organ that designated jurisdiction or transfered the case for handling agrees to the withdrawal of the case, the lower-level supervision organ shall make a decision to withdraw the case and draft a Case Withdrawal Decision Document; but where the supervision organ that designated jurisdiction or transferred the case for handling does not agree with the withdrawal of the case, the lower-level supervision organ shall enforce that decision.

Supervision organs shall announce the decision to withdraw the case to the person being investigated, have the person being investigated sign the Case Withdrawal Decision Document and leave a fingerprint, immediately lift retention in custody, and notify their unit.

Where after withdrawing a case new facts or evidence is discovered, and it is found that the person being investigated committed violations or crimes that need to be pursued for legal responsibility, a new case shall be opened and investigated.

Article 207: After the conclusion of the investigation, cases of suspected bribery and other crimes by persons other than supervision subjects are to be transferred for prosecution in accordance with law. Where based on the specific circumstances of the case, more minor cases are not transferred for prosecution following review and approval, dispositions such as criticism and education or ordering expressions of remorse shall be employed; and where administrative punishments shall be given, it shall be transferred to the administrative law enforcement departments in accordance with law.

Units and individuals involved in a case that have acts of bribery are to have relevant information recorded as provided, and it may serve as the basis for credit assessment.

Assets and proceeds obtained by units and individuals involved in the case through bribery or other illegal means shall be confiscated, recovered, or have restitution ordered in accordance with law. Other improper benefits obtained by breaking the law are to corrected and handled in accordance with the laws, regulations, and relevant provisions.

Article 208: Assets and proceeds obtained through suspected crimes abusing public office shall be appropriately looked after, and an Inventory of Assets Involved in the Case is to be drafted and transferred with the case to the people's procuratorate. Objects that will be used as evidence shall be transferred along with the case, and where items are not suitable for transfer, an inventory, photo and other certificates of proof are to be transferred.

Where the value of assets involved in the case that are transferred to the people's procuratorate is unclear, an appraisal shall be retained before transferring for prosecution. During the value determination, where it is necessary to first conduct an evaluation of the authenticity of the assets or to issue technical or quality testing reports, a relevant evaluation body or testing body shall be retained to conduct the authenticity evaluation or technical and quality testing.

Assets and proceeds that are not criminal gains but were illegally acquired shall be confiscated or recovered, or have restitution ordered, in accordance with law, and relevant legal documents issued.

Assets and proceeds that are found to not be unlawful gains through investigation shall be promptly returned, and procedures to sign for receipt are to be completed.

Article 209: Where upon investigation the supervision organs decide to recover or order the restitution of unlawfully acquired assets and proceeds, they may request that departments such as for public security, environmental resources, housing and urban construction, market supervision, and financial regulation, as well as banks and other financial institutions, provide assistance.

追缴涉案财物以追缴原物为原则,原物已经转化为其他财物的,应当追缴转化后的财物;有证据证明依法应当追缴、没收的涉案财物无法找到、被他人善意取得、价值灭失减损或者与其他合法财产混合且不可分割的,可以追缴、没收其他等值财产。

Enforcement of recovery and orders of restitution shall b completed within 1 month of the disposition decision being made. Except where the delayed enforcement is due to the person being investigated.

Where the people's procuratorates or people's courts return assets involved in the case that are not criminal gains to the supervision organs, the supervision organs shall handle them in accordance with law.

Article 210: 监察对象对监察机关作出的涉及本人的处理决定不服的,可以在收到处理决定之日起一个月内,向作出决定的监察机关申请复审。 The reviewing organ shall accept it in accordance with law and make a review decision within 1 month of acceptance. Where supervision subjects are still not satisfied with the review decision, they may apply to the supervision organ at the level above for a reconsideration within one month of receiving the review decision. The reconsideration organ shall accept it in accordance with law, and make a reconsideration decision within 2 months of receiving it.

The reconsideration decision of the supervision organ at the level above, or a review or reconsideration decision of the State Supervision Commission are final decisions.

Article 211: The review and reconsideration organs taking on the work shall establish a work group, read the original case file materials, and when necessary may collect evidence. The department shall collectively study, and raise comments on handling, and make a review or reconsideration decision after review and approval. The decision shall be sent to the applicant, with a copy sent to relevant units, and it is to be announced within a limited scope.

Enforcement of the handling decision is not suspended during the period for re-examination or review. Where after review it is found that a decision of a review or reconsideration organ was in error or improper, the disposition shall be revoked or modified in accordance with law, or the original disposition organ shall be ordered to promptly correct it. Where after review, the review or reconsideration organ finds that the facts ascertained in the disposition decision are clear, and the law was correctly applied, the shall sustain it.

