PRC Law on Countering Organized Crime (Draft)
Article 1: This law is formulated on the basis of the Constitution so as prevent and correct organized crime, to preserve the order of national security and social governance, the economic order, and citizens' lawful rights and interests.
Article 2: Organized crime, as used in this law, refers to the crimes provided for in article 294 of the Criminal Law, as well as crimes organized and carried out by criminal underworld organizations, foreign criminal underworld organizations, or malign forces organizations.
'Malign forces organizations' refers to illegal or criminal organizations that have not yet become a criminal underworld organization, but regularly gather together and use violence, threats, or other tactics to carry out multiple illegal or criminal activities, doing wrong, and suppressing the people.
Where illegal and criminal activities carried out on information networks and cyberspace are eligible under the preceding two paragraphs, they shall be designated in accordance with law.
Article 3: Countering organized crime shall implement the fundamental strategy of comprehensively governing the country according to law, adhere to the overall national security perspective, and build a system with Chinese characteristics for combating, preventing, and governing organized crime.
Article 4: Countering organized crime shall persist in combining professional efforts with the mass line, integration with anti-corruption, integration with strengthening the establishment of basic-level organizations to strike early while the problem is small, to uproot all evil, to merge punishment and prevention, and to address symptoms and causes.
Article 5: Efforts to counter organized crime are to be in strict accordance with the Constitution and Laws, have the fact as their basis and the law as their measure, implement the criminal policy of blending leniency with severity, respect and protect human rights, and preserve the lawful rights and interests of citizens and organizations.
Article 6: Supervision organs, public security organs, people's procuratorates, people's courts, judicial-administrative organs, and other relevant state organs shall actively cooperate with each other on the basis of their division of labor to jointly complete efforts to counter organized crime in accordance with law.
Article 7: All units and individuals have the obligation to provide assistance to, and cooperate with relevant departments in carrying out counter-organized crime work.
Article 8: The state encourages units and individuals to report organized illegal and criminal conduct. Units and individuals reporting organized violations and crimes or making outstanding contributions in efforts to counter organized crime are to be given commendations and awards in accordance with relevant national regulations.
Article 9: The state shall effectively integrate resources, comprehensively using legal, economic, administrative, technological, and other tactics, to establish and complete a scientific and long-term effective system for the prevention and governance of organized crime.
Article 10: Supervision organs, public security organs, people's procuratorates, people's courts, judicial-administrative organs, and other relevant state organs are to jointly perform their duties on efforts to counter organized crime.
Basic level mass autonomous organizations shall actively participate in efforts to prevent and govern organized crime.
Article 11: Relevant departments that undertake duties on prevention and governance efforts shall carry out public and education efforts on organized crime, to increase the public's awareness of organized crime. Schools, villagers ' committees and residents ' committees shall assist relevant departments in strengthening publicity and education on organized crime.
Publicity and education on countering organized crime shall include the following content:
(1) The concept and characteristics of organized crime;
(2) Methods of identifying organized crime;
(3) The rights and obligations of units and individuals in countering organized crime;
(4) The legal consequences of carrying out organized crime;
(5) Remedies for victims of organized crime;
(5) Other content related to efforts to counter organized crime.
Article 12: Civil affairs departments shall collaborate with Supervision organs, public security organs, and other relevant departments to strictly regulate elections and term changes in basic-level mass autonomous organizations, establishing joint review mechanisms, and where leads on organized crime are found, they shall promptly transfer them to the public security organs to prevent organized crime personnel from disrupting or undermining elections.
Article 13: The departments of education shall strengthen prevention education for enrolled students, establishing campus working mechanisms for preventing harms from organized crime. Where schools discover that organized crime is harming students’ security in their persons and property, or obstructing order in the vicinity of the school, they shall employ measures to stop and prevent it in accordance with law, and report to the public security organs and departments in charge of education.
