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 Investigations
Article 22: Supervision organs are to perform supervision investigation 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: Supervision 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 the 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: Supervision Subjects
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 overseeing 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: Where public employees whose work unit is in an area and thwhose management authority is with the regulatory department are suspected of violations or crimes abusing public office, the supervision body or supervision commissioners with jurisdiction that are based in the regulatory department are usually to take jurisdiction; but after negotiation, the supervision body or super commissioners may transfer it for investigation to the local supervision commission for the area where the work unit is located, or jointly investigate with the local supervision commission. 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 oversight 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 notes 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 being investigated. 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) They 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: Frozen assets may be subject to subsequent freezing, but must not be subject to concurrent duplicative freezing. Where there is a subsequent freezing, the supervision organs shall request relevant banks or other financial institutions to give notice before unfreezing or making a disposition.
After supervision organs accept case property transferred from the justice organs, other supervision organs, or other such state organs, and the period for freezing employed by that state organ expires, the succession priority of the supervision organ's continued freezing is the same as for that of the state organ's freezing.
Article 110: In freezing assets, the rights holders, their legal representatives, or authorized agents shall be notified to sign the Notification of Freezing Assets. In freezing stocks, bonds, fund shares, and other property, the rights holders, their legal representatives, or authorized agents shall be notified of the right to apply for a sale.
Where the rights holder, their legal respresentatives, or authorized agents request the sale of stocks, bonds, fund shares, and other property that has been frozen, upon approval, a relevant body may sell or convert them in accordance with law, before the conclusion of case handling so long as it does not harm national interests or victims' interests, and does not impact the normal conduct of the investigation. Where frozen bills of exchange, promissory notes, or checks are nearing their expiration date, upon approval a relevant body may lawfully sell or convert them before the conclusion of case handling. Where the above assets are sold, a Notice of Permission to Sell Frozen Assets shall be issued.
The procedes from sale or conversion shall continue to be frozen in the corresponding bank account; and where there is no corresponding bank account, they shall be deposited in a dedicated account for safekeeping to as designated by the supervision organs, and the receipt for the deposit is to be sent for registration with the supervision organs. The supervision organs shall promptly issue a Notice of Sale of Frozen Assets to the rightsholder, their legal representative, or their agent, and request they sign it.
Article 111: Frozen assets shall be promptly checked. Where they are found to be unrelated to the case through the check a Notice of Release of Frozen Assets shall be sent to relevant units for implementation within 3 days of the check. The rights holder for the frozen assets or their legal representative or agent shall be notified of the release.
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:
(1) Where there is capacity on-site, the sealing or seizing of foreign currency, gold, silver, jewelry, artifacts, famous artwork, and other valuables that are difficult to distinguish from counterfeits shall be conducted on-site, and two or more investigators are to sign the sealing materials and indicate the time of sealing. Where there is not capacity on-site, they shall note this in the record, and seizure shall be conducted by methods such as photograph or video after securing it. Where valuable items that have been sealed or seized require evaluation, they shall be promptly evaluated.
(2) Where sealing or seizing account books, bank cards, negotiable securities, and other payment vouchers or cash with certain characteristics that can prove case facts, the characteristics, serial numbers, types, face value, number of sheets, and the amount shall be noted, and they shall be sealed on-site with two or more investigators signing the sealing materials and indicating the time of sealing.
(3) Where sealing or seizing items that are easily destroyed, lost, go bad, or are otherwise unsuited for long-term storage, this shall be noted in the record, and sealing shall be conducted through methods such as photographs or video after security it, or a relevant institution shall be entrusted to sell or auction them upon approval. The funds from the sale or auction are to be kept in a designated account and handled with others at the conclusion of the investigation.
(4) For audio tapes, videotapes, and electronic data storage media, that may be used to evidence, the cause of action, subjects, content, transcript, and the time, place, specifications, type, applicable length, file formats, and length of copies shall be noted in the case, and an inventory is to be created. Electronic equipment or storage media shall be sealed for storage where it meets requirements for sealing or seizure. When necessary, assistance may be requested from relevant organs.
(5) Property that cannot be divided and which was purchased by a person under investigation using both illegal and legal funds, may be sealed or seized in advance. Relevant units shall be retained after the case is concluded to auction or sell property that cannot be divided for return that is involved in violations, and the portion that is not unlawful gains or their proceeds is to be returned; where they are involved in a crime abusing public office, they are to be transferred to the justice organs for disposition in accordance with law.
(6) Hazardous goods or contraband that is sealed or seized shall be promptly sent to the relevant departments or sealed for strict safekeeping as required for work.
Article 129: Property and documents that need to be unsealed shall be handled together by two or more investigators. When sealing again, two or more investigators are to sign the sealing materials and note the time.
Article 130: In sealing or seizing property involved in the case, detailed information on the assets, an Inventory of Sealed/Seized Property and Document shall be recorded and transferred to the supervision organ's case property information management system within 20 days of the measures being employed.
Funds involved in the case shall be stored in a designated account appointed by the supervision organs within 15 days of the measures being employed. Items involved in the case shall be transferred to the departments for safekeeping case assets within 30 days of the measures being employed. Where due to special circumstances deposit into the accounts or transfer for safekeeping cannot be timely completed, it shall be reported as provided and the storage situation is to be recorded in the case property information management system; after the circumstances are eliminated, the deposit or transfer is to be promptly made.
Article 131: As needed for work on the case, property that has been transferred to the department for safekeeping of case assets may be temporarily transferred for use upon approval. When making transfers and returns, investigators and safekeeping personnel shall check the inventory in person. The departments for safekeeping shall make a record of the transfer and return with complete video recording, and upload it to the case property information management system.
Article 132: Where seized stocks, bonds, fund shares, and other property, as well as bills of exchange, promissory notes, and checks that will expire need to be sold or cashed, it is to be handled in accordance with provisions of these Measures on the sale of frozen assets.
Article 133: The period for sealing or seizing movable property must not exceed 1 year, and the period for sealing real estate must not exceed 2 years. Where the period needs to be extended for special reasons, it shall be reported for approval in accordance with the original procedures before the period expires.
After supervision organs accept case property transferred from the justice organs, other supervision organs, or other such state organs, and the period for sealing or seizing of the employed by the that state organ expires, the succession priority of the supervision organ's continued sealing or seizure is the same as for that of the state organ's sealing or seizure.
Article 134: A check shall be promptly conducted of property and documents that are sealed or seized. Where shown to be unrelated to the case through the check, they shall be unsealed or unseized and returned within three days upon approval. Where lifting seals or seizures, a Notice of Lifting Seals/Seizures shall be sent to the relevant units, the person in possession, or their families, with an Inventory of Property and Documents Released from Sealing/Seizure attached, and request that they sign it or affix a seal.
Article 135: Case property that is proactively handed over by supervision subjects and other relevant persons may be temporarily seized or sealed upon approval before a case is opened and investigated,
When employing temporary seizure or sealing, there must not be fewer than two investigators. An inventory check shall be conducted of temporarily seized or sealed property in conjunction with the person in possession, persons storing it, or authenticating witnesses, and a Registration Form for Temporarily Seized or Sealed Case Property is to be completed at the scene. The investigators, persons in possession, persons storing it, or authenticating witnesses shall sign or affix a seal to the registration form.
Based on the circumstances of opening and investigating the case, a decision on whether to seal or seize temporarily seized or sealed property shall be promptly made in accordance with law.
Section 11: Inquest and inspection
Article 136: After reporting for approval as provided, the supervision organ may conduct inquest inspections of locations, persons, traces, items, corpses, and electronic data involved in violations or crimes in accordance with law.
Article 137: Where inquest inspections are necessary in accordance with law, an Inquest Inspection Document shall be created; and where it is necessary to entrust the inquest inspection, an Inquest Inspection Entrustment Document shall be issued and sent to be handled by units with specialized knowledge that are qualified for inquest inspections.
Article 138: Two or more investigators shall preside over inquest inspections, and 2 authenticating witnesses who are unrelated to the case are to be invited to be on scene. A written record shall be made of the results of the inspection or examination, to be signed by the inspecting personnel and the authenticating witnesses.
An audio or video recording shall be made for the full process of on-site inquest inspections and sealing of electronic data storage media. Site photos and drawings of the on-scene situation shall be made and sign by the inspecting personnel.
Article 139: Examinations of persons being investigated or related persons may be conducted in accordance with law to determine their characteristics, injuries, or physiological state. When necessary forensic doctors or physicians may be recruited to conduct examinations of persons. Examinations of women's persons shall be conducted by female personnel or doctors. Where the person being investigated refused to be examined, the examination may be compelled in accordance with law.
