Organized Crime Law

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Contents

Chapter I: General Provisions

Chapter II: Prevention and Governance

Chapter III: Case Handling

Chapter IV: Identification and Disposition of Assets Involved in the Case

Chapter V: Handling of state employees involved in organized crime

Chapter VI: International Cooperation

Chapter VII: Safeguard Measures

Chapter VIII: Legal Responsibility

Chapter IX: Supplemental Provisions

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' as used in this Law refers to criminal organizations that have not yet become an underworld criminal organization, but regularly gather together and use violence, threats, or other tactics to carry out multiple illegal or criminal activities in a certain region, industry, or sector doing wrong, suppressing the public, disrupting the order of the society and the economy, and causing relatively 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 grassroots-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, administrative organs of justice, 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 mobilize and rely upon 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 the prevention and correction of organized crime shall carry out public and education on organized crime to increase citizens' 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 as popular legal publicity and using cases to explain the law.

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

Article 11: 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 students' awareness to counter organized crime, teaching and guiding students 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 stop it and take preventive measures, and report to the public security organs and administrative departments for education.

Article 12: Civil affairs departments shall collaborate with Supervision organs, public security organs, and other relevant departments to conduct reviews of the credentials of candidates for members of villagers' committees and residents' committees, and where it is discovered that they have received criminal punishments for committing organized crimes, it shall be promptly handled according to the relevant provisions; where leads on organized crime are found, they shall promptly report them to the public security organs.

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 preventing and correcting organized crime in corresponding industry, conduct monitoring and analysis on organized crime in the relevant industry or sector, and strengthen oversight and management of industries and sectors where organized crime readily occurs.

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 correct organized crime, they may submit comments and suggestions to those departments in writing. The relevant industry regulatory departments shall promptly handle them and provide written feedback.

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 management, 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 mainland territory.

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. Upon discovering suspicious transactions that are related to organized crime, the relevant competent departments 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.

After those convicted of organized crime are released upon completion of their criminal sentences, the judicial administrative organs shall collaborate with relevant organs to implement mentorship placements and other necessary rehabilitation linkage measures to facilitate their smooth integration into society.

Article 19: Public security organs at the districted-city level and higher may decide that persons who are given criminal punishments for 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 is not to exceed 5 years.

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

Article 21: Departments such as for immigration management, customs, and the 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 admit 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 the 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 as 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, fines, and other criminal punishment.

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 the networks are used to commit crimes, and the requirements of article 2 of this law are met, it shall be found to be organized crime.

Where disturbances, pestering, commotions, or assembling to build momentum are carried out in an organized fashion for the purpose of obtaining an illegal benefit or having an illegal impact, causing psychological coercion of others, sufficient to restrict physical liberty or endanger security in their persons or property, and impacting the normal social and economic order, it may be found to be a criminal method of organized crime.

Article 24: Public security organs shall use modern information technologies to establish mechanisms for collecting and assessing leads on organized crime, addressing them by level and type in accordance with law.

After public security organs receive reports, accusations, or information on cases of organized crime. they shall promptly carry out efforts on statistics, analysis, and assessment, and organize a verification or transfer it to be handled by the organs in charge of organized crime.

Article 25: Where 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 other competent organs to be handled in accordance with law.

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, and other property information.

Where public security organs verifying leads on crimes of criminal underworld organizations discover an imminent risk of the destruction or transfer of assets, then 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, or temporary freezing or seizure of assets may be taken against suspect assets, but the 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 for case-handling and preserving regulatory order, measures such as detention in other areas, separated detention, or solitary detention may be employed for criminal suspects or defendants in organized crime cases. Where detention in another area is employed, the family and defender of the criminal suspects or defendants shall be notified.

Article 31: As necessary for the investigation of crimes, after the public security organs have opened a case, they may employ technical investigation measures, carry out controlled purchases, and investigate by concealing the identity of relevant personnel in accordance with the Criminal Procedure Law of the PRC.

