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Public Security Organ Provisions on Efforts to Counter Organized Crime

Chapter I: General Provisions

Article 1: These provisions are drafted on the basis of relevant laws and administrative regulations in order to assure the implementation of the PRC Organized Crime Law, to ensure that public security organs carry out efforts to counter organized crime lawfully, in a regulated manner, and effectively; and to protect the lawful rights and interests of citizens and organizations.

Article 2: The duties and tasks of public security organs in countering organized crime are to gather and assess information related to organized crime, verify leads on organized crime, investigate cases of organized crime, carry out administrative punishments provided for in the PRC Organized Crime Law, and carry out efforts on preventing and correcting organized crime within the scope of their authority.

Article 3: Public security organs carrying out 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 4:Public security organs carrying out efforts to counter organized crime shall comply with laws, administrative regulations, and these Provisions, so law enforcement is strictly regulated, with respect for human rights.

Article 5: Public security organs shall continue to enhance the professionalization, regulation, and use of information technology in efforts to counter organized crime, and promote the scientific, precise, and effective implementation of each item in efforts to counter organized crime.

Article 6: Public security organs shall give play to their duties and roles, strengthen information sharing and concerted action with relevant departments, fully coordinating all resources and promoting the correction of organized crime at its source.

All local public security organs and policing departments shall increase coordination and cooperation with each other, and carry out each duty in efforts to counter organized crime in accordance with law.

Article 7: Public security organs shall establish scientific mechanisms for evaluating efforts to counter organized crime, comprehensively assessing areas such as baseline work, forces, prevention and governance, and the investigation of violations and crimes, to comprehensively appraise the quality and efficacy of efforts to counter organized crime.

Chapter II: Prevention and Governance

Article 8: Public security organs shall summarize public security work duties and actively carry out publicity and education on organized crime through methods such as popular legal education and using cases to explain the law, increasing citizens' awareness and ability to counter organized crime.

Article 9: Public security organs shall actively cooperate with administrative departments for education and schools to establish working mechanisms for preventing organized crime from encroaching on campuses, strengthening publicity and education on countering organized crime, enhancing students' awareness in recognizing and being vigilant against organized crime, teaching and guiding students to conscientiously resist organized crime, and preventing harm from organized crime.

Article 10: Public security organs that discover information online that advocates or induces organized crime, shall promptly order the telecommunications operators or internet service providers to stop its transmission and employ measures to address it such as removal of relevant applications from the market, close relevant websites, and stop relevant services; and store the related records and assist in investigations.

Article 11: Public security organs shall establish systems for monitoring and assessing organized crime, regularly conducting assessments of the state of organized crime in the jurisdictional area based on circumstances such as policing in the jurisdiction, leads, cases, and societal assessments, and report the outcome of the assessment to the public security organs at the level above.

Article 12: Public security organs shall cooperate with relevant departments, such as for civil affairs, to conduct reviews of candidates for membership in villagers' and residents' committees, and promptly handle leads related to organized crime.

Article 13: Public security organs shall cooperate with industry regulatory departments such as for market administration, financial regulation, natural resources, and transport, to establish and complete long-term mechanisms for the prevention and correction of organized crime.

Article 14: Where, in the course of handling cases, public security organs discover that there are problems in the efforts of relevant industry regulator departments to counter organized crime, and they need to submit written recommendations, they submit a written public security instruction letter to the relevant industry regulatory departments.

Where the organ sending the letter feels it is necessary, a copy may be sent to the people's government, people’s congress, or supervision organs at the same level, or to the organ at the level above the unit being sent the letter.

Article 15: The drafting of public security instruction letters shall be based on public security functions, consider investigative work, and adhere to the principles of accuracy and timeliness, necessity and prudence, and emphasizing efficacy.

Article 16: Public security organs may send public security instruction letters directly to the industry regulatory departments at the same level.

Where it is necessary to send them to an industry regulatory department at a lower level, they may be sent directly or the corresponding lower-level public security organs may be directed to send them.

Where it is necessary to send them to an industry regulatory department at a higher level, they shall be sent up through the levels to the public security organs at the same level, and where the higher level public security organ finds it is necessary, they may also send it directly.