Physical examinations must not employ methods that harm the life or health of the person being examined or that demeans their reputation or character. Information regarding the examinee’s personal privacy discovered in the course of examination shall be kept strictly confidential.
A record shall be kept of the physical examination and signed by the investigators participating in the inspection, the examiners, and the person being examined, and authenticating witnesses. Where the person being examined refuses to sign or leave a fingerprint, investigators shall indicate this in the notes.
Article 140: Upon approval, investigative tests may be conducted in accordance with law when necessary to clarify the case facts. Persons with relevant expertise may be retained to participate in investigative tests, and the persons being investigated, victims, and witnesses may also be required to participate.
An audio or visual recording shall be made of the entire process of conducting investigative tests, and records are to be made and signed by participants. All conduct that could cause danger, personal insult, or create a negative impact is prohibited in conducting investigative tests.
Article 141 : When necessary, investigative personnel may have victims, witnesses, and persons being investigated identify items, documents, corpses, or locations related to violations or crimes; and may also have victims or witnesses identify the persons being investigated or have the persons being investigated identify persons involved in the case.
Two or more investigators shall preside over identifications. Prior to identifications, the identifying groups shall be questioned in detail regarding the specific characteristics of the subjects of the identification, avoid seeing the subject of the identification, and notified of the legal responsibility to be borne for make false identifications. When several persons are all making identifications of the same target, they shall make their identifications separately. A record shall be made of the identification and signed by the investigators and persons making the identification..
Article 142: When identifying persons the number of persons in the identification must not be less than 7, or there must not be fewer than 10 photos.
If a person making an identification is unwilling to do so publicly, they may make the identification in circumstances that do not expose them and have their confidentiality protected.
Article 143: When organizing the identification of items, it shall usually be of the original item. Where the item to be identified is a valuable painting has circumstances such as being inconvenient to transport, the identification may be conducted on a photograph of the original item. When the identification is made, the persons making the identification shall sign the photograph to confirm it.
When identifying items, there must not be less than 5 similar items, or must not be less than 5 photographs.
For items for which it is difficult to find items with similar characteristics, a photo of the item may be given to the identifier for confirmation, and they are to sign it. Before the identifier makes the confirmation, they shall be questioned in detail about the item's specific characteristics, and a record is to be made of the confirmation process and outcome.
Article 144: Where the identification record has any of the following, it must not be the basis of the verdict:
(1) the person making the identification saw the person before the identification began;
(2) Identifications were not performed individually;
(3) The object of the identification was not mixed in with others sharing similar characteristics, or the number of persons in the line up did not meet the regulations, except for specified subjects of identifications;
(4) During the identification, the person leading the investing hinted or clearly indicated the suspect;
(5) The investigative personnel did not preside over the investigation;
(6) Relevant regulations were violated and there is no way to verify the veracity of the identification record.
Where the identification record has other flaws, a comprehensive judgment shall be made in consideration of the entirety of the case evidence and reviewing its veracity and relevance.
Section 12: Evaluations
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:
(1) evaluation of handwriting, printed documents, defaced documents, documents who time of creation is unclear, and documents expressed in other forms;
(2) Accounting evaluations of accounting materials on assets involved in the case;
(3) psychiatric evaluation of the capacity for action of persons being investigated or witnesses;
(4) Medical evaluation of the causes of death or injury;
(5) evaluation of audiovisual materialsl;
(6) Evaluation of electronic evidence for materials created by digital information technology and their derivatives;
(7) Other specialized evaluations that may be conducted in accordance with law.
Article 147: Supervision organs shall provide evaluators with necessary requirements and send evaluators the relevant materials, comparative samples, and other such original materials, and introduce the circumstances related to the evaluation. Investigators shall indicate the matters for which an evaluation request is requested, but must not suggest or coerce evaluators to make a certain evaluation opinion.
supervision organs shall complete the work of safeguarding and delivering evaluation materials, and make a record of the persons responsible for each link and ensure the consistency of the materials during the links and that they are not adulterated.
Article 148: Evaluators shall sign the evaluation opinion and inspection reports and attach proofs of the evaluation body and evaluators' qualifications or other proofs. When multiple evaluators’ opinions are inconsistent, the nature and reason for these differences shall be recorded on the evaluation opinions, and they shall each sign it.
Where during trial courts decide in accordance with law to have evaluators appear in court to testify, the supervision organs shall cooperate.
Where an evaluator intentionally falsifies an evaluation, they shall be pursued for criminal liability in accordance with law.
Article 149: Investigators shall conduct a review of the evaluation opinion. The person being investigated, as well as relevant units and individuals, shall be notified where evaluation opinion will be used as evidence after review, and sent a Notification of Evaluation of Opinion.
Where the persons being investigated or relevant units and individuals apply for supplemental evaluations or new evaluations, and review shows that the legally-prescribed requirements are met, it shall be reported as provided for approval, and a supplemental or new evaluation is to be conducted.
Article 150: Where any of the following circumstances are found through review, the evaluation shall be supplemented:
(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: Where any of the following circumstances are found through review, a new review shall be made:
(1) The evaluation was illegal or violated relevant professional technical requirements.
（2）The evaluation organs or evaluators didn't possess the qualifications or requirements for evaluations;
(3) The evaluator intentionally makes a false evaluation or violates provisions on recusal;
(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.
When deciding to conduct a new evaluation, the evaluation body and personnel shall be separately confirmed.
Article 152: For specialized issues in the case that need to be evaluated for which there is no legally-prescribed evaluation body, or where the laws and regulations provide that an examination may be conducted, a person possessing specialized knowledge may be appointed or hired to perform the examination, and the examination report may be a reference.
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 : The supervision inspection departments shall conduct a comprehensive analysis considering the overall circumstances of regions, departments, and units involved in leads, and raise an comment on handling them and draft a plan; and after approvals, carry out the disposition through methods such as conversation, inquiry letters, preliminary verification, temporary storage pending investigation, and learning about situations, or transfer it to the investigative departments for handling in accordance with their duties.
Inquiry letters shall be issued in the name of the supervision organ's general office to the person giving feedback, and a copy is to be sent to their unit and the principal responsible persons for the stationed supervision organ. The person receiving an inquiry letter is to write out explanatory materials within 15 working days of receiving the letter, and send it back after having it signed by the principle responsible person for their unit, Where the person receiving an inquiry letter is the principle responsible person for their unit, or where their explanations involve the principle responsible person for their unit, they shall directly return it to the supervision organs.
Where the person receiving the inquiry letter is already retired, it is to be handled in accordance with paragraph 2.
As needed for work, the supervision organs may verify the circumstances of conversations or inquiry letters upon approval.
Article 175 : Where persons making reports or accusations use their real name or the name of their unit, and have specific contact methods such as phone, it is a real-name report or accusation. Supervision organs shall give priority to handling and preferential treatment to real-name reports and accusations, responding in accordance with law. The petition reporting departments shall inform the informant or accuse of the acceptance within 15 working days of receiving real-name reports or accusations that are within those that the organ accepts, and complete a record.
Investigaotrs shall give feedback on the handling outcome to the informant or accuser within 15 working days of completing case handling for real-name reports and accusations, and make a record of the feedback.
Investigators shall give feedback on the handling outcome to the informant or accuser within 15 working days of completing case handling for real-name reports and accusations, and make a record of the feedback. A true record shall be made where informants or accusers submit objections, and an explanation is to be made to them; where they provide new evidence, it shall be verified and handled in accordance with law.
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.
The department taking it on shall comprehensively analyze the preliminary investigation and submit recommendations on the disposition in accordance with methods such as opening the case for investigation, learning about the situation, conversations, and reminders, storage pending investigation, or transfer to relevant departments and organs for handling and report for approval in accordance with he procedures for approving verification of the preliminary investigation.
Section 3: Opening a Case [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.
Where supervision organs need to give governmental sanctions to supervision subjects based on facts acertained by effective criminal judgments or rulings of the people's courts or the people's procuratorate's non-prosecution decisions, the relevant oversight and inspection departments may submit opinions on the governmental sanctions based on the judicial organs' effective judgments, rulings, decisions, and the facts, character, and circumstances they ascertained, and transfer them for trial in accordance with procedures. Supervision subjects that have received administrative punishments in accordance with law and need to be given governmental sanctions, formalities for opening a case shall be handled in accordance with law.
Article 182: Where the facts of the case are simple and the main facts on violations abusing public office have already been ascertained through preliminary investigation, the subject of the investigation shall be pursued for legal responsibility and it is not necessary to carry out an investigation, the opening of the case and transfer for trial may be reported for approval together, and it may be transferred for trial after completing procedures to open the case.