Article 14: Relevant industries shall consider the characteristics of efforts to counter organized crime in those industries to proactively perform regulatory duties, periodically screen and clean up disorder in the industry, promptly transfer leads on violations and crimes, and establish and complete long-term effective mechanisms for the prevention and governance of organized crimes.
Relevant industry departments shall employ effective measures to strengthen oversight and management of industries and sectors where organized crime easily or regularly occurs.
Relevant industry departments shall strictly review enterprises started or joined by persons with records of organized crime in accordance with law, and establish dynamic management systems.
Article 15: Relevant industry departments shall strengthen detection, monitoring, and analytic research on the issue of organized crime proclivities in the industry or sector, and carry out prevention and governance. Where supervision organs, public security organs, people's courts, or people's procuratorate's discover holes in industry regulation, they may notify the relevant industry departments in written form and submit comments and recommendations. Relevant industry departments shall promptly rectify and seal loopholes, and give the unit written feedback and notification.
Article 16: Based on their area's organized crime situation, public security organs may designate areas, industries, sectors, departments, or places for key prevention and governance.
Relevant responsible units shall employ effective rectification and improvement measures to strengthen the extent of management and control, promptly giving feedback to public security organs on the work situation.
Article 17: Telecommunications business operators and internet service providers shall follow the laws and administrative regulations to perform cybersecurity, information content oversight, and technology security and prevention duties, to prevent the transmission of negative information promoting or inducing organized violations and crime; and where such information is discovered, shall immediately stop its transmission, preserve related records, delete related information, and report to the public security organs and other relevant departments.
Competent departments such as for internet information, telecommunications, and public security shall promptly discover negative information that promotes or induces organized content on organized violations and crime in accordance with their division of responsibilities and labor, and order relevant units to stop the transmission, delete relevant information, or take down relevant applications, close relevant websites, or stop related services. Relevant units shall immediately do so, and store relevant records and assist in the investigation. The competent departments for telecommunications shall employ technical measures to block the transmission of negative information with content advocating or inducing organized crime across borders, to promptly cut off its transmission.
Article 18: The State Council departments for combatting money laundering, and relevant State Council departments and institutions shall urge financial establishments and specified non-financial establishments to perform capital oversight duties to combat organized crime, and where organized crime is suspected in capital flow are to promptly report to the public security organs, and cooperate with the adoption of emergency measures such as the placement of emergency holds on payments or rapid freezing of funds.
Article 19: Public security organs shall establish hierarchical and categorical management measures for persons with criminal records or organized crime.
Upon approval of the responsible person for a public security organ at the county level or above, a reporting system for personal property and daily activities is to be implemented for persons convicted for organizing or leading criminal underworld organizations who have completed their sentences and been released; but the reporting system must not continue for more than 5 years from the date of their release.
Article 20: Prisons, detention centers, and community corrections establishments shall employ targeted measures to regulate and educate 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 participation in organized crime activities, to guide their reentry to society.
Article 21: Departments such as for entry/exit management, customs, and coast guard shall collaborate with public security organs to strictly prevent foreign criminal underworld organizations from permeating and developing in the mainland, and where suspected foreign underworld organization personnel are discovered, shall seize them in accordance with law and promptly transfer them to the public security organs.
Article 22: Public security organs receiving reports of organized crime are to carry out statistics, analysis, and assessment of intelligence and leads on organized crime, and organize a verification or send it to the relevant functional departments to be handled in accordance with law.
Public security organs' statistics, analysis, and assessment of organized crime intelligence and leads may use methods such as collection, storage, use, processing, transmission, provision, and disclosure to handle citizens' personal information.
Article 23: Entities with duties on the prevention of organized crime that discover leads on organized crime while performing those duties, or those receiving reports of organized crime, shall transfer them to the public security organs within 7 days of receiving the lead or report, and cooperate in carrying out the investigation.
