关于在扫黑除恶专项斗争中分工负责、互相配合、互相制约严惩公职人员涉黑涉恶违法犯罪问题的通知

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The following Opinions are hereby made on the basis of the Criminal Law, Criminal Procedure Law, Supervision Law, and the "Guiding Opinions by on Several Issues Relating to Handling Cases of Crimes by Underworld Forces" released by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice; so as to earnestly implement the major decisions and deployments of the Party Central Committee's special crackdown to clear away organized crime and eliminate vice, to fully implement the spirit of General Secretary Xi Jinping's important instructions on bringing the campaign against organized crime and vice together with the anti-corruption campaign, and the campaign to 'swat flies' at the basic levels; to further regulate and strengthen the coordination and cooperation of Supervision organs people's courts, people's procuratorates, public security organs, and judicial-administrative organs in correcting violations and crimes involving organized crime and vice by public employees; and promoting the special crackdown's obtaining of even greater efficacy.

I. General Requirements

1. Further elevate the political position. Adhere to Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as guidance, strengthening the 'four awarenesses' and solidfying the 'four self-confidences, achieving the political height of the '2 preservations', and rooted in the overall work arrangement of the Party and state, to thoroughly recognize and understand the major significance of carrying out the special campaign to clear away organized crime and eliminate vice. 深挖黑恶势力滋生根源,铲除黑恶势力生存根基,严惩公职人员涉黑涉恶违法犯罪,除恶务尽,切实维护群众利益,进一步净化基层政治生态,推动扫黑除恶专项斗争不断向纵深发展,推进全面从严治党不断向基层延伸。

2. Persist in seeking truth from facts. 坚持以事实为依据,以法律为准绳,综合考虑行为人的主观故意、客观行为、具体情节和危害后果,以及相关黑恶势力的犯罪事实、犯罪性质、犯罪情节和对社会的危害程度,准确认定问题性质,做到不偏不倚、不枉不纵。 坚持惩前毖后、治病救人方针,严格区分罪与非罪的界限,区别对待、宽严相济。

3. Persist in being problem oriented. 找准扫黑除恶与反腐“拍蝇”工作的结合点,聚焦涉黑涉恶问题突出、群众反映强烈的重点地区、行业和领域,紧盯农村和城乡结合部,紧盯建筑工程、交通运输、矿产资源、商贸集市、渔业捕捞、集资放贷等涉黑涉恶问题易发多发的行业和领域,紧盯村“两委”、乡镇基层站所及其工作人员,严肃查处公职人员涉黑涉恶违法犯罪行为。

II. Strictly investigate and address cases of violations and crimes involving organized crime and vice by public employees

4. All levels of Supervision Organ, people's courts, people's procuratorates, and public security organs should focus on violations and crimes by underworld forces and their potential for growth, strictly investigating and addressing cases of violations and crimes involving organized crime and vice by public employees. Emphasize the investigation and handling of the following types of cases: Cases of public employees directly organizing, leading, or participating in underworld forces' illegal and criminal activities; cases of public employees harboring, tolerating, or supporting underworld forces crimes and other serious criminal cases; public employees accepting bribes or abusing authority to assist underworld forces personnel obtain public employment or government honors, occupy state or collective funds, resources, or assets, undermine the order of fair competition, or providing underworld forces with policy, program, funding, financial lending, and other supports or assistance; cases of employees of state organs who have regulatory duties abusing authority or derelicting their duties in order to assist criminals escape punishment; cases of judicial personnel twisting the law for personnel gain, manipulating civil judgments, failing to implement judgments or ruling, meeting secretly with detained parties, or misconduct to distort commutations, parole, and temporary service of sentence outside of prison; cases in the special action to clear away organized crime and eliminate vice where public employees' abuse of power, misconduct distorting the law, harboring or obstructing the investigation in underworld forces crimes; as well as cases of leaking state secrets, commercial secrets, and work secrets, or helping criminals communicate secretly, and cases of public employees using their authority to take revenge on case-handling personnel.

The scope of public employees is to be determined based upon article 15 of the "P.R.C. Supervision Law"

5. The circumstances above are to be investigated and handled in accordance with regulations, discipline, and law, and where a crime is involved, pursue criminal responsibility in accordance with law.

III. Correctly Apply the Law

6. Where employees of state organs harbor organized crime organizations, or permit organized crime organizations to conduct illegal and criminal activities, it is to be convicted or punished as the crime of harboring or tolerating underworld criminal organizations.

Where employees of state organs organize, lead, or participate in underworld criminal organizations, and also harbor or tolerate that organization, they shall be convicted and give a heavy sentence for the crime of organizing, leading, or participating in an underworld criminal organization.

Where employees of state organs harbor or tolerate underworld criminal organizations, and that conduct simultaneously also constitutes the crimes of harboring crimes, perjury, obstructing testimony, twisting the law for personal gain, abuse of authority, aiding criminals' escape punishment, distorting the law to not transfer a criminal case, as well as misconduct to distort commutation, parole, or temporary service of sentence outside of prison, and other such crimes; punishment shall be given for the most serious offense.