Article 183: Where higher-level supervision organs need to designate a lower-level supervision organ to open a case and investigate, they shall issue a Decision to Designate Jurisdiction after getting approval as provided, and it is to handle formalities for opening a case.
Article 184: After the opening of a case is approved, two or more investigators shall present their identification and announce the decision to open a case to the persons being investigated. After announcing the decision to open a case, they shall promptly send a Notification of Case Opening to relevant organizations such as the unit to which the persons being investigated belong, and report it to the principal responsible person for the unit.
Where opening a case and investigating suspected serious violations and crimes abusing public office and in employing retention in custody, it shall be announced to the public as provided.
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.
Where retention in custody is not employed against the person being investigated for violations or crimes abusing public office, a disposition decision shall be made within a year of opening the case; where the person being investigated has been released from retention in custody, a disposition decision shall be made within 1 year of the retention in custody being lifted. Where the circumstances of the case are major or complicated, an appropriate extension may be made with the approval of the supervision organ at the level above, but the extension must not exceed 6 months.
Where the person being investigated goes on the run after the case is opened for investigation, the period for the investigation is newly calculated from the date on which they are brought in.
Article 186: After the case is opened the principle responsible person for the supervision organ shall approve and confirm the investigation plan in accordance with legally-prescribed procedures.
Supervision organs shall form an investigation group to lawfully carry out investigations. Investigative work shall be conducted strictly in accordance with the approved plan and the scope of the investigation must not be freely expanded or the subjects and matters must not be modified, and major matters shall be promptly reported for guidance. During the period of investigation work the investigators must not independently have contact without any persons involved in the case or persons with specified stakeholders absent permission, and must not engage in activities unrelated to the investigation.
Article 187: The investigation group shall form written materials on the facts of the violations and crimes that have been found through investigation, and given to the person being investigated to be checked and verified, and their opinions are to be heard. The investigators shall sign the comments in the written materials. Where the person being investigated signs a different opinion or refuses to sign, the investigation group shall make an explanation or note the circumstances. Facts, reasoning, and evidence raised in defense by the person being investigated shall be verified and accepted where they are sustained.
The investigation group is to handle persons involved in the case who are suspected of bribery, being an intermediary for bribery, or joint crimes abusing public office in accordance with the provisions of the preceding paragraph, after ascertaining the issues of the suspected crimes.
Cases where the case is opened and transfer for the trial are reported together for approval in accordance with this article shall perform the procedures in paragraph 1 of this article before reporting for approval.
Article 188: The investigation group shall collectively deliberate after concluding investigative work, and form an investigative report. The investigation report shall clearly list the basic circumstances of the persons being investigative, the sources of leads, and the basis of the investigation, the investigation process, the main facts of the suspected violations or crimes abusing public office, the attitude and perspective of the person being investigated, handling recommendations and their legal basis, and it is to be signed by the head of the investigation group and relevant personnel.
A special report shall be formed on major issues, comments, and recommendations discovered during the investigation.
Article 189: Where the investigation group intends to transfer the person being investigated are suspected crimes abusing public office to the people's procuratorate to be reviewed for prosecution, they shall draft a Prosecution Recommendation. The Prosecution Recommendation shall indicate the basic circumstances of the person being investigated, a summary of the investigation, the period for which retention in custody was employed, the facts and evidence on the suspected crimes abusing public office, aggravating, mitigating, or commuting circumstances, the reasons and legal basis for transferring the person being investigated for prosecution, and recommendations for employing compulsory measures, and note content such as the number of case files and assets transferred with the case.
The investigation group shall form materials on the process of bringing the person being investigated into the case, sentencing circumstances, and other areas, including the source of the case, the process of bringing in suspects and sentencing factors such as voluntary surrender, truthful confession, and meritorious contribution, their expressions of remorse, returning of stolen goods, avoidance or reduction of harmful consequences, and explanations or relevant materials of relevant circumstances. Where issues that have been reported or uncovered have already had a case opened or been cracked through investigation, and investigative measures or criminal compulsory measures, indictment, or trial have already been taken against the reported or uncovered person, relevant legal documents shall also be attached.
Article 190: Where after investigation it is found that the person being investigated has committed violations or crimes abusing public office, different comments on disposition shall be made in light of differing circumstances, and after approval send the investigation report, materials on the facts of the violation or crimes abusing public office, a report on the assets involved in the case, comments on handling the persons involved in the case, and other such materials, and sent for trial along with the totality of case evidence and documentary formalities.
An independent file shall be made of cases material on suspected crimes abusing public office in accordance with the requirements of the criminal procedure, and sent together for trial with he Prosecution Recommendation, simultaneous audio or visual recording materials, report on assets involved in the case,
Materials from the entire course of the investigation shall be made into a file and archived at completion.
Section 5: Trial
Article 191: After case trial departments receive cases transferred for trial, they shall check whether the materials are complete and the formalities have been completed. Where the person being investigated is suspected of crimes abusing public office, they shall also check whether the relevant case file materials meet the filing requirements for crimes abusing public office, whether the investigation report independently describes issues on the suspected crimes that have already been clarified, and whether a Recommendation for Prosecution has been created.
Where after review it is found to meet the requirements for transfer, it shall be accepted; where the requirements for transfer are not met acceptance may be delayed or denied, and supplementation and improvement of the materials is to be requested.
Article 192: After the case trial department accepts the case, it shall put together a trial group of two or more persons to fully hear the case file materials.
Case trial departments shall conduct a full hearing of the evidence on case facts, determination of its nature, procedures, assets involved in the case, and so forth in cases they accept, with the Supervision Law, the PRC Law on Governmental Sanctions for Public Employees, the Criminal Law of the PRC, the Criminal Procedure Law of the PRC, and other laws and regulations as their measure, so that the facts are clear, the evidence is conclusive, the characterization is correct, the disposition is proper, the procedures are lawful, and the formalities are completed.
Case trial departments shall strengthen functions of oversight and restraint, strictly reviewing the case, persisting in seeking truth from facts and independent trial, and lawfully submitting trial comments. In adherence to the principle of relative separation of investigation and trial, investigators must not participate in the trial.
Article 193: Trial efforts shall adhere to the principle of the System of Democratic Centralism, forming trial opinions after collective deliberation.
Article 194: Trial efforts shall be completed within one month of acceptance, and this may be appropriately extended upon approval in major or complex cases.
Article 195: Based on the circumstances of case trials, the case trial department may talk with the person being investigated after approval to check the facts of the suspected violations or crimes, hear their justifications and opinions, learn about relevant circumstances, and notify them of their rights and obligations. When talking with the person being investigated, there must not be fewer than 2 case trial personnel.
In any of the following circumstances, the person being investigated shall be talked with:
(1) The person being investigated is in retention in custody;
(2) There might be circumstances of illegal evidence collection;
(3) The person being investigated signed that they do not agree with the materials on facts of the suspected violations or crimes, or refused to sign;
(4) The person being investigated requests to make a statement to a trial personnel in person；
(5) Other situations where it is necessary to conduct a conversation with the person being investigated.
Article 196: Where it is found through trial the facts of the violation or crime are not clear or that the evidence is not sufficient, after approval, the case shall be returned to the department taking it on for a new investigation.
In any of the following circumstances where it is necessary to supplement or improve evidence, it may be returned for supplemental investigation after approval:
(1) Some of the facts are unclear or some of the evidence is insufficient;
(2) Violations of crimes have been omitted;
(3) Other situations where further clarification of case facts is necessary.
Where the case trial departmnets return the case for new investigation or supplemental investigation, they shall issue review comments indicating the matters for investigation, the reasons, the direction for investigation, evidence that requires the supplemental collection, the use of that evidence, and so forth, and send this to the departmnet handling it together with the case file materials.
After the undertaking department completes its supplemental investigation, it shall report on the supplemental evidence upon approval, and send them together to the case trial department with the case file materials; and for matters that truly cannot be clarified or evidence that there is no way to supplement, a written explanation shall be made. After new investigations, a new investigation report shall be put together and transferred for trial in accordance with law.
Where new investigations are completed and transferred for trial, the time limits for trial are to be newly calculated. The period for supplemental investigation is not calculated into the time limits for trial.
Article 197: After trial work is completed, a trial report shall be formed indicating the basic circumstances of the investigators, a summary of the investigation, the alleged violations or crimes, the attitude and understanding of the person being investigated, the disposition of the property involved in the case, the opinions of the undertaking department, trial comments, and other such content, and centralized deliberation is to be requested from the supervision organ.