Article 24: Industry departments with oversight responsibilities shall establish mechanisms for detection work, to actively discover leads on organized crime, promptly collect and fix evidence, and transfer them to the public security organs to be handled in accordance with law.
Article 25: Based on their duties and mission, public securities organs are to establish mechanisms for the collection and assessment of intelligence and leads on organized crime using special work tactics relying on the use of information technology and big data, and conduct hierarchical and categorical handling.
Article 26: Public security organs reviewing and verifying leads on organized violations and crimes may employ investigative measures in accordance with relevant provisions. Where relevant information and materials are being collected from relevant units and individuals, the relevant units or individuals shall promptly 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.
Upon approval of the responsible person for a public security organ at the districted city level or above, emergency measures such as placing emergency holds on payments, rapid freezing of assets, or temporary seizure may be taken on suspect assets in order to prevent criminal underworld organizations or their members from destroying or transferring property involved in a case.
The emergency measures in the preceding paragraph must not be applied for longer than 48 hours. After the circumstances for applying emergency measures have dissipated, the measures employed on property involved in the case shall immediately be removed.
Article 28: Public security organs reviewing and verifying leads on organized crime may make a decision to employ restrictions on major suspects leaving the country upon approval by the responsible person for a public security organ at the districted city level or higher.
Based on notices from the public security organs, the organs that issue entry-exit documents and the border inspection organs, are to make decisions not to allow the above-mentioned persons to enter or exit the country, not to issue entry-exit documents, or to declare their exit-entry documents invalid.
The time period for restrictions on leaving the country that are employed based on article 1 of this Law must not exceed 90 days. Where it is not necessary to continue employing restrictions on leaving the country, they shall be immediately removed.
Article 29: Where evidence materials obtained by public security organs verifying leads on organized crime meet the requirements for evidence in criminal procedures, they may be used in the investigation, indictment, and trial of the organized crime.
Article 30: Organized crime cases should embody the spirit of stern punishment in accordance with law, and the requirements for applying release on guarantee, non-prosecutions, suspended sentences, commutations, parole, and medical parole should be strictly controlled, and punishments against qualifications and property are to be given full play to reduce the possibility of recidivism.
Members of criminal 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.
Article 31: Handling of organized crime cases shall uphold the evidentiary standard of the fact being clear, and the evidence being credible and sufficient. Testimonial evidence such as witness testimony, victim statements, and statements of the accused that has been lawfully collected and has truthful content, may be taken as a fact of the case when reasonable doubt can be excluded in light of all evidence in the case,
A comprehensive review and judgment shall be made in accordance with the relevant criminal law provisions and in consideration of the special nature of information network crimes, for a finding that use of the information networks to carry out illegal or criminal activities is organized crime. Where some organization members carry out organized illegal and criminal activities through information networks, it does not affect a finding of organized crime that they have not met each other or are not familiar with each other.
Where, for the purpose of obtaining illegal benefits or creating an illegal impact, conduct that causes psychological coercion of others, impacts or restricts their physical liberty, threatens their security in their persons or property, or impacts the normal order of the economy and society is carried out against others or in related places, it may be found to be a criminal method of organized crime.
Article 32: Measures such as non-local detention, separate detention, or solitary detention may be employed for criminal suspects and defendants in organized crime cases to prevent collusion, secret communications, and so forth.
Article 33: When necessary to ascertain the case facts, and upon the approval of the responsible person for a public security organ at the county level or above, controlled payments may be made, with investigative personnel or others designated by the public security organs conducting investigations while concealing their identities.
Article 34: The people's procuratorates shall prohibit the organizers and leaders of organized crime from engaging in certain professions in accordance with the criminal law provisions on prohibiting practice, and circulate notice to the relevant industry regulatory departments.
