Organized Crime Law (Second Deliberation Draft) for solicitation of comments

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Chapter I: General Provisions
Article 1: This law is formulated on the basis of the Constitution so as prevent and correct organized crime, to strengthen and regulate efforts to counter organized crime, preserve national security and social and economic order, and to protect citizens' and organizations' lawful rights and interests.

Article 2: Organized crime, as used in this law, refers to the crimes of organizing, leading, and participating in underworld criminal organization as provided for in article 294 of the Criminal Law of the People's Republic of China, as well as crimes organized and carried out by criminal underworld organizations, or malign forces organizations.

'Malign forces organizations' refers to illegal or criminal organizations that have not yet become underworld criminal organizations, but regularly gather together and use violence, threats, or other tactics to carry out multiple illegal or criminal activities in a certain area, industry, or field, doing wrong, and suppressing the people, and disrupting the order of economic and social life and causing a more heinous social impact.

This law applies to foreign criminal organizations that recruit and organize members or commit crimes in the mainland territory of the PRC, as well those that commit crimes against the nation or citizens of the PRC outside the mainland territory.

Article 3: Efforts to counter organized crime shall adhere to the overall national security perspective, and comprehensively use legal, economic, scientific, cultural, educational, and other such methods to establish and complete working mechanisms for combatting organized crime and systems for the prevention and governance of organized crime.

Article 4: Efforts to counter organized crime shall persist in combining professional efforts with the mass line, combining special governance actions with systemic governance, integrating with anti-corruption, integration with strengthening the establishment of basic-level organizations, merging punishment and prevention, and addressing both symptoms and causes.

Article 5: Efforts to counter organized crime shall be conducted in accordance with law, respect and protect human rights, and preserve the lawful rights and interests of citizens and organizations.

Article 6: Supervision organs, people's courts, people's procuratorates, public security organs, judicial-administrative organs, and other relevant state organs shall actively cooperate with and restrain each other on the basis of their division of labor, to complete efforts to counter organized crime in accordance with law.

Relevant departments shall cooperate, relying upon and mobilizing villagers' committees, residents' committees, enterprises and public institutions, and societal organizations to jointly carry out efforts to counter organized crime.

Article 7: All units and individuals have the obligation to provide assistance to and cooperate with relevant departments in carrying out efforts to counter organized crime.

The state is to protect units and individuals that assist and cooperate in efforts to counter organized crime in accordance with law.

Article 8: The state is to encourage units and individuals to report organized crime.

Units and individuals reporting organized crime or making outstanding contributions in efforts to counter organized crime are to be given commendations and awards in accordance with relevant national regulations.

Chapter II: Prevention and Governance
Article 9: All levels of people's government and relevant departments shall organize the carrying out efforts to prevent and correct organized crime in accordance with law, and include efforts to prevent and correct organized crime in the evaluation system.

Villagers ' committees and residents ' committees shall assist people's governments and relevant departments in carrying out efforts to prevent and correct organized crime.

Article 10: Relevant departments that undertake duties on prevention and correction shall carry out public and education on organized crime to increase the public's awareness and ability to counter organized crime.

Supervision organs, people's courts, people's procuratorates, public security organs, judicial-administrative organs, shall carry out publicity and education on countering organized crime through methods such ordinary popular legal publicity and using cases to explain the law.

Relevant units such as for news, radio, television, culture, and the internet shall conduct pertinent publicity and education on countering organized crime aimed at the public.

Villagers ' committees and residents ' committees shall assist people's governments and related departments in strengthening publicity and education to counter organized crime.

Article 11: Civil affairs departments shall collaborate with Supervision organs, public security organs, and other relevant departments to conduct reviews of the credentials of those selected as members of villagers' committee and residents' committees, and where leads on organized crime are found, they shall promptly transfer them to the public security organs.

Article 12: Administrative departments for education and schools shall collaborate with the relevant departments to establish working mechanisms for protecting organized crime from encroaching on campuses, strengthening publicity and education on countering organized crime, enhancing minors awareness and capacity to counter organized crime, teaching and guiding minors to conscientiously resist organized crime, and preventing harm from organized crime.

Where schools discover that organized crime has encroached on the security of students' persons or property, or impaired order on campus or in the surrounding areas, that organized crime organizations are recruiting members among students, or that students are participating in organized crime activities, they shall promptly employ measures to stop and prevent it, and report to the public security organs and administrative departments for education.