Article 32: Where criminal suspects or defendants report or 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 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 limited as to the organizers or leaders of organized crime:

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

(2) Provided important leads or evidence for ascertaining 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 involved;

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

(5) Other situations of providing important leads or evidence for investigating and handling cases of organized crime.

Where criminal suspects or defendants that participated in criminal organization crimes are to not be prosecuted or have punishment waived, then based on differing case circumstances they may lawfully be admonished or ordered to make a statement of repentance, formally apologize, and compensate losses, or the competent departments are to give administrative punishments or sanctions.

Article 34: The assets of the organizers and leaders of underworld criminal organizations shall be concurrently confiscated in accordance with law. Based on their position and role in the criminal organization, and factors such as the number and nature of illegal and criminal activities they participated in, the amount of unlawful gains, and the harms caused, other members of the organizations may be given concurrent fines or have assets confiscated in accordance with law.

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 enforced in other areas 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.

The procedures provided in the preceding paragraph apply to the parole of the organizers or leaders of underworld criminal organizations or the head of malign forces organizations.

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.

Public security organs, people's procuratorates, and people's courts may make inquiries into or freeze the assets of criminal suspects or defendants such as savings, remittances, bonds, stocks, and fund shares. Relevant units and individuals shall cooperate.

Article 40: As needed for handling organized crime cases, public security organs, people's procuratorates, and people's courts may fully investigate the status of suspected organized crime organizations' and their members' assets.

Article 41: The sealing, seizure, freezing, and disposition of assets involved in the case shall be conducted in strict accordance with the legally-prescribed requirements and procedures, protect the lawful rights and interests of citizens and organizations in accordance with law, strictly distinguish between unlawful gains and legal assets, and between the persons' assets and those of their family, and reduce the negative impact on the normal business of enterprises. Assets that are not related to the case must not be sealed, seized, or frozen. Assets that are found to be truly unrelated to the case after checking shall be released from sealing, seizure, or freezing within 3 days and returned. Lawful property of the victim shall be promptly returned.

In sealing, seizure, or freezing of assets involved in the case, funds and items necessary for the criminal suspect, defendant and relatives they support are to be left.

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 criminal suspects or defendants or their relatives:

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

(2) Bills of exchange, notes, and checks which are about to expire;

(3) Assets such as bonds, stocks, and share funds, upon an application by the rights holder, where the sale will not harm the national interests or the victims' interests and will not impact the normal conduct of proceedings.

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 when initiating prosecutions, opinions shall be submitted on the disposition of assets involved in the case.

In hearing organized crime cases, court investigation and debate shall be conducted on facts and evidence related to the nature and ownership of assets involved in the cases. The people's courts shall make a judgment in accordance with law and dispose of the assets involved in the case.

Article 45: All 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, or have restitution ordered in accordance with law.

Where it is not possible to find assets involved in the case that shall lawfully be recovered or confiscated, or they have been destroyed or inseparably entangled with other lawful assets, other equivalent assets or the unentangled assets 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 evidence showing 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: Property involved in cases that meet any of the following circumstances 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 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 the provisions of the Criminal Law of the People's Republic of China, it is to be handled in accordance with the procedures of the Criminal Procedure Law of the People's Republic of China on confiscation of unlawful gains in cases where the criminal suspects or defendants are missing or deceased.

Article 48: Where supervision organs, public security organs, or people's procuratorates discover money laundering 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 interested persons submit objections to the sealing, seizure, freezing, or disposition of assets involved in the case, the public security organs, people's procuratorates, and people's courts shall promptly verify, hear their opinions, and handle it in accordance with law.

Where after the public security organs, people's procuratorates, or people's courts have handled the assets involved in the case an interested party is not satisfied with the handling, they may raise a collateral appeal or accusation.