Article 35: All assets of the organizers and leaders of criminal underworld organizations are to be confiscated. Active participants who are truly core members or who transferred or concealed assets, may have all their personal assets confiscated. The application of punishments against property for other organization members shall be decided upon in accordance with law based on circumstances such as the number of times they participated in carrying out illegal and criminal activities, the nature of their participation, the position and role they played, the amount of unlawful gains, and the size of the harm caused.
Article 36: In any of the following circumstances, where criminal suspects or defendants actively cooperate in investigations, prosecution, and trial efforts, criminal punishment may be mitigated, commuted, or waived, 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 combatting organized crime in which state personnel are suspected of involvement;
(4) Assisted judicial organs in recovering or confiscating stolen assets or goods that were previously out of reach;
(5) Provided other important leads or evidence for breaking cases of organized crime. Where criminal suspects or defendants that participated in criminal organizations are to not be prosecuted or have punishment waived, then based on differing case circumstances they are to be admonished or ordered to make a statement of repentance and guarantee they will not engage in further illegal or criminal activities, or the competent departments are to give administrative punishments or sanctions.
Article 37: Where criminal suspects or defendants have reported or uncovered other major offenders in the same case or have provided important leads for breaking a major case, and handling the cases together might put them, their families, or persons with close relationships to them in physical danger, they cases may be handled separately.
Article 38: Administrative organs shall strictly manage organized crime convicts.
The organizers and leaders of organized crimes that are sentenced to 10 or more years imprisonment, life imprisonment, and those give a death sentence subject to a two-year suspension that is commuted to a term of years or life sentence, shall have their sentence imposed in another province, autonomous region, or directly-governed municipality.
Organizers and leaders of organized crime, and active participants in criminal underworld organizations, that are sentenced to less than 10 years imprisonment, and state personnel that harbor or abet organized crime, may have their sentence enforced in another province, autonomous region, or directly-governed municipality, or in another location within the same province, autonomous region, or directly-governed municipality.
Article 39:Where organized crime provided for in this Law is organized violent crime as provided for by the criminal law, commutation and parole shall be strictly controlled in accordance with relevant provisions.
Article 40: Where organized crime convicts sentenced to 10 or more years imprisonment, life imprisonment, or death sentences subjected to two year suspensions have their sentence commuted, the enforcement organs shall submit a recommendation for commutation in accordance with law, and after reporting for review to the prison administration organs for that province, autonomous region, or directly-governed municipality, request a ruling from the people's courts. Prison administration organs shall give notice to the people's procuratorate and public security organs at the same level when verifying.
The provisions of the preceding paragraph are to be applied to handle the parole of organized crime convicts sentenced to less than 10 years imprisonment.
When recommendations for commutation or parole are submitted and when commutation or parole rulings are made, the convict's pro-active performance on financial items in effective judgements and effective cooperation in disposition of property involved in the case shall be fully considered.
Article 41: Where commutation and parole are to be applied to those convicted of criminal underworld crimes, the people's courts shall hold in-court proceedings and notify the people's procuratorate, the enforcement organs, and the convict in question to be participate in the hearing.
As necessary, the people's courts may notify witnesses to the convict's signs of repentance, meritorious contributions, or major meritorious contributions, as well as others such as evaluators or interpreters, to participate in the hearing.
Article 42: Community corrections establishments shall designate a corrections group responsible for implementing the targeted corrections plan for organized crime convicts sentenced to controlled release, given suspended sentences, parole, or temporarily serving sentences outside of prison,
Article 43: The handling of organized crime cases shall fully investigate the status of the property involved in the case; collect evidence on its origins, nature, use, ownership, and value; employ measures such as making inquiries, seizing, sealing, and freezing it in accordance with law; and dispose of it in accordance with law on the basis of the ascertained circumstances.
For property involved in the case that shall be administered in accordance with law, necessary funds and items for the criminal suspect, defendant and relatives they support are to be left.