Article 13: Industry regulatory departments such as for market regulation, financial regulation, natural resources, and transport shall collaborate with public security organs to establish and complete long-term and effective mechanisms for countering organized crime in the industry, conduct monitoring and analysis on organized crime in that industry or sector, and strengthen oversight and management of industries and sectors where organized crime readily occurs.

Based on their duties, the relevant industry regulatory departments shall employ effective measures, periodically screen for and rectify disruptions in the industry, and promptly transfer leads on violations and crimes.

Article 14: Supervision organs, people's courts, people's procuratorates, and public security organs handling cases discover that industry regulatory departments have issues in efforts to prevent and control organized crime, they may notify those departments in writing and submit comments and suggestions. The relevant industry regulatory departments shall promptly make corrections and respond in writing on the circumstances of the corrections.

Article 15: Public security organs may collaborate with relevant departments on the basis of the organized crime situation in that area to designate key areas, industries, sectors, and places for prevention and correction.

The units that manage key areas, industries, sectors, and places shall employ effective measures to strengthen the extent of management and control, and promptly give feedback to public security organs on the work situation.

Article 16: Telecommunications operators and internet service providers shall lawfully perform security management obligations for network information, employing technical security preventative measures to prevent and stop the transmission of information that has content advocating or inducing organized crime; and where information that advocates or induces organized crime is discovered, they shall immediately stop its dissemination and employ measures to eliminate or otherwise address it, preserve related records, and report to the public security organs or other relevant departments, and provide technical support and assistance to the public security organs investigating organized crime in accordance with law.

In accordance with their division of labor and duties, the regulatory departments such as for internet information, telecommunications, and public security shall promptly order relevant units to stop the dissemination of information with content advocating or inducing organized crime and employ measures to eliminate or otherwise address it, or take relevant apps of the market, close relevant websites, or shut down relevant services. Relevant units shall immediately do so, and store relevant records and assist in the investigation. The telecommunications regulatory departments shall employ technical measures to promptly obstruct the transmission of the information described above that is on the internet and originating outside the PRC.

Article 17: Administrative departments of the State Council responsible for combating money laundering and other relevant departments and institutions of the State Council shall oversee and urge financial institutions and designated non-financial institutions' performance of their obligations to combat money laundering, and where transactions that are suspected to be related to organized crime are discovered, they may conduct an investigation in accordance with law, and where after investigation the possibility of money laundering cannot be excluded, they shall promptly report it to the public security organs.

Article 18: Prisons, detention centers, and community corrections establishments shall employ targeted measures to oversee, educate, and correct those convicted of organized crime.

The judicial administrative organs shall collaborate with relevant organs to implement mentorship placements and other necessary rehabilitation linkage measures for those released upon completion of a criminal sentence for committing organized crimes, to guide their reentry to society.

Article 19: Public security organs at the districted-city level and higher may decide that persons given criminal punishments for the crimes of organizing or leading underworld criminal organizations are to report on their assets and regular activities in accordance with relevant state provisions beginning from the day on which they complete their sentence.

The period for reporting must not exceed 5 years.

Article 20: Where the organizers or leaders of underworld criminal organizations or the heads of malign forces organizations who have completed their criminal punishment open an enterprise or serve as senior managers in an enterprise, the regulatory departments for the relevant industry shall strictly review it in accordance with law, and strengthen oversight and management of their business activities.

Where laws or administrative regulations have other provisions on prohibiting or restricting the persons in the preceding paragraph from engaging in related professions, follow those provisions.

Article 21: Departments such as for immigration management, customs, and coast guard shall collaborate with public security organs to strictly prevent foreign criminal underworld organizations from permeating, developing, and committing criminal activities in the mainland.

Organs issuing entry/exit documents and immigration management bodies have the authority to decide not to approve members of foreign criminal organizations, not to issue them entry permits, or to declare their entry documents invalid.

Where departments such as for immigration management, customs, and coast guard discover that members of foreign criminal organizations have entered the territory, they shall promptly notify the public security organs. Where it is discovered that the relevant persons are suspected of violating our nation's laws, or suspected organized crime items are discovered, they shall be seized and promptly addressed.