坚持复审复核与调查审理分离,原案调查、审理人员不得参与复审复核。

Section 7: Transfer for Review for Prosecution

Article 212: 监察机关决定对涉嫌职务犯罪的被调查人移送起诉的,应当出具移送函和《起诉意见书》,连同案卷材料、证据等,一并移送同级人民检察院。

监察机关案件审理部门负责与人民检察院审查起诉的衔接工作,调查、案件监督管理等部门应当予以协助。

国家监察委员会派驻或者派出的监察机构、监察专员调查的职务犯罪案件,应当移送省级人民检察院审查起诉。

Article 213: 涉嫌职务犯罪的被调查人和涉案人员符合监察法第三十一条、第三十二条规定情形的,结合其案发前的一贯表现、违法犯罪行为的情节、后果和影响等因素,经监察机关综合研判和集体审议,报上一级监察机关批准,可以在移送人民检察院时提出从宽处罚建议。 报请批准时,应当一并提供主要证据材料和忏悔反思材料。

上级监察机关由相关监督检查部门负责审查工作。 重点审核拟认定的从宽处罚情形、提出的从宽处罚建议,经审批在十五个工作日内作出批复。

Article 214: 涉嫌职务犯罪的被调查人有下列情形之一的,可以认定为监察法第三十一条第一项规定的自动投案,真诚悔罪悔过:

(一)职务犯罪问题未被监察机关掌握,向监察机关投案,如实交代自己主要犯罪事实的;

(二)在监察机关谈话函询过程中,如实交代监察机关未掌握的涉嫌职务犯罪问题的;

(三)在初步核实阶段,尚未受到监察机关谈话时投案,如实交代自己主要犯罪事实的;

(四)职务犯罪问题虽被监察机关立案,但尚未受到讯问或者采取留置措施,向监察机关投案,如实交代自己主要犯罪事实的;

(五)因伤病等客观原因无法前往投案,先委托他人代为表达投案意愿,或者以书信、网络、电话、传真等方式表达投案意愿,后到监察机关接受处理,如实交代自己主要犯罪事实的;

(六)涉嫌职务犯罪潜逃后又投案,包括在被通缉、抓捕过程中投案,如实交代自己主要犯罪事实的;

(七)经查实确已准备去投案,或者正在投案途中被有关机关抓获,如实交代自己主要犯罪事实的;

(八)经他人规劝或者在他人陪同下投案,如实交代自己主要犯罪事实的;

(九)虽未向监察机关投案,但向其所在党组织、单位或者有关负责人员投案,向有关巡视巡察机构投案,以及向公安机关、人民检察院、人民法院投案,如实交代自己主要犯罪事实的;

(十)具有其他应当视为自动投案的情形,且如实交代自己主要犯罪事实的。

被调查人自动投案后不能如实交代自己的主要犯罪事实,或者自动投案并如实供述自己的罪行后又翻供的,不能适用前款规定。

Article 215: 涉嫌职务犯罪的被调查人有下列情形之一的,可以认定为监察法第三十一条第二项规定的积极配合调查工作,如实供述监察机关还未掌握的违法犯罪行为:

(一)监察机关所掌握线索针对的犯罪事实不成立,在此范围外被调查人主动交代其他罪行的;

(二)主动交代监察机关尚未掌握的犯罪事实,与监察机关已掌握的犯罪事实属不同种罪行的;

(三)主动交代监察机关尚未掌握的犯罪事实,与监察机关已掌握的犯罪事实属同种罪行的;

(四)监察机关掌握的证据不充分,被调查人如实交代有助于收集定案证据的。

前款所称同种罪行和不同种罪行,一般以罪名区分。 被调查人如实供述其他罪行的罪名与监察机关已掌握犯罪的罪名不同,但属选择性罪名或者在法律、事实上密切关联的,应认定为同种罪行。

Article 216: 涉嫌职务犯罪的被调查人有下列情形之一的,可以认定为监察法第三十一条第三项规定的积极退赃,减少损失:

(一)全额退赃的;

(二)退赃能力不足,但被调查人及其亲友在监察机关追缴赃款赃物过程中积极配合,且大部分已追缴到位的;

(三)犯罪后主动采取措施避免损失发生,或者积极采取有效措施减少、挽回大部分损失的。

Article 217: 涉嫌职务犯罪的被调查人有下列情形之一的,可以认定为监察法第三十一条第四项规定的具有重大立功表现:

(一)检举揭发他人重大犯罪行为且经查证属实的;

(二)提供调查其他重大案件的重要线索且经查证属实的;

(三)阻止他人重大犯罪活动的;

(四)协助抓捕其他重大职务犯罪案件被调查人、重大犯罪嫌疑人(包括同案犯)的;