Where the person being investigated is suspected of crimes abusing public office and needs to be pursued for criminal responsibility, an Opinion in Support of Prosecution shall be formed and made an attachment to the trial report. The Opinion in Support of Prosecution shall be faithful to the truth and indicate the basic circumstances of the person being investigated, a summary of the investigation, the time which retention in custody was employed, facts of the crime and evidence ascertained in accordance with law; circumstances such as for severe, lenient, or commuted punishment; the circumstances of property involved in the case, the charges alleged and their legal basis, suggestions for employing compulsory measures, and other circumstances that need to be explained.
Article 198: Where a higher-level supervision organ handles a case that is in the jurisdiction of the lower-level supervision organ, it may directly make a disposition after trial and may also form a disposition opinion after trial and give it to the lower-level supervision organ for handling.
Article 199: supervision organs that have been designated to take jurisdiction shall transfer the case for trial after completing the investigation and request collective deliberation by the supervision organ.
Where higher-level supervision organs designate jurisdication of cases in their jurisdiction, the lower-level supervision organ designated to take jurisdiction shall handle it in accordance with the provisions of the preceding paragraph and then report the case to the higher-level supervision organ to make a disposition such as a decision on governmental sanctions. Before the higher-level supervision organ makes a decision on disposition, it shall conduct a review.
Where higher-level supervision organ designate jurisdiction of cases in the jurisdiction of a lower-level supervision organ to another lower-level supervision organ, the supervision organ designated to take jurisdiction shall handle it in accordance with the provisions of the first paragraph of this article and then report the case to a supervision organ with management authority for a decision on governmental sanctions or other dispositions. The supervision organ with management authority shall conduct a review and where the trial opinions and the opinions of the supervision organ designated for jurisdiction differ, the two sides shall communicate, and when a consensus opinion cannot be reached through this communication, report to a higher-level supervision organ with decision making authority for a decision. After negotiation, supervision organs with management authority may read the case file or communicate to learn about the situation in advance during the stage of trial at the supervision organ that has been designated to have jurisdiction.
In major and complicated cases provided for in the preceding paragraph, where after collective deliberation the supervision organ that has been designated to take jurisdiction sends a disposition opinion to a higher-level supervision organ with decision-making authority for verification and approval, the supervision organ with management authority may make a disposition after collective deliberation.
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.
The recovery of assets involved in the case is to follow the principle of recovering the original item, and where the original item has already been converted into other property, the converted form of the assets are to be recovered; and where assets involved in the case for which there is evidence showing they shall be recovered or confiscated in accordance with law cannot be found, have been purchased in good faith by others, have lost value, or have been inseparably mingled with lawful assets, then other assets of equivalent value may be recovered or confiscated.
Enforcement of recovery and orders of restitution shall be 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: Where supervision subjects are dissatisfied with the supervision organs' disposition decisions that are related to them, they may apply for a reexamination from the supervision organ that made the decision within 1 month from the date on which they received the decision. 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.
To persist in separating review and reconsideration; the original investigation and trial personnel must not participate in reviews and reconsiderations.
Section 7: Transfer for Review for Prosecution
Article 212: Where supervision organs decide to transfer a person being investigated to be prosecuted for suspected crimes abusing public office they shall issue a transfer letter and a Prosecution Recommendation, and transfer them to the people's procuratorate at the same level along with case file materials and evidence.
The case trial departments of supervision organs are responsible for efforts on connecting with the people's procuratorate for review for prosecution, and shall be assisted by departments such as for investigations and case oversight.
Cases of crimes abusing public office investigated by supervision bodies and supervision commissioners stationed or dispatched by the State Supervision Commission shall be transferred to the provincial level people's procuratorate to be reviewed for prosecution.
Article 213: Where persons being investigated who are suspected of crimes abusing public office and persons involved in the case meet the requirements of articles 31 and 32 of the Supervision Law, the following comprehensive judgment and collective deliberation by the supervision organs in consideration of factors such as their performance before the case and the circumstances, consequences, and impact of their violations and crimes, a recommendation for a lenient punishment may be made when transferring the case to the people's procuratorate after reporting for approval to the supervision organ at the level above. When reporting for approval, the main evidence and materials on repentance shall be provided.
The oversight inspection departments of the supervision organs at the level above are responsible for review efforts. Reviews are to emphasize finding circumstances for lenient punishment and making a recommendation for a lenient punishment, and a reply is to be made within 15 working days.
Article 214: In any of the following circumstances, persons being investigated may be found to have voluntary surrendered and and truly acknowledged and repented the crime as provided for in article 31(1) of the Supervision Law:
(1) They surrendered to the supervision organs and recounted the major facts of their own crimes, before issues of crimes abusing public office were known to the supervision organs;
(2) When in the course of the supervision organs having a conversation with them, they truthfully recount issues of suspected crimes abusing public office that the supervision organs had not yet known of;
(3) During the preliminary verification period they surrender before having been spoken to by then supervision organs and truthfully recount the major facts of their own crimes;
(4) Where even though a case has been opened regarding issues of crimes abusing public office, they have not yet been interrogated or put in retention in custody, and they surrender to the supervision organs and truthfully recount the major facts of their own crimes:
(5) Where they are unable to come forward and surrender due to objective reasons such as injury and first entrust others to express willingness to surrender on their behalf, or express willingness to surrender by mail, online, phone, fax or other such methods, and later go to the supervision organ to accept a disposition and truthfully recount the major facts of their own crimes；
(6) Where after absconding while suspected of crimes abusing public office, they then surrender, including surrender while listed as wanted or while be caught, and truthfully recount the major facts of their own crimes;
(7) Where upon review it is confirmed they were caught by the relevant organs while preparing to surrender or while in the course of surrendering, and they truthfully recount the major facts of their own crimes;
(8) Where they were urged or accompanied by others to surrender, and they truthfully recount the major facts of their own crimes;
(9) Where although they have not surrendered to the supervision organs, they have surrendered to their Party organization, unit, or to relevant persons in charge, an inspection patrol body, or to public security organs, people's procuratorates, or people's courts, and truthfully recount the major facts of their own crimes;
(10) Where they have other circumstances that shall be viewed as voluntary surrender and have truthfully recounted the major facts of their own crimes.
Where after voluntarily surrendering, the person being investigated is unable to truthfully recount the major facts of their own crimes, or where they recant after having voluntarily surrendered and truthfully recounted their crimes, the provisions of the preceding paragraph must not be applied.
Article 215: In any of the following circumstances, persons being investigated for suspected crimes abusing public office may be found to have actively cooperated with the investigation and truthfully confessed to illegal or criminal acts of the which the supervision organs had not yet been aware, as provided for in article 31(2) of the Supervision Law:
(1) The facts on crimes in leads that the supervision organs had were not sustained and the person being investigated recounts other crimes beyond the scope of these;
(2) They proactively provide facts of crimes that the supervision organs were not yet aware of and which are on a different type of criminal activity than the supervision organs were already aware of;
(3) They proactively provide facts of crimes that the supervision organs were not yet aware of and which are on they same type of criminal activity than the supervision organs were already aware of;
(4) The evidence that the supervision organs are aware of is insufficient, and the person being investigated assists in collecting evidence on which the verdict is based.
Different and same types of criminal activity as used in the preceding paragraph are usually distinguished based on the charge. Where the charge for crimes that are truthfully confessed by the person being investigated is different from that already known to the supervision organs, but it is a selective charge or has a clear relationship in law or fact, it shall be held to be the same type of crime.
Article 216: In any of the following circumstances, persons being investigated for suspected crimes abusing public office may be found to have proactively returned the spoils and reduced damages as provided for in article 31(3) of the Supervision Law;
(1) They returned the full amount of spoils;
(2) They lacked the ability to return spoils but the person being investigated and their family and friends actively cooperated with the supervision organs' recovery of funds and property, and the large of majority the spoils have been recovered;
(3) After the crime, measures were employed to avoid the occurrence of losses, or effective measures were employed to reduce the harm, or avoid the majority of the harm;
Article 217: In any of the following circumstances, persons being investigated for suspected crimes abusing public office may be found to have major meritorious contribution as provided for in article 31(4) of the Supervision Law:
(1) They expose major criminal conduct by others that is proven true through review;
(2) They provide important leads for other major cases that are proven true through review;
(3) They prevent someone from engaging in major criminal acts;
(4) They assist in the capture of other persons being investigated in cases of major crimes abusing public office or major criminal suspects (including accomplices in the same case);
(5) They make other major contributions to the nation or society such as avoiding major harms to the nation.