Chapter III: Case Handling
Article 22: The handling of organized crime cases shall have the facts as a basis and the law and their measure, and persist in blending leniency and severity.

The requirements for applying release on guarantee, non-prosecution, suspended sentences, commutation, parole, and temporary service of sentence outside of prison shall be strictly understood for the organizers, leaders, and core members of organized crimes, and full use is to be given to deprivation of political rights, confiscation of property, and other criminal punishment. Members of organized crime organizations that play a secondary or auxiliary role in the organization, or who are first-time offenders or incidental offenders, may be given lenient punishments in accordance with the law.

Where organized crime suspects or defendants voluntarily and truthfully confess their own criminal conduct, admit the facts of the crime as charged, and are willing to accept punishment, they may be given a lenient disposition in accordance with law.

Article 23: Where information networks are used to commit crimes and the provisions of article 2 of this law are met, it shall be found to be organized crime.

Where provocation, pestering, causing a disturbance, or assembling to gather momentum or other tactics sufficient to cause the psychological compulsion of others or to restrict personal freedom, threaten, security of persons and property, and impact the normal order of economic and social life are conducted in an organized way against others or related places in order to obtain illegal benefits or create unlawful influence, it may be found to be an organized crime tactic.

Article 24: Based on their duties, public security organs shall use modern information technologies to establish mechanisms for collecting and assessing leads on organized crime, and addressing them by level and type.

Public security organs responsible for receiving reports on organized crime are to carry out efforts on statistics, analysis, and assessment, organizing verification or transferring them to be handled by the relevant departments in accordance with law.

Article 25: When relevant state organs discover leads on organized crime when performing their duties, or receive reports on organized crime, they shall promptly transfer them to the public security organs and cooperate in carrying out an investigation.

Article 26: Public security organs verifying leads on organized crime may employ investigative measures in accordance with relevant state provisions. Where public security organs collect relevant information and materials from relevant units and individuals, the relevant units or individuals shall truthfully provide them.

Article 27: Upon the approval of the responsible person of a public security organ at the county level or above, public security organs that are verifying leads on organized crime may make inquiries into suspects' savings, wire transfers, securities, stocks, fund shares, real estate, vehicles, and other property information.

Where there is an imminent danger of underworld criminal organizations' and their members' assets that are involved in the case being destroyed or transferred, emergency measures such as placing an emergency hold on payments, temporary freezing or seizure of assets may be employed upon the approval of the responsible person for a public security organ at the districted city level or above, but the time period must not exceed 48 hours. After the period is completed or the circumstances for applying emergency measures have dissipated, the measures employed on assets involved in the case shall immediately be removed.

Article 28: Where public security organs verifying leads on organized crime discover the facts of a crime or criminal suspects, they shall open a case and investigate it in accordance with the Criminal Procedure Law of the PRC.

Article 29: Public security organs handling organized crime cases may decide to employ exit restrictions against criminal suspects in accordance with the PRC Entry/Exit Administration Law, and notify the immigration management bodies to enforce it.

Article 30: As needed case-handling and for preserving oversight order, measures such as detention in other areas, separate detention, or solitary detention may be employed for criminal suspects or defendants in organized crime cases, and their family and defender are to be notified in accordance with law.

Article 31: After public security organs open a case, they may employ technical investigation measures, may investigate by concealing the identity of investigators or others designated by the public security organs, and may carry out controlled purchases in accordance with the Criminal Procedure Law of the PRC.

Article 32: All assets of the organizers, leaders, and core members of underworld criminal organizations are to be confiscated in accordance with law. For other members, a decision shall be lawfully made as to whether to apply punishments against property, based on circumstances such as the number and nature of illegal and criminal activities they carried out, their position and role, the amount of unlawful gains, and the damages caused.

Article 33: In any of the following circumstances, where criminal suspects or defendants in organized crime cases actively cooperate in efforts such as on investigations, prosecutions, and trials, a lenient punishment may be given, but this is to be strictly controlled for the organizers or leaders of organized crime:

(1) Provided important leads or evidence in ascertaining the criminal organization's organizational structure, organizers, leaders, and ringleaders position and functions;

(2) Provided important leads or evidence for ascertaining the facts of major crimes carried out by the criminal organization;

(3) Provided important leads or evidence for investigating and handling organized crimes in which state personnel are suspected of involvement;

(4) Assisted in recovering or confiscating stolen assets or goods that were previously out of reach;

(5) Provided other important leads or evidence for investigating and handling cases of organized crime.