Article 44:Where emergency payment holds, inquiries, freezing, or deductions are employed against funds involved in the case, financial institutions and other relevant units shall assist. Public security organs may collect information and data related to organized crime from the administrative departments in charge of combating money-laundering, and may submit investigations of suspicious transactions, and the administrative departments in charge of combatting money laundering shall cooperate.
The relevant units shall reply within three days to demands for inquiries into assets involved in the case.
Article 45:The public security organs may retain the departments in charge of pricing or specialized institutions to assess value of property that shall be recovered or confiscated in accordance with law, as well as proceeds and income from it; where there is no way to make an accurate calculation, a reasonable estimate may be made based on relevant laws and the facts and evidence that have been ascertained.
Where people's procuratorates and people's courts have different opinions on the identification, assessment, or estimated amounts commissioned by the public security organs, they may commission a new identification, assessment or estimate. The income mentioned in the first paragraph includes the following situations:
(1) The income directly generated by the acquired property;
(2) The income from the use of the acquired property for illegal and criminal activities;
(3) The property and income obtained by investing assets and real-estate purchases;
(4) The shares and other income corresponding to the acquired property in assets derived from joint investment or real-estate purchasing using the acquired property and other lawful property;
(5) Other situations that shall be designated as income.
Article 46:For business properties that are not suitable for sealing, seizure, or freezing, the public security organs, people’s procuratorates, and people’s courts may request that the people’s government at the same level designate relevant departments or entrust relevant bodies to manage them in their place or be entrusted with their management, and those relevant departments or institutions shall properly manage them.
Article 47:Upon the consent or application of the owner, and upon 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) Items such as cars and boat that are prone to devaluation;
(3) Bonds, stocks, funds, and other property with large market price fluctuations;
(4) the rights to vouchers such as bills of exchange, notes, and checks which are about to expire;
(5) Other property that needs to be promptly dealt with.
Article 48:Public security organs and people's procuratorates shall review and screen the property in the case. During the transfer to be reviewed for prosecution and initiating a prosecution, suggestions shall normally be submitted on the disposal of property involved in the case for which measures have been taken, and the property and an inventory of it are to be transferred along with the case. Where property involved in the case is not suitable for being transferred with the case, materials such as an inventory, pictures, video, an explanation of the storage methods and location, evaluation opinions, assessment opinions, and evidence of price adjustments shall be provided in accordance with relevant provisions.
Following review, in addition to submitting opinions on the disposal of property transferred along with the case, people's procuratorates are required to submit recommendations on the disposal of other unlawful gains that have not been sealed or seized and which continues to be recovered.
Article 49: During trial, the people's courts shall organize and conduct an investigation into the nature, ownership, and other circumstances of property involved in the case that has been sealed, seized, or frozen, and organized presentation of evidence and debate on these circumstances.
Where there is a larger amount of property involved in the case, or where issues such as the nature and ownership of property involved in the case are more complicated or contentious, the people's courts may convene a pre-trial conference and organize the presentation of evidence and opinions by both the prosecution and defense. Where stakeholders submit objections, the people's courts shall notify them to appear.
Article 50:Through trial, people's courts shall make separate judgments on the property involved in the case in the following circumstances:
(1) Where there is evidence showing that the property involved in the case is truly the victim's lawful property or truly unrelated to the organized criminal activities, it shall be returned in accordance with law:
(2) Where there is evidence showing that the property involved in the case conforms with article 51 of this law, it shall be recovered or confiscated in accordance with law;
(3) Where there is evidence showing that property involved in the case conforms with article 52 of this Law, it shall be recovered in accordance with law;
(4) Where there is evidence showing that property involved the case that should be recovered or confiscated cannot be found, that its value has been lost, or that it has been inseparably mixed with other, lawful property, equivalent property corresponding to specific amounts of the property cannot be directly recovered or confiscated may be recovered or confiscated. Where the defendant has different opinions, they shall provide relevant evidence or leads.