7. Where those who are not employees of state organs and employees of state organs jointly harbor or tolerate underworld criminal organizations, but are not members of those organizations, they are to be dealt with as joint offenders of the crime of harboring or tolerating underworld criminal organizations. Where the actions of those who are not employees of state organs simultaneously constitute other crimes, they shall be punished in accordance with the more serious offense.

8. Where public employees use their authority or position to facilitate the harboring or of indulgence of criminal conduct such as underworld forces crimes, perjury, obstruction of testimony, aiding in the destruction or fabrication of evidence, or sheltering or harboring criminals; it shall be given a heavier penalty in light of the circumstances. Those conspiring in advance to carry out productive acts such as assistance, harboring, or indulgence, are to be deemed joint offenders in the specific underlying offense.

IV. Form mechanisms for oversight and restraint, and cooperation and connections, in combating violations and crimes by public employees involving organized crime and vice.

9. In the course of investigating and handling cases of violations and crimes by public employees involving organized crime and vice, the Supervision organs, public security organs, people's procuratorates, and people's courts shall divide labor and responsibilities, mutually collaborate, restrain each other, and ensure the correct and effective implementation of law through methods such as case by case screening and following up of leads, to thoroughly investigate cases of violations and crimes by public employees involving organized crime and vice.

10. Supervision organs, public security organs, people's procuratorates, and people's courts should establish and improve working mechanisms for assessment, analysis and case reporting for major and difficult cases of violations and crimes by public employees involving organized crime or vice, to further strengthen cooperation between the Supervision organs and the political-legal organs, jointly researching and resolving difficult issues encountered in the investigation and handling of cases, and promptly reporting case developments to one another to further strengthen the unity and coordination of work.

11. Supervision organs, public security organs, people's procuratorates, people's courts, and judicial-administrative organs should establish systems for transferring leads on violations and crimes by public employees involving organized crime and vice, and where leads on such cases are received that are not within a unit's jurisdiction, they shall promptly transfer them to a unit with jurisdiction for disposition.

Transfer of leads on violations and crimes by public employees involving organized crime and vice, is to be carried out in accordance with the following:

(1)Where in cases of violations or crimes involving organized crime or vice by public employees, the public security organs, people's procuratorates, people's courts and judicial-administrative organs discovering leads on suspected corruption, dereliction of duty, or other violations and crimes abusing public office that should be in the jurisdiction of Supervision organs, they shall transfer them to the Supervision organs.

(2) Where Supervision organs discover leads on violations and crimes involving organized crime and vice by public employees during work such as petitions and reporting, oversight inspections, and review and investigation; they shall transfer leads on suspected harboring or tolerance of underworld criminal organizations and other such cases over with the public security organs have jurisdiction to the public security organs.

(3) Supervision organs, public security organs, people's procuratorates, people's courts, and judicial-administrative organs discovering leads during their work on judicial personnel abusing their authority to encroach on citizens' rights or damage judicial fairness, are to determine the organ with jurisdiction based on the relevant provisions through negotiations and communication.

12. Supervision organs, public security organs, and people's procuratorates receiving transferred leads on violations and crimes involving organized crime or vice by public employees shall promptly handle and verify it in accordance with their duties, follow laws and regulations to make a disposition, and complete efforts on communication and feedback; when necessary, they may merge related leads or cases for joint handling.

In major, difficult , and complicated cases of violations or crimes involving organized crime or vice by public employees, the Supervision organs, public security organs, and people's procuratorates may synchronize the opening of cases and investigations, and as needed for case-handling, transfer relevant evidence between themselves, strengthening communication and cooperation, to collaborate in advancement.

13. Where cases of violations or crimes involving organized crime or vice by public employees involve corruption, dereliction of duty, or other violations and crimes abusing public office and also involve violations and crimes in the jurisdiction of the public security organs and people's procuratorates, the Supervision organs shall ordinarily lead the investigation, with the public security organs and people's procuratorates assisting. Where the Supervision organs, public security organs. and people's procuratorates separately open cases and investigate, the Supervision organs are to coordinate inquiry and investigation offers. Where criminal activity only involves the jurisdiction of the public security organs and people's procuratorates, the relevant organs are to lawfully conduct investigations in accordance with their jurisdiction and duties.

14. When necessary, public security organs, people's procuratorates, and people's courts are to hear the opinions of the Supervision organs when violations and crimes involving organized crime and vice by public employees are transferred for review for indictment, transferred for prosecution, or a judgment is made.

15. When in-court proceedings are held for cases of violations or crimes by involving organized crime or vice by by public officials, the people's courts shall notify the Supervision organs to appoint personnel to observe, and may also notify the unit, department, or industry to which the accused public employees belong, or which are involved in the case, to appoint personnel to observe.

State Supervision Commission

The Supreme People's Court, The Supreme People's Procuratorate

Ministry of Public Security, Ministry of Justice

2019/10/20

 

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