Where criminal suspects or defendants who participated in criminal organizations are not prosecuted or have criminal punishments waive, they may be reprimanded or ordered to produce a written statement of repentance, offer a formal apology, or compensate for damages, or may be given an administrative punishment or a sanction based on the differing circumstances of the case.

Article 34: Where criminal suspects or defendants report and expose other joint offenders in major crimes or provide major leads or evidence that breaks a major case, and handling the cases together might physically endanger them or their families, the case may be separated for handling.

Article 35: The enforcement organs shall strictly manage organized crime convicts in accordance with law.

Where the organizers or leaders of underworld criminal organizations or the head of malign forces organizations are sentenced to 10 or more years imprisonment, life imprisonment, or a death sentence subject to a 2-year suspension, the punishment shall be implemented across provincial, autonomous region, or directly governed municipality lines.

Article 36: Where the organizers or leaders of underworld criminal organizations or the head of malign forces organizations who were sentenced to 10 or more years imprisonment, life imprisonment, or a death sentence subject to a 2-year suspension, have their punishment commuted, the enforcement organs shall submit a commutation recommendation and request a ruling from the people's court after a review by the provincial, autonomous region, or directly governed municipality prison management authorities.

After reporting to the provincial, autonomous region, or directly governed municipality prison management organs for re-examination, a ruling is to be requested from the people's courts.

People's courts hearing commutation or parole cases for underworld criminal organization crime convicts shall notify the people's procuratorate and enforcement organ to participate in the trial, and notify the convict for whom commutation or parole is sought to participate, and hear their opinions.

Article 37: People's courts hearing commutation or parole cases for underworld criminal organization crime convicts shall notify the people's procuratorate and enforcement organ to participate in the trial, and notify the convict for whom commutation or parole is sought to participate, and hear their opinions.

Article 38: When the enforcement organs submit recommendations for commutation or parole and when people's courts hear commutation or parole cases, the convicts' performance of financial items in effective judgments and cooperation in the disposition of property involved in the case shall be fully considered.

Chapter IV: Identification and Disposition of Assets Involved in the Case
Article 39: Property and documents discovered during the handling of organized crime cases which might be used to show that the suspect is guilty or not guilty shall be sealed or seized.

As needed to clarify the crimes, deposits, remittances, bonds, stocks, fund shares, and other property of criminal suspects or defendants may be inquired into or frozen in accordance with law. Relevant units and individuals shall cooperate.

Article 40: The sealing, seizing, freezing, or disposition of assets involved in the case shall be conducted in strict accordance with the requirements and procedures prescribed by law, shall protect the lawful property rights and interests of citizens and organizations in accordance with law, and shall strictly distinguish between unlawful gains and lawful assets, and between personal assets and those of family members, and; and assets that are unrelated the case must not be sealed, seized, or frozen; and the adverse impact on enterprises' normal business activities is to be reduced. Assets that are found to be truly unrelated to the case after clarification shall be released from sealing, seizure, or freezing within 30 days and returned. For sealed, seized, frozen, or disposed of assets involved in the case, funds and items necessary for the criminal suspect, defendant and relatives they support are to be left.

Article 41: As needed for handling organized crime cases, public security organs, people's procuratorates, and people's courts may the status of organized crime organizations' and their members' assets.

Article 42: Public security organs may make inquiries into information and data related to organized crime to the administrative departments in charge of combating money laundering, and request assistance investigating suspicious transactions related to organized crime, and the administrative departments in charge of combatting money laundering shall cooperate and promptly respond.

Article 43: With approval from the primary responsible person for a public security organ, people's procuratorate, or people's court at the county level or above, the following property may be sold and converted, or first sold off or auctioned, and the organ that seized or froze it is to look over the proceeds and promptly inform the parties or their relatives:

(1) Items that are easily damaged, lost, deteriorate, or otherwise not suitable for long-term preservation;

(2) bills of exchange, notes, checks, and so forth which are about to expire;

(3) Where the rights holder requests the sale of stocks, bonds, fund shares, and other property, and it does not harm national interests or victims' interests, or impact the normal conduct of the investigation.