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

(3) Harboring organized crime organizations or enabling organized crime activities;

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

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

(6) Other illegal or 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 and establish mechanisms for communicating leads; where leads on suspected violations or crimes by state employees as provided for in article 50 by of this Law are discovered, they shall be handled in accordance with law or promptly transferred for handling by the competent organs.

Any unit or individual discovering the illegal or criminal conduct of state employees related to organized crime has the right to make a report, accusation, or give information to the supervision organs, people's procuratorates, public security organs, or other departments. After relevant departments receive a report, accusation, or information, they shall handle it promptly.

Article 52: state employees investigating and handling organized crime cases in accordance with law, or supporting and assisting the investigation and handling of organized crime cases in accordance with their duties, must not have the following conduct:

(1) Not accepting the reports, accusations, or information received; discovering information or leads on crimes and concealing them without reporting them, or not truthfully reporting them; or not transferring criminal leads and case materials, but handling them on their own accord without approvals or authorization;

(2) Obstructing the investigation and handling of the case by sending information to the persons who broke the law or committed crimes;

(3) Handling cases contrary to the facts and laws;

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

(5) Other conduct abusing professional powers, dereliction of duties, twisting the law for personal gain.

Article 53: After relevant organs receive reports against law enforcement and judicial personnel engaged in efforts to counter organized crime, they shall handle them in accordance with law and prevent criminal suspects or defendants from exploiting reports to disrupt case-handling or to take revenge.

Where methods such as reporting 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 created, the facts shall be promptly cleared up and reputations restored, to eliminate the negative 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 department 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 on organized crime with law enforcement bodies from neighboring countries and regions.

Article 56: Criminal justice 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 their duties, public security organs and other relevant departments are to establish and complete special forces for countering organized crime, strengthen team construction and specialized training, and increase the capacity for countering organized crime.

Article 60: 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 the fiscal budgets for that level, in accordance with the division of authority.

Article 61: Where a person or their family faces threats to their physical safety as a result of having reported, making an accusation, or stopping organized crime activities, or due to having testified in an organized crime case, the public security organs, people's procuratorates, and people's courts shall employ one or more of the following protective measures as provided:

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

(2)adopt measures for appearing in court to testify that don't reveal appearances or true voices ;

(3) Prohibit specified persons from approaching the protected person;

(4)adopt special protective measures for persons and residences;

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

(6) Other necessary protective measures.

Article 62: The public security organs are to implement the protective measures in items (3) and (4) of Article 61 of this Law. Where the identity of a person being protected is changed on the basis of article 61 of this Law, the State Council departments for public security are to approve and organize the implementation.

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 committed organized crimes cooperate in efforts such as on the investigation, prosecution, and trial, or play a major role in breaking cases or clarifying case facts, the provisions on witness protection may be implemented by reference.

Article 64: Protective measures such as personal protections and prohibitions on contact with certain persons may be employed 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 mainland territory of the PRC 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 provisions of the PRC Criminal Law 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 constituted, the public security organs are to give between 5 and 10 days detention, and may give a concurrent 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 between 10,000 and 30,000 RMB may be given; where there are unlawful gains, they are to be confiscated except, those that shall be returned to the victims according to law:

(1) Participating in a foreign underworld 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 from providing evidence on organized crime, or, having knowledge 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 personal assets and regular activities are not truthfully reported in accordance with the decisions of the public security organs, in violation of the provision of article 19 of this Law, the public security organs are to give warnings and order corrections, where corrections are refused, detention of between 5 and 10 days is to be imposed, and a fine of up to 30,000 RMB given.

Article 71: Where financial institutions and other relevant units fail to assist public security organs in employing emergency payment stops and temporary freezing measures as provided for in article 27 of this Law, the public security organs are to order corrections; where corrections are refused, 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, the public security organs may suggest that the relevant competent departments give sanctions to the directly responsible managers and other directly responsible personnel in accordance with the law.

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; where the circumstances are serious, 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 or 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 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 come into force on May 1, 2022.

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