"Major crimes" as used in the preceding paragraph usually refers to criminal acts for which a penalty of life imprisonment or higher might be given; ：“major cases“” usually refers to cases with a larger impact within a province, autonomous region, or directly governed municipality, or throughout the nation; "prove true upon review" usually refers to a judgment made in consideration of the case facts and evidence with a case having been opened and investigated by a supervision organ or judicial organ, the person being investigated or criminal suspect being put under etention in custody by the supervision organs or having compulsory measures employed by the judicial organs, or a defendant being found guilty by the people's court.
"The case involved major state interests" as used in article 31(4) of the Supervision Law refers to the case involving national sovereignty, territorial integrity, national security, foreign affairs, social stability, economic development, and other such situations.
Article 218: in any of the following circumstances, persons involved in the case who are suspected of crimes such as bribery may be found to have revealed the person being investigated's violations or crimes abusing public office that have proven true or providing important leads that assist in the investigation of other cases, as provided for in article 32 of the Supervision Law:
(1) They revealed ordinary or major crimes abusing public office outside the case they are involved in, which prove true upon review.
(2) The major leads they provide point to specific facts of crimes abusing public office, and play a substantive role in advancing the investigation of other cases;
(3) The major leads they provide assist in accelerating the progress of handling other cases, or play an active role in fixing key evidence, repairing harms, or recovering losses in another case；
Article 219: Recommendations for lenient punishment shall be submitted together as the content of the Prosecution Recommendation when transferring for prosecution, but in special circumstances may be independently formed and transferred to the people's procuratorate after the case is transferred but before indictment by the people's procuratorate. The evidence on which the recommendation for leniency is based shall be transferred together to the people's procuratorate.
In cases where the person being investigated admitted guilt and accepted punishment during the investigation phase but does not meet the requirements of the supervision organs for submitting a recommendation for leniency, and where a recommendation for leniency is not submitted when transferring for prosecution, the supervision organs shall indicate the willingness to admit guilt and accept punishment in the Prosecution Opinion.
Article 220: 10 days before formally transferring the case, the supervision organs shall normally give written notice or other appropriate warning to the people's procuratorate that they intend to transfer to. Of these, in cases where retention in custody has already been employed and it is discovered that for physical or other reasons there are circumstances making detention inappropriate or that might otherwise impact the enforcement of criminal compulsory measures, the people's procuratorate shall be notified. In cases where retention in custody has not been employed, based on the specific circumstances of the case, a recommendation may be submitted to the people's procuratorate employ compulsory measures against the person being investigated.
Article 221: Supervision organs transferring cases of crimes abusing public office for prosecution where it is necessary for jurisdiction to be designated for indictment or trial, shall negotiate the relevant procedural matters with the people's procuratorate of the same level. Where it is necessary for the people's procuratorate at the level above to designate jurisdiction, they shall request that the people's procuratorate at the same level handle the designation of jurisdiction.
The supervision organs shall normally send the letter requesting designation of jurisdiction to the people's procuratorate of the same level 20 days before transferring the case. The letter requesting the designation of jurisdiction shall have the basic case circumstances attached and where cases on the persons being investigated that have already been opened for investigation need to be joined for review for prosecution, an explanation is to be made together.
Where jurisdiction needs to be designated for indictment or trial of cases of crimes abusing public office that are investigated by remote or dispatched supervision bodies or supervision commissioners, they shall report to the dispatching organ to handle the procedures for designating jurisdiction.
Article 222: Where a higher-level supervision organ designates a lower-level supervision organ to conduct an investigation, and when transferring the case for prosecution it is necessary for the people's procuratorate to designate jurisdiction in accordance with law, the higher-level supervision organ and the people's procuratorate of the same level are to negotiate the relevant procedural matters prior to transfer for prosecution.
Article 223: In cases of crimes abusing public office that have already been transferred for prosecution Where supervision organs discover that crimes by the person being investigated were omitted and that it is necessary to supplement, they shall issue a Supplemental Prosecution Opinion after approval, and transfer it to the people's procuratorate at the same level along with case file materials and evidence.
Where it is necessary to supplement the transfer for prosecution in cases where jurisdiction has been designated by the people's procuratorate, it may be sent directly to the people's procuratorate that originally received the transfer for prosecution; where it is necessary to attach criminal suspects or defendants, discussions shall be held again with people's procuratorate to handle procedures for designating jurisdiction.
Article 224: For persons involved in cases of suspected bribery and being an intermediary for bribery, or joint crimes abusing public office, and other related cases, jurisdiction will normally be set in accordance with the primary case when transferring for prosecution.
Where the main case and related cases are opened and investigated by different supervision organs, the supervision organ investigating the related cases shall report or give notice to the supervision organ investigating the main case before transferring for prosecution, and it is to uniformly coordinate jurisdiction matters in the case. Where due to special circumstances it is not appropriate for the jurisdiction of the related cases to follow that of the main case, the supervision organ investigating the main case shall promptly give notice and coordinate relevant matters.
Article 225: Supervision organs shall actively cooperate with the following requests submitted by people's procuratorate during the review for prosecution:
(1) Requests for the supervision organs to make an explanation of the legality of the collection of evidence or provide relevant evidence materials in situations where there might be have been illegal collection of evidence;
(2) Requesting that supervision organs separately appoint investigators to collect evidence de novo after the exclusion of illegal evidence;
(3) Requesting that investigators provide the circumstances relevant to obtaining or creating physical and documentary evidence, audiovisual materials, electronic data, and the records of inquest inspections, identifications, investigations that are flawed;
(4) Requesting that supervision organs conduct evaluations of certain specialized issues in the case, or conduct reviews and re-examination of inspections and examinations;
(5) Requesting that supervision organs provide supplemental evidence when finding that the facts of the main crime have already been ascertained and that a portion of the evidence still needs to be supplemented and improved;
(6) Other Requests submitted by the people's procuratorates in accordance with law.
Article 226: In cases remanded for supplemental investigation by the people's procuratorate in accordance with law, the supervision organs shall report to the principle responsible person actively carry out efforts, and must not delay handling.
Article 227: In cases remanded for supplemental investigation the following distinct dispositions may be made upon approval:
(1) Where the evidence found to not be sufficient, after the evidence is supplemented and a supplemental evidence report is drafted and transferred to the people's procuratorate for review along with relevant materials, a written explanation shall be made of evidence that could not be supplemented or improved, and have the seal of the supervision organ or undertaking departments attached;
(2) Where new defendants in the case are discovered or added during supplemental investigation, or the facts of the crime are changes, or it is necessary to pursue criminal responsibility, a new disposition opinion shall be submitted and transferred for review to the people's procuratorate;
(3) Where there is a major change in the determination of the facts of the crime, and is found that the person being investigated shall not be pursued for criminal responsibility, a new disposition opinion shall be issued, and written notice of the outcome is to be made to the people's procuratorate with explanations and reasoning;
(4) Where it is found that the facts of the crime transferred for prosecution are clear, that the evidence is credible and sufficient, the reasons shall be explained and transferred to the people's procuratorate for review in accordance with law.
Article 228: Where the people's procuratorate discovers new leads on violations or crimes abusing public office in the course of review for prosecution and transfers them to the supervision organs, the supervision organs shall handle them in accordance with law.
Article 229: Where during the course of trial the people's procuratorate requests in writing that the supervision organs provide supplemental evidence or supplement and explain evidence, or assist supplemental investigations, the supervision organs shall cooperate. Where the supervision organs cannot provide relevant evidence, they shall explain the situation in writing.
When people's courts request that relevant investigators appear in court to explain the circumstances during trial regarding the legality of evidence collection, the supervision organs shall cooperate as needed for work.
Article 230: Where supervision organs find that the people's procuratorates decision to not prosecute was in error, they shall request a reconsideration from the people's procuratorate at the level above in accordance with law within 30 days of receiving the non-prosecution decision. The supervision organs shall promptly report the circumstances described above to the supervision organ at the level above in writing.
Article 231: In cases transferred for prosecution by the supervision organs, where the people's procuratorate makes a decision to not prosecute, the people's courts make a not guilty judgment, or where after the people's procuratorate remands for supplemental investigation the supervision organs do not transfer the case for prosecution again, and it involves the finding of facts for governmental sanctions that have already take effect, the supervision organs shall conduct a review of the governmental sanctions decision in accordance with law. Where it is found that the facts found in the original governmental sanctions decision were clear, and the law was applied correctly, it is not to be changed; where it is found that the facts found in the original governmental sanctions decision were truly in error or improper, it is to be revoked or modified in accordance with law.
Article 232: In cases of crimes abusing public office such as corruption and bribery or dereliction of duty, where the person being investigated is at large and cannot be brought in after being listed as wanted for one year, or where the person being investigated has died, but unlawful gains and other assets involved in the case shall be recovered in accordance with law, the departments undertaking it shall transfer it for trial in accordance with law after the investigation concludes.