Article 44: Public security organs and people's procuratorates shall review and screen the assets involved in the case. When transferring cases for review for prosecution or initiating prosecutions, opinions on the disposition of assets involved in the case shall be submitted.

In hearing organized crime cases, the people's courts shall conduct court investigation and debate on facts and evidence related to the nature and ownership of assets involved in the cases, and make a disposition of the assets.

Article 45: The full unlawful gains and their proceeds and income of organized crime organizations and their members, contraband, and personal assets used by joint offenders, shall be recovered, confiscated, of have restitution ordered in accordance with law.

Where assets involved in the case that shall be recovered or confiscated cannot be found, are destroyed, or have been inseparably mixed with other lawful assets, then assets of equivalent value may be recovered or confiscated.

Where the facts for the verdict and sentencing of defendants who committed underworld criminal organization crimes have already been ascertained and there is sufficient evidence to that it is highly probable that assets they obtained during the period of the crime are the unlawful gains of underworld criminal organization crimes and their proceeds or income, and the defendant cannot explain the lawful origin of the assets, they shall be recovered or confiscated in accordance with law.

Article 46: Where assets involved in the case meet any of the following circumstances, they shall be recovered or confiscated in accordance with law:

(1) Assets provided to organized crime organizations or their members to support or fund organized crime activities;

(2) The portion of organized crime organizations' members' family assets that were actually used to support organized crime activities;

(3) the property obtained by using the illegal and criminal activities of criminal organizations and their members, as well as its proceeds and income;

Article 47: Where criminal suspects or defendants in underworld criminal organization cases are on the run and cannot be brought in within 1 year, or have died, their unlawful gains and other assets involved in the case shall be recovered in accordance with the Criminal Law of the PRC, and handled in accordance with the procedures provided in Chapter IV of Part 5 of the Criminal Procedure Law of the PRC.
Article 48: Where supervision organs, public security organs, or people's procuratorates discover money laundering or as well as crimes such as the concealment or hiding of criminal proceeds and their proceeds by criminal organizations, they shall investigate and handle it in accordance with law.

Article 49: Where persons not involved in the case have an interest in assets involved in the case that are sealed, seized, frozen, or have been disposed of, or where persons not involved in the case submit objections, the public security organs, people's procuratorates, and people's courts shall notify them of their procedural rights and hear their comments; and when necessary, the people's courts may notify them to appear in court.

Where stakeholders find that the measures of sealing, seizing, or freezing were improper, they have the right to submit a collateral appeal or make an accusation in accordance with law. Where stakeholders are not satisfied with a decision on the disposition of assets involved in the case, they may request that the people's procuratorate raise a procuratorial counter-appeal.

Chapter V: Handling of state employees involved in organized crime
Article 50: Where state employees have any of the following conduct, it shall be fully investigated and addressed in accordance with law:

(1) Organizing, leading, or participating in organized crime activities;

(2) Harboring or enabling organized crime activities;

(3) Providing support and assistance to organized crime organizations and their criminal activities;

(4) Dereliction of duties in the investigation and handling of organized crime cases;

(5) Other illegal and criminal conduct involving organized crime.

State employees organizing, leading, or participating in organized crime activities shall be given a heavier punishment in accordance with law.

Article 51: Supervision organs, people's courts, people's procuratorates, public security organs, and judicial-administrative organs shall strengthen coordination and cooperation, establishing connectivity mechanisms for leads, and where leads on suspected violations or crimes by state employees as provided for in article 50 by of this Law are discovered during work, they shall be handled in accordance with law or promptly transferred for handling by the competent organs.

Where state personnel abuse their authority, derelict their duties, twist the law for personal gain, or have other illegal or criminal conduct in efforts to counter organized crime, all units and individuals have the right to report it, make accusations, or give information to the relevant departments, and the relevant departments shall promptly address it after receiving the report, accusation, or information.

Article 52: State employees shall investigate and handle organized crime cases in accordance with law or support and assist the investigation and handling of organized crime cases in accordance with their duties and must not have the following conduct:

(1) Exploiting their authority or the influence of their position to impact or interfere with efforts to counter organized crime;

(2) Receiving reports and not accepting them; discovering information or leads on crimes and concealing them without reporting or not truthfully reporting them, or criminal leads and case materials on their own accord without approvals or authorization without transferring them;

(3) Tipping off criminals and obstructing the investigation and handling of cases;

(4) Handling other violations and crimes as organized crime; handling organized crime as other violations or crimes; or handling organized crime cases contrary to the facts and law; either intentionally or through gross negligence;

(5) Violating provisions in employing sealing, seizing, freezing measures or in disposing of assets involved in the case;

(6) Other acts of abuse of authority, dereliction of duties, or twisting the law for personal gain.