(5) Where there is truly no way to certain the nature and ownership of property involved in the case, but there is evidence showing that the property involved in the case has links to organized crime, and the defendant is unable to explain the property's lawful origin, there are no stakeholders claiming ownership or the stakeholders claiming ownership provided evidence that did not meet the relevant evidentiary standards, it shall be confiscated unless it shall be returned to the victims in accordance with law.
Article 51:Property involved in cases that meet any of the following circumstances shall be recovered or confiscated in accordance with law:
(1) The property and its proceeds or income amassed by criminal organizations and their members through illegal and criminal activities or other improper means;
(2) Property funded or voluntarily provided by other units, organizations or individuals to support the activities of criminal organizations;
(3) The part of the property obtained by a criminal organization and its members through legal production and business activities, or the legal property of individual organization members or their families that is actually used to support the organization's activities;
(4) Prohibited articles illegally possessed by members of criminal organizations and personal belongings used for crimes;
(5) the property obtained by other units, organizations, and individuals by using the illegal and criminal activities of criminal organizations and their members, as well as their fruits and gains;
(6) Other property that shall be recovered or confiscated.
Article 52:In any of the following situations, where property that shall be recovered or confiscated has already been used to pay off debts or been transferred, or had ownership otherwise encumbered, it shall be recovered in accordance with law:
(1) The third-party accepted it knowing it was unlawful or criminal gains;
(2) The third-party acquired the property involved in the case for no compensation or clearly below market value;
(3) The third-party acquired the property involved in the case through illegal debt settlement or illegal or criminal activities;
(4) The third-party acquired the property involved in the case that should be recovered or confiscated by other means. [Translator: Likely intended to mean other situations where it should be recovered or confiscated, but mis-written due to poor drafting]
Article 53:Where criminal suspects or defendants in cases of crimes by criminal underworld organizations are at large and have not been brought in within one year of a wanted bulletin being released, or where the criminal suspects or defendants have died, and unlawful gains and other property involved in the case must be recovered in accordance with criminal law procedures, it shall be confiscated in accordance with the legally-prescribed procedures.
Article 54:Where supervision organs, public security organs, people's procuratorates, or people's courts discover suspected money laundering by criminal organizations, as well as crimes such as the concealment or hiding of criminal proceeds and their proceeds, they shall investigate and handle it in accordance with law.
Article 55:The handling of organized crime cases shall fully investigate the involvement of state personnel in organized crime activities, and address it in accordance with law.
In investigating and handling leads and cases of state personnel involvement in organized crime, supervision organs, public security organs, people's procuratorates, and people's courts shall strengthen coordination and coopertion. State personnel who organize, lead or participate in organized crime; who harbour, abet or assist organized crime; or who commit violations or crimes closely related to organized crime, shall be severely punished in accordance with the law.
Article 56:Where supervision organs, public security organs, people's procuratorates, people's courts, and judicial administrative organs discover leads of state personnel suspected of organized violations and crimes such as organizing, leading, participating in, harboring, abetting, or assisting in organized violations and crimes, as well as leads on crimes abusing public office such as accepting bribes or malfeasance, they shall promptly transfer them to the competent organs for handling.
The competent organs shall prioritize the disposition and handling of leads on the violations and crimes provided for in the preceding paragraph, and establish communication mechanisms for handling the leads.
Article 57:Where state personnel both organize, lead, or participate in criminal underworld organizations and harbor, abet, or assist that organization, punishment is to be given in accordance with the more severe provisions.
Where state personnel harbor, abet, or assist criminal underworld organizations, and also have criminal conduct such as accepting bribes, they shall be given combined punishment for the multiple crimes.