Where problems are found in the efforts to prevent and correct organized crime by an industry regulatory department in another area, a report shall be made to the public security organs at the same level for that area, for them to address it.

Article 17: Public security instruction letters shall clearly indicate the specific problems, the channels through which they were discovered, the reasons and basis, comments and suggestions, and required feedback.

Article 18: Based on the outcomes of organized crime status assessments, responses to public security instruction letters, and so forth, public security organs may collaborate with relevant departments to determine key regions, industry sectors, or venues for prevention and correction.

Article 19: Based on their authority, public security organs shall strengthen public security administration management of key regions, industry sectors, or venues for the prevention and correction of organized crime, and collaborate and cooperate with relevant departments in increasing the force of oversight inspections and carrying out special corrective programs.

Article 20: The public security organs for the districted city level at the place of household registration for those receiving criminal sentences for organizing or leading underworld criminal organizations may decide that they are to report on their personal assets and routine activities to the public security organs beginning on the day on which their sentence is completed, and draft a written order for the decision.

Where the public security organs for the place of household registration provided for in the preceding paragraph finds that it would be more appropriate to have the public security organs that handled the case make the decision, they may discuss having them make the decision. Where the consultation is not successful, the public security organ at the common level above is to make a designation.

Where it is found that there is no need for the reporting, this shall be reported to the public security organ at the level above for agreement; but where the circumstances that make reporting unnecessary change and it is necessary to report, an order is to be made in accordance with these provisions for personal assets and routine activities to be reported.

Article 21: Orders to report personal assets and routine activities shall indicate the reporting period, the time for the first report, the interval of subsequent reports, the content of reports, the methods of reporting, and the address and contact information of the public security organs receiving the reports, as well as the legal consequences for not truthfully reporting.

The time for the first report is not to be later than one month following the completion of their sentence, and the interval between two reports is to be between 2 and 6 months.

The written orders to report personal assets and routine activities shall be sent and announced within 3 months of the completion of the criminal punishment, and the organ enforcing the criminal punishment may be entrusted to send and announce it.

Where a decision to order reporting of personal assets and routine activities is made based on article 20, paragraph 3, of these Provisions, the time limits on the first report provided in the second paragraph and the time limits in the preceding paragraph do not apply.

Article 22: The public security organs making the decisions are responsible for receiving reports on personal assets and routine activities. When necessary, a public security organ at the level above may also be designated to receive reports.

Where the person with the reporting obligation applies during the reporting period, the public security organs receiving the reports finds that it is truly necessary, and the decision-making organ approves it, there may be a change in the public security organ receiving the reports. Where the change is outside the jurisdictional region of the decision-making organ, report up to the public security organ at a common higher level for a decision.

Where the public security organ receiving the report is changed, work linkages shall be completed.

Article 23: Persons with reporting obligations shall comply with the requirements of the written order to report personal assets and routine activities to report their personal assets and routine activities to the public security organs.

In the intervals between reports, where there might be circumstances that cause a larger change in the personal assets or routine activities of persons with reporting obligations, or where there are major errors or omissions in reports, the public security organs receiving the reports may notify the person with the reporting obligation to make supplemental written or oral reports on the relevant circumstances.

Where there is a change in the residence, work unit, communications method, travel douments, or major assets of the person with a reporting obligation, they shall report this to the public security organs within 24 hours of the change.

Article 24: Public security organs may request that persons with reporting obligations report the following personal assets and routine activities:

(1) Their residence, work unit, and communications methods;

(2) The status of movable property, real property, cash, savings, property rights, and other assets;

(3) Commercial enterprises, professional engagement and salary, investment income, business income, and other non-professional economic income, large payments, and changes in assets;

(4) Main routine social interactions, marital status, contact with designated persons, and entry in designated venues or entry and exit from the mainland territory, and so forth;

(5) Being subjected to administrative or criminal investigations and punishments, and involvement in civil litigation.

Supporting materials shall be provided by the persons with reporting obligations regarding items (2), (3), and (5) in the preceding paragraph.

Article 25: The period for reporting personal assets and routine activities is not to exceed 5 years, and where the period is completed or the person with the reporting obligation dies, the reporting obligation is automatically lifted.