Supervision organs shall collectively deliberate and then issue an Opinion on the Confiscation of Unlawful Gains, to be transferred together with the case file materials and evidence to the people's procuratorate with jurisdiction as part of an application for the confiscation of unlawful gains.
Where after the supervision organs transfer an Opinion on the Confiscation of Unlawful Gains to the people's procuratorate, a person who is being investigated and has fled voluntary surrenders or is captured, the supervision organs shall promptly notify the people's procuratorate at the same level.
Article 233: In cases of corruption and bribery opened and investigated by the supervision organs that plan to use the procedures for trial in absentia, the supervision organs shall report up to the State Supervision Commission for approval.
Where the department of supervision organs taking on the matter find the facts of crimes by persons being investigated who are out of the country are clear and that the evidence is credible and sufficient, and that criminal responsibility shall be pursued in accordance with law, they shall lawfully transfer it for trial.
Supervision organs shall collectively deliberate and then issue Prosecution Opinion, to be transferred together with the case file materials and evidence to the people's procuratorate for review for prosecution.
Where during the course of review for prosecution or trial in absentia, the person being investigated voluntarily surrenders to the supervision organs or is caught, the supervision organs shall immediately notify the people's procuratorate and people's court.
Chapter VI: International Anti-Corruption Cooperation
Section 1: Work Duties and Leadership Systems
Article 234: The State Supervision Commission is to carry out overall planning and coordination for international anti-corruption communication and cooperation with other nations, regions, and international organizations.
The State Supervision Commission is to organize the implementation of international anti-corruption treaties such as the United Nations Convention against Corruption (UNCAC) as well as work such as on convention performance reviews, and is to take on central organs' efforts related judicial assistance under UNCAC.
The State Supervision Commission is to organize and coordinate relevant units in establishing a centralized and uniform, highly effective and clear coordination mechanism for international recovery of spoils and for preventing flight of suspects; planning, coordinating, urging, and guiding efforts to handle cases involving foreign interests such as international recovery of spoils, and specifically performing the following duties:
(1) drafting anti-corruption work plans for international recovery of spoils and prevention of flight, and researching major issues in these efforts;
(2) organizing and coordinating anti-corruption efforts on handling major cases involving foreign interests such as in international recovery of spoils;
(3) Handle cases involving foreign interests that are in the jurisdiction of the State Supervision Commission;
(4) Guide all levels of local supervision organ to carry out the handling of cases involving following interests in accordance with law;
(5) Aggregate and report information on cases of crimes abusing public office where the offender has absconded abroad and information on the pursuit of suspects and spoils for the entire nation;
(6) establish and complete cooperative international networks for the pursuit of suspects and spoils and prevention of flight;
(7) Undertake duties as the organ in charge of supervision organs carrying out interntational criminal justice assistance;
(8) Undertaking other duties related to the international pursuit of anti-corruption suspects and spoils and other case handling involving foreign interests.
Article 235: Under the leadership of the State Supervision Commission, all levels of local State Supervision Commission are to do overall coordination and guidance of international pursuit of anticorruption suspects and spoils and other case handling related to foreign interests, specifically performing the following duties:
(1) implementing the allocations of higher-level supervision organs regarding international pursuit of anticorruption suspects and spoils and other case handling related to foreign interests, and draft work plans;
(2) handle cases involving foreign interests in accordance with the scope of their jurisdiction or jurisdiction as designated by higher-level supervision organs;
(3) Assist and cooperate with other supervision organs in carry out efforts to handle cases involving foreign interests in accordance with the requirements of higher-level supervision organs;
(4) Aggregate and report information on cases of crimes abusing public office where the offender has absconded abroad and information on the pursuit of suspects and spoils for the corresponding region;
(5) Undertake other duties related to the international pursuit of anti-corruption suspects and spoils and other case handling involving foreign interests in that region.
In conjunction iwth relevant units, provincial-level supervision commissions shall establish and complete anti-corruption mechanisms for international pursuit of stolen assets and prevention of flight for the corresponding region.
Supervision bodies and supervision commissioners remotely stationed or dispatched by the State Supervision Commission are to plan, coordinate, supervise, and guide the corresponding departments' anti-corruption efforts on the international pursuit of spoils and other work related to the case, with reference to the provisions of the first paragraph.
Article 236: The State Supervision Commission's bureau for international cooperation is to centrally manage supervision organs case handling efforts in cases involving foreign interests, such as the international pursuit of spoils and prevention of flight. All levels of local supervision commission shall clarify the responsible departments to manage local case handling efforts in cases involving foreign interests.
Matters related to international law enforcement and judicial cooperation in cases involving foreign interests handled by supervision bodies or supervision commissioners remotely stationed or dispatched by the State Supervision Commission, and all levels of local supervision organs, shall be reported up to the State Supervision Commission for review and approval. The State Supervision Commission and relevant state (local) organ bodies are to communicate and coordinate and proceed in a fashion agreed upon by both parties. Where the relevant state (local) organ bodies need to dispatch personnel to carry out anti-corruption law enforcement activities outside the mainland territory of the PRC, the State Supervision Commission shall communicate and coordinate with them and proceed in a fashion agreed upon by both parties.
Article 237: The supervision organs shall establish an internal joint mechanism for efforts on the recovery of suspects and spoils and prevention of flight. Where in the course of conducting investigations the undertaking department discovers that the person being investigated or important persons involved in the case have fled, or that unlawful gains and other assets involved in the case have been transferred outside the mainland territory, they may request that the department for recovery of suspects and spoils provide assistance. Where after supervision organs transfer cases to the people's procuratorate to be reviewed for prosecution, there are still important persons involved in the case that have fled abroad or unlawful gains and other assets involved in the case that have not been recovered, the department for recovery of suspects of spoils shall continue to handle it, or it may designate and coordinate relevant departments to handle it.
Section 2: Domestic Efforts
Article 238: The supervision organs shall include flight prevention in routine oversight, urging relevant organs and units to establish and complete responsibility systems for flight prevention.
In oversight and investigation efforts, the supervision organs shall formulate flight prevention plans for supervision subjects and important persons involved in the case in light of the circumstances, to prevent any flight abroad and risks of funds going abroad. In conjunction with units of the same level such as for organizing human resources, foreign affairs, public security, and immigration, the supervision organs are to complete early warning mechanisms for flight prevention, for the early discovery, reporting, and addressing of supervision subjects that are flight risks.
Article 239: Supervision organs shall strengthen communication and coordination with the same level of units such as the People's Bank of China and public security, to promote prevention and combat the use of offshore companies, underground banks, and so forth to transfer unlawful gains and other assets involved in the case overseas, and conduct an investigation in accordance with law of conduct involving violations and crimes abusing public office.
Article 240: Where supervision bodies and supervision commissioners remotely stationed or dispatched by the State Supervision Commission, and any level of local supervision commission discover that supervision subjects have fled, disappeared, or left, or that unlawful gains or other assets involved in the case have been transferred outside the mainland, they shall report the relevant information up to the State Supervision Commission bureau for international cooperation and quickly carry out related work.
Article 241: Supervision organs' departments for the pursuit of suspects and spoils are to uniformly accept information on flight from units such as inspection bodies, auditing organs, administrative law enforcement departments, and judicial organs
For persons suspected of violations and crimes abusing public office that have fled abroad, the supervision organ shall indicate the undertaking department, and open a case archive.
Article 242: Supervision organs shall fully collect evidence on persons suspected of violations or crimes abusing public office that have fled abroad, as well as evidence that they have violated the laws of the relevant country (region).
Article 243: In carrying out international anti-corruption recovery efforts and other case-handling efforts in cases involving foreign interests, ideological education shall permeate from start to finish, the criminal policy of blending leniency and severity shall be implemented, the system of leniency for those who confess and accept punishment shall be applied in accordance with law, to urge the person who has fled to return to the country and surrender or cooperate with the investigation and proactively return stolen goods. The laws and regulations of the country (region) shall be respected in carrying out work.
Article 244: After persons who have fled are brought in or unlawful gains and other assets involved in the case are recovered, the supervision organ undertaking the case shall report the circumstances up to the State Supervision Commission's bureau for international cooperation. Supervision organs shall make a disposition as to persons involved in the case and unlawful gains or other assets involved in the case in accordance with law, or request that relevant units do so. Where it is not necessary to continue employing related measures, they shall promptly life or revoke them.
Section 3: External Cooperation
Article 245: Where supervision organs need to apply for publication of an Interpol red notice for a person who has fled abroad who shall be placed in retention in custody in accordance with law or for whom there is already a retention in custody decision, they shall report up to the State Supervision Commission for review and verification. After review and verification by the State Supervision Commission, an application is to be sent to Interpol through the Ministry of Public Security.