Article 58:In any of the following situations where a crime is not constituted, state personnel are to be given heavier sanctions in accordance with law:
(1) Colluding with criminal organizations or members of criminal organizations to obtain illegal benefits or to facilitate their illegal or criminal activities;
(2) Exploiting their authority or the influence of their position to impact or interfere with efforts to counter organized crime;
(3) Disposing of leads on organized crime without approval or authorization; discovering case circumstances and not accepting them, concealing them, or falsely reporting them; not transferring or privately withholding and handling materials related to the case;
(4) Luring others to commit crimes in efforts to counter organized crime, or employing methods that might endanger public safety or cause major threats to physical safety;
(5) Intentionally 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;
(6) Other acts of abuse of authority, dereliction of duties, or twisting the law for personal gain.
Article 59:Reports against law enforcement and judicial personnel engaged in countering organized crime shall be handled cautiously to prevent criminal suspects and defendants from exploiting reports to disrupt case-handling or take revenge. Anonymous reports where the matter being reported is unclear may be rejected. Where methods such as petitioning are used to distort the facts or falsely accuse law enforcement or judicial personnel engaged in countering organized crime, responsibility shall be pursued in accordance with law and severely punished. When necessary, public clarifications are to be made to the victims of false accusations.
Article 60: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 61: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, and establish channels for overseas reporting (of crimes). With the approval of the State Council public security departments, public security organs in border adjacent areas may establish cross-border intelligence information exchanges and cooperative policing mechanisms with non-mainland law enforcement bodies.
Article 62:Criminal judicial assistance or extradition involving organized crime is to be handled in accordance with relevant laws.
Article 63:Materials obtained through international cooperation on countering organized crime and international policing cooperation may be used as evidence in administrative punishment and criminal proceedings, except where the relevant treaties have contrary provisions on the scope of their use, or the party providing them has requested and been promised that they will not be used as evidence.
Article 64:The state is to provide necessary organizational, systemic, and material safeguards for efforts to counter organized crime.
Article 65: In accordance with their legally-prescribed duties, public security organs and other relevant departments shall establish special bodies for efforts to counter organized crime, strengthen specialized training, and increase the capacity for countering organized crime.
County and township level people's governments shall guide relevant units and basic-level mass autonomous organizations in assisting and cooperating with relevant departments carrying out efforts to counter organized crime.
Article 66:The State Council and all levels of local people's governments at the county level and above shall include costs of counter-organized crime work in their budgets, in accordance with the division of authority.
Article 67:Where witnesses, evaluators, and victims, or their families, face threats to their physical safety as a result of having testified in an organized crime case, the public security organs, people's procuratorates, and people's courts shall employ one or more protective measures as provided.
Public security organs, people's procuratorates, and people's courts employing protective measures as in the preceding paragraph 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.
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 68:When case-handling personnel make written records or documents, they shall use codes to replace the real names of witnesses or victims whose identity is kept secret and must not record the residence, unit, ID number, or other information from which the witnesses' or victims' identity may be identified. A fingerprint is substituted for witness or victim signatures.
A separate file, to be classified and given to the case-handling units' archival departments for storage, shall be established with records and documents containing the true name and identification information of witnesses and victims whose identity is being kept secret, as well as a comparison chart of codes and real names.
Article 69:The people's courts shall verify the identity of witnesses and victims whose identities are secret when holding in-court proceedings. When courts hear case they must not disclose the true name or identity information of witnesses or victims whose identity is secret. The voices and images of witnesses and victims whose identity is kept secret shall be processed with technology such as voice and image change when being used in open debate on evidence.
Witnesses and victims whose identity is kept secret who appear in court to testify may employ protective measures such as restricting questioning, concealing their appearance, changing their voices, or using audio or video transmission.
Article 70:The public security organs are to implement any prohibitions on contact with witnesses, evaluators, victims, and their families, or protective measures for the persons and residences of witnesses, evaluators, victims, and their relatives.
Before people's procuratorates and people's courts employ the protective measures in the preceding paragraph, they shall reach a consensus the public security organs.
Article 71:Upon strict approvals, secret relocation protection measures may be employed for witnesses, victims, or their families whose physical safety is severely threatened. The State Council departments for public security are responsible for reviewing, approving, and organizing the implementation of secret relocation protection measures.