Article 53: Reports against law enforcement and judicial personnel engaged in efforts to counter organized crime shall be handled in accordance with law to prevent criminal suspects and defendants from exploiting reports to disrupt case-handling or take revenge.

Where methods such as petitioning are used to distort the facts or falsely accuse law enforcement or judicial personnel engaged in efforts to counter organized crime, responsibility shall be pursued in accordance with law and severely punished. Where a negative impact is caused, they shall promptly clarify the facts, restore reputations, and eliminate the adverse impact.

Chapter VI: International Cooperation
Article 54: The PRC is to cooperate in countering organized crime with other countries, regions, and international organizations on the basis of international treaties it has concluded or acceded to, or in accordance with the principle of equal reciprocity.

Article 55: As authorized by the State Council, relevant State Council departments are to represent the Chinese government in intelligence information exchanges and law-enforcement cooperation on organized crime with foreign governments and relevant international organizations.

The State Council public security departments shall strengthen cross-border policing cooperation to counter organized crime, promote the establishment of cooperative policing mechanisms with relevant nations and regions. With the approval of the State Council public security departments, public security organs in border areas may establish cross-border intelligence information exchanges and cooperative policing mechanisms with non-mainland law enforcement bodies.

Article 56: Criminal judicial assistance or extradition involving organized crime is to be handled in accordance with relevant laws.

Article 57: Materials acquired through international cooperation on countering organized crime may be used as evidence in administrative punishment and criminal proceedings, except as provided by treaties or where our side has promised that they will not be so used.

Chapter VII: Safeguard Measures
Article 58: The state is to provide necessary organizational, systemic, and material safeguards for efforts to counter organized crime.

Article 59: In accordance with the duties provided by laws and regulations, public security organs and relevant departments shall establish and complete professional forces for countering organized crime, strengthening professional training and increasing capacity for efforts to counter organized crime.

Article 60: In accordance with the division of authority, the State Council and all levels of local people's governments at the county level and above shall separately include the costs of efforts to counter organized crime work in the fiscal budgets of that level.

Article 61: Where as a result of reporting or making accusations and stopping organized crime activities, or having testified in an organized crime case, persons and their families face a threat to their physical safety, the public security organs, people's procuratorates, and people's courts shall employ one or more of the following protective measures as provided:

(1) Not disclosing true personal information, such as names, residential addresses, and work places;

(2) Adopting measures for in-court appearances to testify that do not reveal appearances, true voices etc.;

(3) Prohibiting specified persons from contact with the protected persons;

(4) Adopting special protective measures for their persons and residences;

(5) Changing the identity of the person being protected, and arranging for a new residence and workplace;

(6) Other necessary protective measures.

Article 62: Public security organs, people's procuratorates, and people's courts employing protective measures shall respectively get the approval of the responsible person for a public security organ, chief procurator of a people's procuratorate, or court president of a people's court at the county-level or above.

The public security organs are to implement the protective measures in items (3) and (4) of Article 61 of this Law. The State Council department for public security is to approve and organize the implementation of the protection measures in item (5) of Article 61 of this Law.

Public security organs, people’s procuratorates, and people’s courts are to employ protective measures in accordance with law, and relevant units and individuals shall cooperate.
Article 63: Where persons who participated in organized crime actively cooperate with investigations, prosecutions, and trial work, and play a major role in breaking the case or clarifying case facts, protections may be implemented with reference to those for witnesses.

Article 64: Protective measures such as personal protections and prohibitions on contact with certain persons may be adopted for law enforcement and judicial personnel handling organized crime cases and their families.

Article 65: Follow relevant state provisions to give corresponding benefits to persons who were disabled or died as a result of performing duties in efforts to counter organized crime or of assisting and cooperating with relevant departments carrying out efforts to counter organized crime.