Where it is necessary to extend, suspend, or withdraw a red notice, the supervision organ that applied for the publication of the red notice shall report up to the State Supervision Commission for review and verification, and the State Supervision Commission is to contact Interpol through the Ministry of Public Security to handle it.
Article 246: Any level of local supervision organ handling cases involving foreign interests through extradition shall follow laws on extradition, relevant international bilateral or multilateral treaties, relevant state laws, and other provisions to prepare an extradition request and other related materials, and report this up to the State Supervision Commission for review and verification. The State Supervision Commission is to submit the extradition request through diplomatic channels.
Article 247: All levels of local supervision organ using criminal justice assistance to handle cases involving foreign interests shall follow international law on criminal justice assistance, relevant international bilateral or multilateral treaties, the law of relevant states, and other provisions to prepare a request for criminal justice assistance and related materials, and report this up to the State Supervision Commission for review and verification. The State Supervision Commission is to submit the request for criminal justice assistance abroad either directly or through channels such as organs for foreign contact.
Where the State Supervision Commission receives requests for criminal justice assistance submitted by foreign states and the attached materials, and after review finds that they meet the requirements of relevant provisions, they are to make a decision and give it to a provincial-level supervision organ for implementation or transfer it to the relevant responsible organs.
The provincial-level supervision organs shall immediately implement it or give it to a lower-level supervision organ to do so, and promptly report the outcome of the implementation or any obstructions to enforcement, to the State Supervision Commission. During the course of implementation, where it is necessary to employ measures such as making inquiries, investigation, sealing, seizure, or freezing in accordance with law, or it is necessary to return assets involved in the case, the relevant legal formalities are to be completed based on the provisions of our nation's laws and the implementation decision of the State Supervision Commission.
Article 248: Where any level of local supervision organ uses law enforcement cooperation to handle cases involving foreign interests, it shall report the matter for cooperation and relevant materials up to the State Supervision Commission for review and verification. The State Supervision Commission is to submit the matter to the relevant country (region) and carry out cooperation either directly or in coordination with relevant units.
Article 249: Where any level of local supervision organ uses overseas prosecution to handle cases involving foreign interests, it shall provide leads and evidence on violations of the relevant country's (region's) laws and report up to the State Supervision Commission for review and verification. The State Supervision Commission is to submit them to the relevant nation either directly or in coordination with relevant units, and request that the person who has fled be investigated, prosecuted, and tried on the basis of local laws, and discuss the repatriation of that person with the relevant country (region).
Article 250: Supervision organs shall order persons involved in the case to use legal methods to make restitution for unlawful gains and other assets involved in the case that are abroad and shall be recovered in accordance with law. Where persons in the case refuse to make restitution, restitution may be made through the following methods:
(1) When carrying out extradition or other cooperation on pursuit, make a collateral request to the relevant country (region) to transfer the related unlawful gains or other assets involved in the case;
(2) Initiate procedures for the confiscation of unlawful gains in accordance with law, with the people's courts making a ruling to freeze or confiscate the unlawful gains or other assets involved in the case, and requesting the relevant country (region) to recognize and enforce it, and to make the return;
(3) Request the relevant country (region) to pursue the relevant unlawful gains or other assets involved in the case based on local laws, and to make the return;
(4) Recovery through other lawful methods.
Chapter VII: Oversight of Supervision Organs and Personnel
Article 251: Supervision organs and supervision personnel must conscientiously adhere to the Party's leadership, management, and oversight and lawfully accept the oversight of the people's congress at that level and it standing committee, and accept oversight from society, public opinion, the public, and other areas, and strengthen the construction of internal oversight and restraint mechanisms, to ensure strict restraint and oversight of power.
Article 252: Each level of supervision commission shall follow the provisions of the second paragraph of Supervision Law article 53 to make special work reports to the plenary meeting of the Standing Committee of the corresponding people's congress.
Before making special reports, they shall communicate and discuss it with the relevant special committees of the people's congress at the corresponding level, and cooperate in carrying out investigations, research, and other such efforts. When each level of people's congress standing committee deliberated special reports, the corresponding level of supervision commission shall dispatch members of the leadership to attend the meeting and hear comments as requested.
Each level of supervision commission shall earnestly research handling the deliberation opinions given by the standing committee of the people's congress at the corresponding level, and report on the handling in writing as requested.
Article 253: Each level of supervision commission shall actively accept and cooperate with law enforcement inspections organized by the standing committee of the corresponding level of people's congress. The law enforcement inspection report of the Standing Committee of the people's congress at the corresponding level shall be earnestly researched and addressed, and the circumstances of handling it are to be reported back to them.
Article 254: Each level of supervision commission shall dispatch relevant responsible persons to attend, hear comments, and respond to inquiries when the standing committees of the people's congress at the corresponding level deliberate bills and reports related to supervision work.
The supervision organs shall reply as requested to bills of inquiry submitted in accordance with law. Where the response is given orally, the principle responsible person for the supervision organ or an appointed responsible person is to go to the committee to respond. Where the response is given in writing, the principal responsible person for the supervision organ is to sign it.
Article 255: All levels of supervision organ shall promptly and accurately disclose the following information on supervision work to the public through internet government affairs media, newspapers, radio, television, and other channels:
(1) Supervision regulations;
(2) Information on case investigations that shall be disclosed to the public in accordance with law;
(3) Information such as the addresses, phone numbers, or websites for making reports or accusations;
(4) Other information that shall be disclosed in accordance with the law.
Article 256: As needed for work, all levels of supervision organ may follow procedures to select and hire special supervision personnel to perform supervision, inquiries, and other such duties, and submit recommendations and comments for strengthening or improving supervision work. The list of special supervision personnel shall be disclosed to the public.
Supervision organs shall provide necessary conditions and facilitation for special supervisory personnel to lawfully carry out their work.
Article 257: Supervision organ shall strictly enforce the systems for entering personnel, tightly controlling political, conduct, ability, work style, and integrity thresholds. Supervision personnel must be loyal and steadfast, able to fulfil their responsibilities, law-abiding, honest, and clean.
Article 258: Supervision organs shall establish working mechanisms with mutual coordination and restraints for departments such as for oversight inspections, investigations, case oversight and management, and case trials.
Oversight inspection and investigation departments are to implement a cooperative division of labor with mutual restraints. The oversight inspection departments are primarily responsible for the routine oversight and inspections of contacted regions, departments, and units, and addressing leads on suspected ordinary violations. The investigation departments are primarily responsible for conducting preliminary verification of leads on suspected major violations and crimes abusing public office, and opening cases for investigation.
Case oversight and management departments are primarily responsible for conducting oversight and management of the entire process of oversight inspections and investigation work, completing work such as managing leads, organization and coordination, oversight insections, overseeing handling, and statistical analysis. Where the case oversight and management departments discover that supervision personnel have violated rules for handling cases during oversight inspections or investigations, they are to promptly urge corrections; where a violation of discipline or law is involved, it is to be transferred to be handled by the relevant department on the basis of the scope of management authority.
Article 259: Supervision organs shall conduct routine oversight inspections of key steps in the exercise of the supervsion authority, and carry out special oversight inspections at appropriate times. The case oversight and management departments, case trial departments, and other such departments shall conduct oversight inspections in accordance with their respective duties of the handling of leads on problems, the use of investigative measures, and the management of assets involved in the case to establish a mechanism for checking case quality that is normalized and has full coverage.
Article 260: The supervision organs shall strengthen oversight of supervision personnel's performance of duties and compliance with discipline and law, and are to lawfully conduct investigations and address supervision personnel suspected of violations or crimes in accordance with their management authority.
Article 261: The responsible persons for supervision organs and the departments for oversight inspections and investigations shall periodically inspect the recording from the investigation period, records of conversations, and registration materials for assets involved in the case, to strengthen oversight of the investigative process, and promptly correct and report any issues discovered.
Article 262: The supervision personnel handling the supervision matter shall promptly report to the responsible person at the level above regarding supervision personnel inquiring into case circumstances, prying into a case, or interceding or intervening, Relevant circumstances shall be registered and filed for the record.
Where it is discovered that Supervision Personnel handling a supervision matter have, without permission, had contact with the persons under investigation, persons implicated in the case, and their designated associates, supervision personnel who are aware shall promptly make a report to the responsible person at the level above. Relevant circumstances shall be registered and filed for the record.
Article 263: in any of the following circumstances, the supervision personnel handling supervision matters shall submit their own recusal, and where they do not submit their own recusal, the supervision organ shall make a decision to recuse them in accordance with law, and the supervision subjects or informants and other related persons also have the right to request their recusal.