Article 26: Where, in the course of work, public security organs discover that personnel from unregistered overseas evil social organizations have induced, developed, or carried out illegal or criminal activities, then as needed for work, they may notify departments such as for immigration management, customs, and the coast guard to give recommendations on addressing it.

Where departments such as for immigration management, customs, and the coast guard discover that members of unregistered overseas social organizations have entered the territory, and they notify the public security organs. it shall be addressed promptly in accordance with law.

Chapter III: Verifying and Addressing Leads

Article 27: 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.

Public security organs shall promptly carry out efforts to compile statistics, analyze, and assess leads on organized crime, and organize verification in accordance with law; matters that are not within the scope of public security organs’ duties are to be transferred to the organs in charge in accordance with law.

Article 28: Public security organs at the county level are responsible for verifying leads on organized crime, when higher-level public security organs find that it is necessary, they may have a higher-level verify or designate another public security organ for verification.

Higher-level public security organs shall strengthen oversight and guidance of efforts to verify leads, and when necessary, may organize spot checks and re-examinations.

Article 29: A verification of leads on organized crime is to be initiated upon the approval of the responsible person for a public security organ at the county level or above.

Investigative measures that do not restrict the rights of the person being investigated in their person or property, such as questioning, inquiries, site inspections, examinations, evaluations, and the collection of evidence may be employed in accordance with relevant laws and provisions in the verification of leads on organized crime.

The adoption of the investigative measures provided for in the preceding paragraph is to be approved in accordance with the provisions in the “Provisions on Procedures for Public Security Organs’ Handling of Criminal Cases, and a legal document is to be drafted.

When public security organs gather or obtain information and materials from relevant workplaces or individuals, they shall inform them that it must be truthfully provided.

Article 30: Where public security organs verifying leads on crimes of criminal underworld organizations discover an imminent risk of the destruction or transfer of assets, then after 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.

Where the period is completed or the circumstances allowing the use of emergency measures have been eliminated, the emergency measures shall be immediately lifted; where the conditions for opening a case are met, the case handling departments shall lawfully open a case and investigate before the period for emergency measures is completed, and handle formalities for freezing and seizures.

Article 31: The conclusions from the verification of leads on organized crime shall be made upon approval of the person responsible for the public security organ conducting the verification. Where there is a clear informant, reporter, or accuser, they shall be notified of the conclusions of the verification except where there is no way to give notice or where notice might impact subsequent investigative efforts.

Where it is decided to not open a case regarding the matters that accusers have raised in leads on organized crime, the public security organs shall draft a written notification of not opening a case after the verification conclusions are made and send it to the accuser within 3 days.

Article 32: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.

Chapter IV: Case Handling

Article 33: Public security organs handling organized crime cases shall have the facts as a basis and the law as their measure, fully collect evidence in accordance with law, comprehensively review and assess, and correctly identify organized crime.

Article 34: The principal responsible person for the public security organs handling cases is to organize collective discussion and decision-making on the release on guarantee of the organizers, leaders, and core members of organized crime.

Article 35: 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 36: Cases of crimes not committed using information networks that have the traits and meet standards for designated organized crimes, shall be investigated and transferred for prosecution as organized crime cases.

Article 37: As needed for the investigation of organized crime cases, the public security organs may request that the people's procuratorate appoint personnel to join in case consultation, and hear their comments on the determination of the case type, collection of evidence, application of law, and other such areas.

Article 38: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 as provided; and where it is not necessary to continue employing the entry/exit restrictions, they shall be promptly lifted.

Article 39:As needed for case handling and the preservation of regulatory order, measures such as detention in another location, separate detention, or solitary detention may be employed for the criminal suspects and 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 40: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.

Public security organizations carrying out controlled purchases or having relevant personnel carry out investigations with concealed identities, shall conduct risk assessments, formulate plans, and carry them out after receiving approval from the responsible person for public security organs at the county level or above.

Materials related to cases that are collected by employing technical investigation, controlled purchases, and concealed identity investigations may be used as evidence in criminal proceedings. If using this evidence might endanger relevant personnel's physical safety or might create other serious consequences, protective measures shall be adopted such as not revealing the relevant persons' identities, the use of technical equipment, or investigative measures. Where it is not possible to employ protective measures or the employment of protective measures is insufficient to prevent the creation of serious consequences, it may be recommended that trial personnel conduct verification of evidence outside of court.