Article 72:The protection of those reporting cases, making accusations, and informants is to be implemented in accordance with the provisions on special protection of witnesses, evaluators, and victims.
Where persons who participated in organized crime actively cooperate with the investigation, prosecution, and trial efforts and play a major role, protections may be implemented with reference to those for witnesses, evaluators, and victims.
Article 73:Protective measures such as courtroom 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 74: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 IX: Legal Responsibility
Article 75:Those organizing, leading, or participating in criminal underworld organizations; assisting criminal underworld organizations; and profiting from underworld organizations; the personnel of overseas underworld organizations who go to the mainland PRC to develop organization membership; those participating in overseas criminal underworld organizations; and state personnel who harbor, abet, and help criminal underworld organizations or overseas criminal underworld organizations, shall be pursued for criminal responsibility according to law.
Where acts carried organized and carried out by malign forces that constitute a crime, criminal liability shall be pursued in accordance with law.
Article 76:In any of the following circumstances where a crime is not constituted, the public security organs are to give administrative detention of between 10 and 15 days, and give a fine of between 10,000 and 30,000 RMB; but where the circumstance are clearly more mild, detention is to be between 5 and 10 days, and the find is up to 10,000 RMB.
(1) Instigating or tricking others to participate, or intentionally obstructing others from leaving organized crime organizations;
(2) Obstructing others from reporting or uncovering, providing evidence, or not accepting state organ requests for evidence materials on organized crimes, and not correcting this upon being ordered to do so;
(3) Threatening, berating, or taking revenge upon law enforcement or judicial personnel engaged in efforts to counter organized crime, or witnesses, evaluators, victims, informants, report makers, and accusers in organized crime cases;
(4) Violating a decision of a people's court to prohibit their practice in a field;
(5) Violating the reporting system provided for in this law, and refusing to make corrections when ordered;
(6) Other circumstances that do not constitute a crime that shall be given administrative punishments.
Where minors are instigated or induced into participating in, or intentionally obstructed from leaving, an organized crime organization, severe punishment is to be given in accordance with the preceding paragraph.
Where units carry out the conduct in the preceding two paragraphs, the unit is to be fined between 50,000 and 200,000 RMB. and its directly responsible management and other directly responsible personnel are to be punished in accordance with relevant provisions.
Article 77:Where financial institutions and relevant units fail to assist public security organs, people's procuratorates, and people's courts in employing emergency payment stops, inquiries, freezing, regular freezing or deduction of assets involved in the case as provided by this Law, the public security organs are to give a fine of between 50,000 and 200,000 RMB and give a fine of up to 50,000 RMB to the directly responsible management and other directly responsible personnel; 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 persons are to be fined up to 50,000 RMB and may be detained for up to 10 days .
Article 78:In any of the following situations, the competent departments are to order telecommunication business operators and internet service providers to make corrections, and where the corrections are refused, the competent departments are to give a find of between 50,000 and 200,000 RMB, and fine directly responsible managers and other directly responsible persons up to 50,000 RMB; where the circumstances are serious, a fine of between 200,000 and 500,000 RMB is to be given, the directly responsible managers and other directly responsible persons are to be fined up to 100,000 RMB and the public security organs may detain them for up to 15 days.
(1) Refusal to provide technical support and assistance for the investigation of organized crime;
(2) Refusal to follow the request of competent departments to stop transmission, delete relevant information, or store relevant records, causing the transmission of information advocating or inducing organized crime or case information that should not be leaked.
Article 79:Where relevant state organs or administrative departments refuse to perform or delay performance of their legally-prescribed duties to counter organized crime, or they refuse to cooperate with 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 a vile impact, the civil servants who have leadership responsibilities 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 80: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 81: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 82: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 X: Supplementary Provisions
Article 83:This Law takes effect on xx-xx-xxxx.