(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;
(4) Other circumstances that might impact the fair handling of the matters for supervision.
The recusal system shall be strictly implemented in selecting seconded personnel, caretakers, and investigation sites.
Article 264: Where supervision personnel recuse themselves, or where the supervision subject, informants, or other related persons request that supervision personnel be recused, it shall be submitted either in writing or orally, and the reasons are to be explained. Where it is submitted orally, a record shall be put together.
The recusal of Supervision Organs' principal responsible persons is to be decided upon by the principal responsible person for a higher level Supervision Organ; the recusal of other supervision personnel is e to be decided upon by the principal responsible person for that level of Supervision Organ.
Article 265: Higher-level supervision organs shall strengthen oversight of lower-level supervision organs' and supervision personnel's performance of their duties and compliance with discipline and law through methods such as special inspections, performance appraisals, and carrying out re-examinations.
Article 266: Supervision organs shall conduct planned political, theoretical, and operational training for supervision personnel. Training shall persist in connecting theory with practice, teaching according to needs, and highlighting the special nature of political-legal organs to establish a high-caliber and professional supervision team.
Article 267: Supervision organs shall strictly implement a confidentiality system to control the scope and time of knowledge about supervision matters. Supervision personnel and must not retain, conceal, access, copy, reproduce, or take possession of leads and case materials without authorization; leaking of supervision work secrets is strictly prohibited.
Supervision organs shall establish and complete confidentiality systems for reports and accusations, strictly preserving the confidentiality of the informants' or accusers' names (and units' names), work units, addresses, and relevant circumstances, as well as the content of the report or accusation.
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: Within three years after supervision personnel leave their position, they must not engage in professions in which conflicts of interest might occur in connection with the supervision and judicial work.
After supervision personnel leave their position they must not serve as an agent ad litem or defender in cases handled by their former supervision organ, except where they are a party's guardian or being the agent ad litem or defender for a close relative.
Article 270: Supervision personnel shall strictly comply with relevant provisions regulating the commercial and entrepreneurial conduct of leading cadres' spouses, children, and children's spouses. Where provisions are violated, it is to be handled with severity.
Article 271: In the performance of their duties, supervision organs shall protect enterprises' property rights and right to operate independently, and the use of authority to illegally interfere with enterprises' production and operations is strictly prohibited. Where it is necessary for enterprise operators to assist in investigations, their lawful rights such as in their persons and property shall be safeguarded in accordance with law to avoid or reduce the impact on the production and operations of enterprises involved in the case.
Where enterprises' workshops, machine equipment, and other production materials are sealed, but the enterprises' continued use of that property will not have a major impact on its value, they may be permitted to use it. Equipment and technical materials that are currently being operated or used in technical innovation or the research and development of products are generally not to be sealed or seized, and where it is truly necessary to collect evidence on violations or crimes, methods such as photographs or reproductions may be employed.
Article 272: Where the person being investigated and their family feel that supervision organs and supervision personnel have circumstances provided for in the first paragraph of Supervision Law article 60, and submit a collateral appeal to the supervision organs, the supervision organ's case oversight and management department is to accept it in accordance with law and handle it in accordance with the legally-prescribed procedures and time limits.
Article 273: Supervision organs shall be strictly accountable for dereliction of duty in maintaining discipline in oversight of law enforcement efforts. Where supervision personnel are suspected of serious violations or crimes abusing public office or major incompetence in handling cases, the responsibility of those directly responsible persons is to be pursued, and the responsibility of the leaders shall also be strictly pursued.
Establish a system of responsibility for case quality, to implement lifetime accountability where the abuse of authority or dereliction of duty causes serious consequences.
Chapter VIII: Legal Responsibility
Article 274: Where relevant units refuse to implement the following disposition decisions made by supervision organs in accordance with law, their regulatory department or a higher level organ is to order corrections, circulate criticism of the unit, and give punishments to the responsible leaders and directly responsible personnel in accordance with law.
(1) governmental sanction decisions;
(2) Accountability decisions;
(3) Decisions to give a talking-to and reminders, criticism and education, order self-criticism, or give a reprimand;
(4) Decisions to employ investigative measures;
(5) Rehearing or review decisions;
(6) Other disposition decisions made by supervision organs in accordance with law.
Article 275: Where supervision subjects attack, suppress, retaliate against, or frame accusers, complainants, critics, informants, witnesses, or supervision personnel, and the circumstances are serious, the supervision organs shall give governmental sanctions in accordance with law. Where a crime is constituted, criminal responsibility is to be pursued in accordance with law.
Article 276: Where accusers, informants, or witnesses employ methods such as twisting facts or fabricating materials to frame someone, the supervision organs shall give governmental sanctions in accordance with law or transfer it to be handled by the relevant organs. Where a crime is constituted, criminal responsibility is to be pursued in accordance with law.
Where supervision personnel are falsely reported, maliciously accused, or demeaned and defamed, causing harm to their reputation due to lawful performance of their duties, the supervision organs shall join with the relevant departments to promptly clarify the facts, dispel negative impacts and pursue the responsibility of relevant departments and individuals.
Article 277: Supervision organs shall establish and complete responsibility systems for case handling security. The principal responsible person for the undertaking department and the leader of the investigation organization are the primary responsible persons for investigation security. The investigation group shall designate security personnel.
Where any level of local supervision organ inadequately performs management and oversight duties and a serious case-handling incident occurs, or where there are serious violations of rules, discipline, or laws during case handling, the principal responsible person for the provincial-level supervision organ shall make a self-criticism to the State Supervision Commission, and it is to be circulated and their accountability is to be strictly pursued.
The case oversight and management departments shall organize regular inspections and sudden spot checks on the implementation of the case security responsibility system, and where issues are discovered will promptly report them and urge corrections.
Article 278: Where supervision personnel exhibit any of the following conduct in performing their duties, they are to be dealt with severely in accordance with law, and where a crime is constituted, criminal responsibility is pursued in accordance with law:
(1) Corruption or bribery, twisting the law for personal gain;
(2) Not performing oversight duties, or performing them incorrectly, not discovering issues, or discovering issues and not reporting or addressing them, causing a serious impact;
(3) Disposing of leads without permission or authorization, concealing and not reporting major case circumstances after discovering them, or keeping or handling the materials involved in the case without authorization;
(4) Exploiting their authority or the influence of their positions to interfere with investigative work;
(5) Illegally stealing or disclosing investigation information or leaking information about reported matters, the acceptance of reports, and informants' information;
(6) Extorting or inducing confessions from the persons under investigation or persons implicated in the case, or insulting, beating, berating, abusing, physically punishing, or covertly physically punishing them;
(7) Disposing of sealed, seized, or frozen property in violation of regulations;
(8) Causing case-handling security incidents by violating regulations, or concealing and not reporting security incidents after they occur, making untruthful reports, or mishandling them;
(9) Employing retention in custody measures in violation of regulations;
(10) Restricting others from exiting the Mainland territory in violation of regulations, or not following regulations to lift restrictions on exiting the Mainland territory;
(11) Other violations or crimes abusing public office
Article 279: Where supervision personnel have any of the following conduct in violation of laws during the performance of their duties, then based on the sevierity of the circumstances they may be lawfully given a talking to and reminders, criticism and education, ordered to make self-criticism, given demerrits, or given governmental sanctions. Where a crime is constituted, criminal responsibility is to be pursued in accordance with law.
Article 280: When supervision organs and their staff exercise their authority, the victims may apply for state compensation in any of the following circumstances:
(1) A decision is made to withdraw a case after retention in custody has been employed;
(2) Illegal confiscation or recovery, or illegal sealing, seizure, or freezing of assets, causing harm;
(3) Illegal performance of duties causing physical injury or death to the person being investigated, persons involved in the case, or witnesses;
(4) Illegally depriving others of their physical liberty;
(5) Other infringements on the lawful rights and interests of citizens, legal persons, and other organizations that cause harms.
Where the victim has died, their heirs and other dependent relatives have the right to demand compensation.
Article 281: Where supervision organ illegally exercises their authority and infringe on the lawful rights and interests of citizens, legal persons, and other organizations, causing losses, that organ is the organ to bear the obligation to compensate. Applications for compensation shall be submitted to the organ with an obligation to compensate, and the department of that organ responsible for rehearing and reexamination work is to accept it.
The main method of compensation is to pay compensation. Where property can be returned or restored to its original state, the property shall be returned or restored to its original state.
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. However, where the period of retention in custody for a person being investigated is to end on the date it expires and must not be extended due to a legally-prescribed holiday.
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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