(五)为国家挽回重大损失等对国家和社会有其他重大贡献的。

前款所称重大犯罪一般是指依法可能被判处无期徒刑以上刑罚的犯罪行为;重大案件一般是指在本省、自治区、直辖市或者全国范围内有较大影响的案件;查证属实一般是指有关案件已被监察机关或者司法机关立案调查、侦查,被调查人、犯罪嫌疑人被监察机关采取留置措施或者被司法机关采取强制措施,或者被告人被人民法院作出有罪判决,并结合案件事实、证据进行判断。

监察法第三十一条第四项规定的案件涉及国家重大利益,是指案件涉及国家主权和领土完整、国家安全、外交、社会稳定及经济发展等情形。

Article 218: 涉嫌行贿等犯罪的涉案人员有下列情形之一的,可以认定为监察法Article 32: 规定的揭发有关被调查人职务违法犯罪行为,查证属实或者提供重要线索,有助于调查其他案件:

(一)揭发所涉案件以外的被调查人一般或者重大职务犯罪行为,经查证属实的;

(二)提供的重要线索指向具体的职务犯罪事实,对调查其他案件起到实质性推动作用的;

(三)提供的重要线索有助于加快其他案件办理进度,或者对其他案件固定关键证据、挽回损失、追逃追赃等起到积极作用的。

Article 219: 从宽处罚建议一般应当在移送起诉时作为《起诉意见书》内容一并提出,特殊情况下也可以在案件移送后、人民检察院提起公诉前,单独形成从宽处罚建议书移送人民检察院。 对于从宽处罚建议所依据的证据材料,应当一并移送人民检察院。

监察机关对于被调查人在调查阶段认罪认罚,但不符合监察法规定的提出从宽处罚建议条件,在移送起诉时没有提出从宽处罚建议的,应当在《起诉意见书》中写明其自愿认罪认罚的情况。

Article 220: 监察机关一般应当在正式移送起诉十日前,向拟移送的人民检察院采取书面通知等方式预告移送事宜。 其中,对于已采取留置措施的案件,发现被调查人因身体等原因存在不适宜羁押等可能影响刑事强制措施执行情形的,应当通报人民检察院。 对于未采取留置措施的案件,可以根据案件具体情况,向人民检察院提出对被调查人采取刑事强制措施的建议。

Article 221: 监察机关办理的职务犯罪案件移送起诉,需要指定起诉、审判管辖的,应当与同级人民检察院协商有关程序事宜。 需要由同级人民检察院的上级人民检察院指定管辖的,应当商请同级人民检察院办理指定管辖事宜。

监察机关一般应当在移送起诉二十日前,将商请指定管辖函送交同级人民检察院。 商请指定管辖函应当附案件基本情况,对于被调查人已被其他机关立案侦查的犯罪需要并案审查起诉的,一并进行说明。

派驻或者派出的监察机构、监察专员调查的职务犯罪案件需要指定起诉、审判管辖的,应当报派出机关办理指定管辖手续。

Article 222: 上级监察机关指定下级监察机关进行调查,移送起诉时需要人民检察院依法指定管辖的,应当在移送起诉前由上级监察机关与同级人民检察院协商有关程序事宜。

Article 223: 监察机关对已经移送起诉的职务犯罪案件,发现遗漏被调查人罪行需要补充移送起诉的,应当经审批出具《补充起诉意见书》,连同相关案卷材料、证据等一并移送同级人民检察院。

对于经人民检察院指定管辖的案件需要补充移送起诉的,可以直接移送原受理移送起诉的人民检察院;需要追加犯罪嫌疑人、被告人的,应当再次商请人民检察院办理指定管辖手续。

Article 224: 对于涉嫌行贿犯罪、介绍贿赂犯罪或者共同职务犯罪等关联案件的涉案人员,移送起诉时一般应当随主案确定管辖。

主案与关联案件由不同监察机关立案调查的,调查关联案件的监察机关在移送起诉前,应当报告或者通报调查主案的监察机关,由其统一协调案件管辖事宜。 因特殊原因,关联案件不宜随主案确定管辖的,调查主案的监察机关应当及时通报和协调有关事项。

Article 225: 监察机关对于人民检察院在审查起诉中书面提出的下列要求应当积极配合:

(一)认为可能存在以非法方法收集证据情形,要求监察机关对证据收集的合法性作出说明或者提供相关证明材料的;

(二)排除非法证据后,要求监察机关另行指派调查人员重新取证的;

(三)对物证、书证、视听资料、电子数据及勘验检查、辨认、调查实验等笔录存在疑问,要求调查人员提供获取、制作的有关情况的;

(四)要求监察机关对案件中某些专门性问题进行鉴定,或者对勘验、检查进行复验、复查的;

(五)认为主要犯罪事实已经查清,仍有部分证据需要补充完善,要求监察机关补充提供证据的;

(六)人民检察院依法提出的其他工作要求。

Article 226: 监察机关对于人民检察院依法退回补充调查的案件,应当向主要负责人报告,并积极开展工作,不得拖延办理。

Article 227: 对退回补充调查的案件,经审批分别作出如下处理:

(一)认定犯罪事实的证据不够充分的,应当在补充证据后,制作补充调查报告书,连同相关材料一并移送人民检察院审查,对无法补充完善的证据,应当作出书面情况说明,并加盖监察机关或者承办部门公章;

(二)在补充调查中发现新的同案犯或者增加、变更犯罪事实,需要追究刑事责任的,应当重新提出处理意见,移送人民检察院审查;

(三)犯罪事实的认定出现重大变化,认为不应当追究被调查人刑事责任的,应当重新提出处理意见,将处理结果书面通知人民检察院并说明理由;

(四)认为移送起诉的犯罪事实清楚,证据确实、充分的,应当说明理由,移送人民检察院依法审查。

Article 228: 人民检察院在审查起诉过程中发现新的职务违法或者职务犯罪问题线索并移送监察机关的,监察机关应当依法处置。

Article 229: 在案件审判过程中,人民检察院书面要求监察机关补充提供证据,对证据进行补正、解释,或者协助补充侦查的,监察机关应当予以配合。 监察机关不能提供有关证据材料的,应当书面说明情况。

人民法院在审判过程中就证据收集合法性问题要求有关调查人员出庭说明情况时,监察机关应当根据工作需要予以配合。

Article 230: 监察机关认为人民检察院不起诉决定有错误的,应当在收到不起诉决定书后三十日内,依法向其上一级人民检察院提请复议。 监察机关应当将上述情况及时向上一级监察机关书面报告。

Article 231: 对于监察机关移送起诉的案件,人民检察院作出不起诉决定,人民法院作出无罪判决,或者监察机关经人民检察院退回补充调查后不再移送起诉,涉及对被调查人已生效政务处分事实认定的,监察机关应当依法对政务处分决定进行审核。 认为原政务处分决定认定事实清楚、适用法律正确的,不再改变;认为原政务处分决定确有错误或者不当的,依法予以撤销或者变更。

Article 232: 对于贪污贿赂、失职渎职等职务犯罪案件,被调查人逃匿,在通缉一年后不能到案,或者被调查人死亡,依法应当追缴其违法所得及其他涉案财产的,承办部门在调查终结后应当依法移送审理。

监察机关应当经集体审议,出具《没收违法所得意见书》,连同案卷材料、证据等,一并移送有管辖权的人民检察院依法提出没收违法所得的申请。

监察机关将《没收违法所得意见书》移送人民检察院后,在逃的被调查人自动投案或者被抓获的,监察机关应当及时通知人民检察院。

Article 233: 监察机关立案调查拟适用缺席审判程序的贪污贿赂犯罪案件,应当逐级报送国家监察委员会同意。

监察机关承办部门认为在境外的被调查人犯罪事实已经查清,证据确实、充分,依法应当追究刑事责任的,应当依法移送审理。

监察机关应当经集体审议,出具《起诉意见书》,连同案卷材料、证据等,一并移送人民检察院审查起诉。

在审查起诉或者缺席审判过程中,被调查人向监察机关自动投案或者被抓获的,监察机关应当立即通知人民检察院、人民法院。

Chapter VI: International Anti-Corruption Cooperation

Section 1: Work Duties and Leadership Systems

Article 234: 国家监察委员会统筹协调与其他国家、地区、国际组织开展反腐败国际交流、合作。

国家监察委员会组织《联合国反腐败公约》等反腐败国际条约的实施以及履约审议等工作,承担《联合国反腐败公约》司法协助中央机关有关工作。

国家监察委员会组织协调有关单位建立集中统一、高效顺畅的反腐败国际追逃追赃和防逃协调机制,统筹协调、督促指导各级监察机关反腐败国际追逃追赃等涉外案件办理工作,具体履行以下职责:

(一)制定反腐败国际追逃追赃和防逃工作计划,研究工作中的重要问题;

(二)组织协调反腐败国际追逃追赃等重大涉外案件办理工作;

(三)办理由国家监察委员会管辖的涉外案件;

(四)指导地方各级监察机关依法开展涉外案件办理工作;

(五)汇总和通报全国职务犯罪外逃案件信息和追逃追赃工作信息;

(六)建立健全反腐败国际追逃追赃和防逃合作网络;

(七)承担监察机关开展国际刑事司法协助的主管机关职责;

(八)承担其他与反腐败国际追逃追赃等涉外案件办理工作相关的职责。

Article 235: 地方各级监察机关在国家监察委员会领导下,统筹协调、督促指导本地区反腐败国际追逃追赃等涉外案件办理工作,具体履行以下职责:

(一)落实上级监察机关关于反腐败国际追逃追赃和防逃工作部署,制定工作计划;

(二)按照管辖权限或者上级监察机关指定管辖,办理涉外案件;

(三)按照上级监察机关要求,协助配合其他监察机关开展涉外案件办理工作;

(四)汇总和通报本地区职务犯罪外逃案件信息和追逃追赃工作信息;

(五)承担本地区其他与反腐败国际追逃追赃等涉外案件办理工作相关的职责。

省级监察委员会应当会同有关单位,建立健全本地区反腐败国际追逃追赃和防逃协调机制。

国家监察委员会派驻或者派出的监察机构、监察专员统筹协调、督促指导本部门反腐败国际追逃追赃等涉外案件办理工作,参照第一款规定执行.