Chapter VIII: Legal Responsibility
Article 66: Criminal responsibility is to be pursued in accordance with law for the orangization, leadership, or participation in underworld criminal organizations; for employees of state organs harboring or enabling underworld criminal organizations, as well as for criminal conduct carried out by underworld criminal organizations or malign forces organizations.

Criminal responsibility is to be pursued in accordance with law where personnel of foreign criminal organizations enter the territory to recruit and organize membership or commit crimes within the territory, as well those that commit crimes against the nation or citizens of the PRC outside the mainland territory.

Article 67: Heavy criminal responsibility is to be pursued for recruiting minors to participate in underworld criminal organizations or foreign criminal organizations; instigating or tricking minors to commit organized crimes, or for carrying out organized crimes that encroach on the lawful rights and interests of minors.

Article 68: The people's courts may prohibit those convicted of organized crimes from engaging in certain professions in accordance with the criminal law provisions on practice prohibitions, and circulate notice to the relevant industry regulatory departments.

Article 69: in any of the following circumstances, where a crime is not consituted, the public security organs are to give between 5 and 0 days detention, and may give a consecutive fine of up to 10,000 RMB; where the circumstances are more serious, 10-15 days detention is to be given, and a concurrent fine of up to 30,000 RMB may be given.

(1) Participating in a foreign criminal organization;

(2) Actively participating in a malign forces organization;

(3) Instigating or tricking others to participate in organized crime organizations, or obstructing others from leaving organized crime organizations;

(4) Providing funds, venues, or other support, assistance, and facilitation for organized crime organizations;

(5) Obstructing others from reporting or revealing organized crime or providing evidence on organized crime, or knowing that others have organized crime activities, but refusing to provide judicial organs with evidence when they are investigating the circumstances and collecting evidence of their organized crime activity.

Where minors are instigated or tricked into participating in, or obstructed from leaving, an organized crime organization, but it does not constitute a crime, a heavier punishment is to be given in accordance with the preceding paragraph.

Article 70: Where the reporting system provided for in article 19 of this law is violated, the public security organs are to give warnings and order corrections, where corrections are refused a fine of up to 30,000 RMB is to be given.

Article 71: Where financial institutions and other relevant units fail to assist public security organs in employing emergency payment stops and temporarty freezing measures as provided by this Law, the public security organs are to give them a fine of between 50,000 and 200,000 RMB; and give directly responsible managers and other directly responsible personnel a fine of up to 50,000 RMB; where the circumstances are serious, a fine of between 200,000 and 500,000 is to be given, and the directly responsible managers and other directly responsible personnel are to be fined between 50,000 and 100,000 RMB.

Article 72: Where telecommunications operators and internet service providers have any of the following situations, the relevant competent departments are to order corrections; where corrections are refused or the circumstances are serious, the relevant competent departments are to give fines in accordance with the Cybersecurity Law of the PRC.;

(1) Refusal to provide technical support and assistance for the investigation of organized crime;

(2) Not following the requests of competent departments to employ measures to stop the dissemination of, eliminate, or otherwise address information with content that advocates or induces organized crime, or not storing related records

Article 73: Where relevant state organs or industry regulatory departments refuse to perform or delay performance of their legally-prescribed duties to counter organized crime, or they refuse to cooperate with the collection of evidence in counter organized crime investigations, or they abuse measures for countering organized crime in other work, the organ at the level above them is to order corrections and circulate criticism for relevant units. Where it causes negative consequences or impacts, the responsible leaders and those directly responsible are to be given sanctions in accordance with law, and where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

Article 74: Relevant departments, units, and individuals shall preserve the confidentiality of the state secrets, commercial secrets, and personal private information that they learn of in the course of effort against organized crime. Where state secrets, commercial secrets or personal privacy are disclosed in violation of provisions, legal responsibility is pursued in accordance with law.

Article 75: Where state employees have the conduct provided for in articles 50 and 52 of this Law, and a crime is constituted, pursue criminal responsibility in accordance with law; where a crime is not constituted, they are to be heavily sanctioned in accordance with law.

Article 76: Where relevant units and individuals are dissatisfied with administrative punishment or administrative compulsory measure decisions made in accordance with this law, they may apply for an administrative reconsideration or initiate administrate litigation in accordance with law.

Chapter IX: Supplemental Provisions
Article 77: This Law shall take effect on xx-xx-xxxx.

 

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