Article 236: 国家监察委员会国际合作局归口管理监察机关反腐败国际追逃追赃等涉外案件办理工作。 地方各级监察委员会应当明确专责部门,归口管理本地区涉外案件办理工作。

国家监察委员会派驻或者派出的监察机构、监察专员和地方各级监察机关办理涉外案件中有关执法司法国际合作事项,应当逐级报送国家监察委员会审批。 由国家监察委员会与有关国家(地区)相关机构沟通协调,以双方认可的方式实施。 有关国家(地区)相关机构需要派员赴中华人民共和国境内开展反腐败执法活动的,应当由国家监察委员会与其沟通协调,以双方认可的方式实施。

Article 237: 监察机关应当建立追逃追赃和防逃工作内部联络机制。 承办部门在调查过程中,发现被调查人或者重要涉案人员外逃、违法所得及其他涉案财产被转移到境外的,可以请追逃追赃部门提供工作协助。 监察机关将案件移送人民检察院审查起诉后,仍有重要涉案人员外逃或者未追缴的违法所得及其他涉案财产的,应当由追逃追赃部门继续办理,或者由追逃追赃部门指定协调有关单位办理。

Section 2: Domestic Efforts

Article 238: 监察机关应当将防逃工作纳入日常监督内容,督促相关机关、单位建立健全防逃责任机制。

监察机关在监督、调查工作中,应当根据情况制定对监察对象、重要涉案人员的防逃方案,防范人员外逃和资金外流风险。 监察机关应当会同同级组织人事、外事、公安、移民管理等单位健全防逃预警机制,对存在外逃风险的监察对象早发现、早报告、早处置。

Article 239: 监察机关应当加强与同级人民银行、公安等单位的沟通协作,推动预防、打击利用离岸公司和地下钱庄等向境外转移违法所得及其他涉案财产,对涉及职务违法和职务犯罪的行为依法进行调查。

Article 240: 国家监察委员会派驻或者派出的监察机构、监察专员和地方各级监察委员会发现监察对象出逃、失踪、出走,或者违法所得及其他涉案财产被转移至境外的,应当在二十四小时内将有关信息逐级报送至国家监察委员会国际合作局,并迅速开展相关工作。

Article 241: 监察机关追逃追赃部门统一接收巡视巡察机构、审计机关、行政执法部门、司法机关等单位移交的外逃信息。

监察机关对涉嫌职务违法和职务犯罪的外逃人员,应当明确承办部门,建立案件档案。

Article 242: 监察机关应当依法全面收集外逃人员涉嫌职务违法和职务犯罪证据,以及违反相关国家(地区)法律的证据。

Article 243: 开展反腐败国际追逃追赃等涉外案件办理工作,应当把思想教育贯穿始终,落实宽严相济刑事政策,依法适用认罪认罚从宽制度,促使外逃人员回国投案或者配合调查、主动退赃。 开展相关工作,应当尊重所在国家(地区)的法律规定。

Article 244: 外逃人员归案、违法所得及其他涉案财产被追缴后,承办案件的监察机关应当将情况逐级报送国家监察委员会国际合作局。 监察机关应当依法对涉案人员和违法所得及其他涉案财产作出处置,或者请有关单位依法处置。 对不需要继续采取相关措施的,应当及时解除或者撤销。

Section 3: External Cooperation

Article 245: 监察机关对依法应当留置或者已经决定留置的外逃人员,需要申请发布国际刑警组织红色通报的,应当逐级报送国家监察委员会审核。 国家监察委员会审核后,通过公安部向国际刑警组织提出申请。

需要延期、暂停、撤销红色通报的,申请发布红色通报的监察机关应当逐级报送国家监察委员会审核,由国家监察委员会通过公安部联系国际刑警组织办理。

Article 246: 地方各级监察机关通过引渡方式办理相关涉外案件的,应当按照引渡法、相关双边及多边国际条约、相关国家法律等规定准备引渡请求书及相关材料,逐级报送国家监察委员会审核。 由国家监察委员会通过外交等渠道向外国提出引渡请求。

Article 247: 地方各级监察机关通过刑事司法协助方式办理相关涉外案件的,应当按照国际刑事司法协助法、相关双边及多边国际条约、相关国家法律等规定准备刑事司法协助请求书及相关材料,逐级报送国家监察委员会审核。 由国家监察委员会直接或者通过对外联系机关等渠道,向外国提出刑事司法协助请求。

国家监察委员会收到外国提出的刑事司法协助请求书及所附材料,经审查认为符合有关规定的,作出决定并交由省级监察机关执行,或者转交其他有关主管机关。

省级监察机关应当立即执行,或者交由下级监察机关执行,并将执行结果或者妨碍执行的情形及时报送国家监察委员会。 在执行过程中,需要依法采取查询、调取、查封、扣押、冻结等措施或者需要返还涉案财物的,根据我国法律规定和国家监察委员会的执行决定办理有关法律手续。

Article 248: 地方各级监察机关通过执法合作方式办理相关涉外案件的,应当将合作事项及相关材料逐级报送国家监察委员会审核。 由国家监察委员会直接或者协调有关单位,向有关国家(地区)相关机构提交并开展合作。

Article 249: 地方各级监察机关通过境外追诉方式办理相关涉外案件的,应当提供外逃人员违反相关国家(地区)法律的线索和证据,逐级报送国家监察委员会审核。 由国家监察委员会直接或者协调有关单位向有关国家(地区)相关机构提交,请其依据当地法律对外逃人员调查、起诉和审判,并商有关国家(地区)遣返外逃人员。

Article 250: 监察机关对依法应当追缴的境外违法所得及其他涉案财产,应当责令涉案人员以合法方式退赔。 涉案人员拒不退赔的,可以通过下列方式追缴:

(一)在开展引渡等追逃合作时,随附请求有关国家(地区)移交相关违法所得及其他涉案财产;

(二)依法启动违法所得没收程序,由人民法院对相关违法所得及其他涉案财产作出冻结、没收裁定,请有关国家(地区)承认和执行,并予以返还;

(三)请有关国家(地区)根据当地法律追缴相关违法所得及其他涉案财产,并予以返还;

(四)通过其他合法方式追缴。

Chapter VII: Oversight of Supervision Organs and Personnel

Article 251: 监察机关及监察人员必须自觉坚持党的领导、管理和监督,依法接受本级人民代表大会及其常务委员会的监督,接受民主监督、社会监督、舆论监督、群众监督等各方面监督,加强内部监督制约机制建设,确保权力受到严格的约束和监督。

Article 252: 各级监察委员会应当按照监察法第五十三条第二款规定,由主任在本级人民代表大会常务委员会全体会议上报告专项工作。

在报告专项工作前,应当与本级人民代表大会有关专门委员会沟通协商,并配合开展调查研究等工作。 各级人民代表大会常务委员会审议专项工作报告时,本级监察委员会应当根据要求派出领导成员列席相关会议,听取意见。

各级监察委员会应当认真研究办理本级人民代表大会常务委员会反馈的审议意见,并按照要求书面报告办理情况。

Article 253: 各级监察委员会应当积极接受、配合本级人民代表大会常务委员会组织的执法检查。 对本级人民代表大会常务委员会的执法检查报告,应当认真研究处理,并向其报告处理情况。

Article 254: 各级监察委员会在本级人民代表大会常务委员会会议审议与监察工作有关的议案和报告时,应当派相关负责人到会听取意见,回答询问。

监察机关对依法交由监察机关答复的质询案应当按照要求进行答复。 以口头答复的,由监察机关主要负责人或者委派相关负责人到会答复。 以书面答复的,由监察机关主要负责人签署。

Article 255: 各级监察机关应当通过互联网政务媒体、报刊、广播、电视等途径,向社会及时准确公开下列监察工作信息:

(一)监察法规;

(二)依法应当向社会公开的案件调查信息;

(三)检举控告地址、电话、网站等信息;

(四)其他依法应当公开的信息。

Article 256: 各级监察机关可以根据工作需要,按程序选聘特约监察员履行监督、咨询等职责,提出加强和改进监察工作的建议、意见。 特约监察员名单应当向社会公布。

监察机关应当为特约监察员依法开展工作提供必要条件和便利。

Article 257: 监察机关应当严格人员准入制度,严把政治关、品行关、能力关、作风关、廉洁关。 监察人员必须忠诚坚定、担当尽责、遵纪守法、清正廉洁。

Article 258: 监察机关应当建立监督检查、调查、案件监督管理、案件审理等部门相互协调制约的工作机制。

监督检查和调查部门实行分工协作、相互制约。 监督检查部门主要负责联系地区、部门、单位的日常监督检查和对涉嫌一般违法问题线索处置。 调查部门主要负责对涉嫌严重职务违法和职务犯罪问题线索进行初步核实和立案调查。

案件监督管理部门负责对监督检查、调查工作全过程进行监督管理,做好线索管理、组织协调、监督检查、督促办理、统计分析等工作。 案件监督管理部门发现监察人员在监督检查、调查中有违规办案行为的,及时督促整改;涉嫌违纪违法的,根据管理权限移交相关部门处理。

Article 259: 监察机关应当对监察权运行关键环节进行经常性监督检查,适时开展专项督查。 案件监督管理、案件审理等部门应当按照各自职责,对问题线索处置、调查措施使用、涉案财物管理等进行监督检查,建立常态化、全覆盖的案件质量评查机制。

Article 260: 监察机关应当加强对监察人员执行职务和遵纪守法情况的监督,按照管理权限依法对监察人员涉嫌违法犯罪问题进行调查处置。

Article 261: 监察机关及监督检查、调查部门负责人应当定期检查调查期间的录音录像、谈话笔录、涉案财物登记资料,加强对调查全过程的监督,发现问题及时纠正并报告。

Article 262: 对监察人员打听案情、过问案件、说情干预的,办理监察事项的监察人员应当及时向上级负责人报告。 Relevant circumstances shall be registered and filed for the record.

发现办理监察事项的监察人员未经批准接触被调查人、涉案人员及其特定关系人,或者存在交往情形的,知情的监察人员应当及时向上级负责人报告。 Relevant circumstances shall be registered and filed for the record.

Article 263: 办理监察事项的监察人员有下列情形之一的,应当自行提出回避;没有自行提出回避的,监察机关应当依法决定其回避,监察对象、检举人及其他有关人员也有权要求其回避:

(1) Is a close relative of the target of the supervision or the informant;

(2) has served as a witness in that case;

(3) They, or their close relatives, have an interest in the supervision matters being handled;

(四)其他有可能影响监察事项公正处理的情形。

选用借调人员、看护人员、调查场所,应当严格执行回避制度。

Article 264: 监察人员自行提出回避,或者监察对象、检举人及其他有关人员要求监察人员回避的,应当书面或者口头提出,并说明理由。 口头提出的,应当形成记录。

监察机关主要负责人的回避,由上级监察机关主要负责人决定;其他监察人员的回避,由本级监察机关主要负责人决定。

Article 265: 上级监察机关应当通过专项检查、业务考评、开展复查等方式,强化对下级监察机关及监察人员执行职务和遵纪守法情况的监督。

Article 266: 监察机关应当对监察人员有计划地进行政治、理论和业务培训。 培训应当坚持理论联系实际、按需施教、讲求实效,突出政治机关特色,建设高素质专业化监察队伍。

Article 267: 监察机关应当严格执行保密制度,控制监察事项知悉范围和时间。 监察人员不准私自留存、隐匿、查阅、摘抄、复制、携带问题线索和涉案资料,严禁泄露监察工作秘密。

监察机关应当建立健全检举控告保密制度,对检举控告人的姓名(单位名称)、工作单位、住址等有关情况以及检举控告内容必须严格保密。

Article 268: After leaving the post, Supervision Organs' personnel who are involved with secrets shall abide by the management provisions for the departure period and strictly perform their obligations to keep secrets, and must not divulge relevant secrets.

Article 269: 监察人员离任三年内,不得从事与监察和司法工作相关联且可能发生利益冲突的职业。

监察人员离任后,不得担任原任职监察机关办理案件的诉讼代理人或者辩护人,但是作为当事人的监护人或者近亲属代理诉讼或者进行辩护的除外。

Article 270: 监察人员应当严格遵守有关规范领导干部配偶、子女及其配偶经商办企业行为的规定。 违反规定的,予以严肃处理。

Article 271: 监察机关在履行职责过程中应当依法保护企业产权和自主经营权,严禁利用职权非法干扰企业生产经营。 需要企业经营者协助调查的,应当依法保障其合法的人身、财产等权益,避免或者减少对涉案企业正常生产、经营活动的影响。

查封企业厂房、机器设备等生产资料,企业继续使用对该财产价值无重大影响的,可以允许其使用。 对于正在运营或者正在用于科技创新、产品研发的设备和技术资料等,一般不予查封、扣押,确需调取违法犯罪证据的,可以采取拍照、复制等方式。

Article 272: 被调查人及其近亲属认为监察机关及监察人员存在监察法第六十条第一款规定的有关情形,向监察机关提出申诉的,由监察机关案件监督管理部门依法受理,并按照法定的程序和时限办理。

Article 273: 监察机关在维护监督执法工作纪律方面失职失责的,予以严肃问责。 监察人员涉嫌严重职务违法、职务犯罪或者对案件处置出现重大失误的,既应当追究直接责任,还应当严肃追究负有责任的领导人员责任。

建立办案质量责任制,对滥用职权、失职失责造成严重后果的,实行终身问责。

Chapter VIII: Legal Responsibility

Article 274: 有关单位拒不执行监察机关依法作出的下列处理决定的,应当由其主管部门、上级机关责令改正,对单位给予通报批评,对负有责任的领导人员和直接责任人员依法给予处理:

(一)政务处分决定;

(二)问责决定;

(三)谈话提醒、批评教育、责令检查,或者予以诫勉的决定;

(四)采取调查措施的决定;

(五)复审、复核决定;

(六)监察机关依法作出的其他处理决定。

Article 275: 监察对象对控告人、申诉人、批评人、检举人、证人、监察人员进行打击、压制等报复陷害,情节严重的,监察机关应当依法给予政务处分。 Where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

Article 276: 控告人、检举人、证人采取捏造事实、伪造材料等方式诬告陷害的,监察机关应当依法给予政务处分,或者移送有关机关处理。 Where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

监察人员因依法履行职责遭受不实举报、诬告陷害、侮辱诽谤,致使名誉受到损害的,监察机关应当会同有关部门及时澄清事实,消除不良影响,并依法追究相关单位或者个人的责任。

Article 277: 监察机关应当建立健全办案安全责任制。 承办部门主要负责人和调查组组长是调查安全第一责任人。 调查组应当指定专人担任安全员。

地方各级监察机关履行管理、监督职责不力发生严重办案安全事故的,或者办案中存在严重违规违纪违法行为的,省级监察机关主要负责人应当向国家监察委员会作出检讨,并予以通报、严肃追责问责。

案件监督管理部门应当对办案安全责任制落实情况组织经常性检查和不定期抽查,发现问题及时报告并督促整改。

Article 278: 监察人员在履行职责中有下列行为之一的,依法严肃处理;构成犯罪的,依法追究刑事责任:

(一)贪污贿赂、徇私舞弊的;

(二)不履行或者不正确履行监督职责,应当发现的问题没有发现,或者发现问题不报告、不处置,造成严重影响的;

(三)未经批准、授权处置问题线索,发现重大案情隐瞒不报,或者私自留存、处理涉案材料的;

(四)利用职权或者职务上的影响干预调查工作的;

(五)违法窃取、泄露调查工作信息,或者泄露举报事项、举报受理情况以及举报人信息的;

(六)对被调查人或者涉案人员逼供、诱供,或者侮辱、打骂、虐待、体罚或者变相体罚的;

(七)违反规定处置查封、扣押、冻结的财物的;

(八)违反规定导致发生办案安全事故,或者发生安全事故后隐瞒不报、报告失实、处置不当的;

(九)违反规定采取留置措施的;

(十)违反规定限制他人出境,或者不按规定解除出境限制的;

(十一)其他职务违法和职务犯罪行为。

Article 279: 对监察人员在履行职责中存在违法行为的,可以根据情节轻重,依法进行谈话提醒、批评教育、责令检查、诫勉,或者给予政务处分。 Where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

Article 280: 监察机关及其工作人员在行使职权时,有下列情形之一的,受害人可以申请国家赔偿:

(一)采取留置措施后,决定撤销案件的;

(二)违法没收、追缴或者违法查封、扣押、冻结财物造成损害的;

(三)违法行使职权,造成被调查人、涉案人员或者证人身体伤害或者死亡的;

(四)非法剥夺他人人身自由的;

(五)其他侵犯公民、法人和其他组织合法权益造成损害的。

受害人死亡的,其继承人和其他有扶养关系的亲属有权要求赔偿。

Article 281: 监察机关及其工作人员违法行使职权侵犯公民、法人和其他组织的合法权益造成损害的,该机关为赔偿义务机关。 申请赔偿应当向赔偿义务机关提出,由该机关负责复审复核工作的部门受理。

赔偿以支付赔偿金为主要方式。 能够返还财产或者恢复原状的,予以返还财产或者恢复原状。

Chapter IX: Supplementary Provisions

Article 282: "Supervision organs" as used in these Regulations includes the supervision commissions at each level as well as supervision bodies or supervision commissioners that they station or dispatch.

Article 283: "Close relatives" as used in these Regulations refers to husbands, wives, fathers, mothers, sons, daughters, and biological siblings.

Article 284: The terms “above", "below", and "within" as used in these Regulations include that level or number.

Article 285: Time periods are calculated in hours, days, months, and years, with the hour and day on which the period begins not being calculated into the time period. Except as otherwise provided in these Regulations.

Where periods are calculated by years and months, the corresponding day in the final month is the final day ; where there is no corresponding day, the end of the month is the last day.

Where the final day is a legal holiday, the day after the end of the legal holiday is the final day of the period. 但被调查人留置期间应当至到期之日为止,不得因法定休假日而延长。

Article 286: The State Supervision Commission is responsible for the interpretation of these Regulations.

Article 287: This Regulation shall become effective on the date of publication.

 

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