Article 41: Public security organs investigating organized crime cases shall lawfully fulfil obligations to given notice and education on plea leniency, urging criminal suspects to truthfully confess their criminal activity.

Where criminal suspects plea, their desire for a plea, and comments on lenient handling shall be noted in the comments in support of indictment, and relevant evidence is to be transferred with the case.

Article 42: Where public security organs may lawfully decide not to employ custodial compulsory measures against criminal suspects with minor criminal conduct who have pleaded and for whom non-custodial measures are sufficient to prevent the occurrence of the societal harm provided for in article 81, paragraph 1, of the Criminal Procedure Law of the People's Republic of China, and where they are already detained, the compulsory measures may be changed in accordance with law.

Article 43: Where criminal suspects 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 with the approval of the person responsible for a public security organ at the county level or above.

Where public security organs decide to divide cases, they shall solicit the opinions of the people's court and people's procuratorate in writing on issues such as jurisdiction and reach a consensus, to prevent circumstances such as the destruction or loss of evidence, breaks in the chain of evidence, or impacts of designation as an organized crime.

Article 44: Where criminal suspects or defendants have any of the circumstances provided for in the first paragraph of article 33 of the PRC Organized Crime Law, the public security organs may submit an opinion for lenient handling to the people's procuratorate upon the approval of the principle responsible person for a public security organ at the county level or above, and are to explain the reasons.

This shall be strictly applied as to the organizers and leaders of organized crime.

Chapter V: Investigation and Handling of Assets Involved in the Case

Article 45: As needed for handling organized crime cases, public security organs may fully investigate the source, nature, use, ownership, and value of assets of organizations and their members suspected of organized crime, and employ measures such as making inquiries, sealing, seizing, or freezing them in accordance with law.

The scope of the full investigation includes: The assets of organized crime organizations; assets owned by organization members, assets actually controlled by organization members; assets purchased with funds from organization members; assets transferred by organization members to be under the names of others; assets that are suspected of involvement in crimes such as money laundering and the hiding or concealment of criminal gains and the fruits or profits thereof; and other assets related to organized crime organizations and their members.

Article 46: As needed for efforts to counter organized crime, public security organs may make inquiries to the departments in charge of countering money laundering regarding information and data related to organized crime, and submit questionable transaction activities for investigation.

Article 47:Upon approval from the principle responsible person of a public security organ at the county level or above, the following assets may be lawfully addressed in advance, with the proceeds to be held by the seizing or freezing organ, and the criminal suspects or defendants or their relatives are to be promptly notified:

(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 48: Where the assets of organized crime organizations and their members that are involved in the case shall be recovered or confiscated in accordance with law but cannot be found, have been destroyed or lost, or are inseparably mixed with other lawful assets, the public security organs shall actively investigate and collect relevant evidence, and explain this in their opinions in support of indictment.

Article 49: Where there is evidence showing that there is a high probability that assets obtained by the criminal suspects during the crime are an underworld criminal organization crime’s unlawful gains or their fruits and profits, the public security organs shall request that the criminal suspect explain the source of the assets and verify this; and where the criminal suspects cannot explain their lawful source they shall transfer this along with with the case for review for prosecution and explain the high probability.

Article 50: When organized crime cases are transferred for review for prosecution, public security organs shall submit written opinions on handling the assets involved in the case, and give their reasons and basis.

In cases of underworld criminal organization crimes, materials on assets involved in the case shall normally be independently independently filed.

Article 51:Where criminal suspects 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 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 and Provisions on the Public Security Organs’ Procedures for Handling Criminal Cases on confiscation of unlawful gains in cases where the criminal suspects or defendants are missing or deceased.

Article 52: Upon the approval of the principle responsible person for a public security organ at the county level or above, an application may be made to the local government to designate a relevant department or entrust a relevant institution to manage or take trusteeship over business assets that aren’t suitable for sealing, seizure or freezing.

Where the circumstances making sealing, seizure, or freezing inappropriate have passed, the public security organs may seal, seize or freeze the relevant assets in accordance with law.

Article 53:Where interested persons raise objections to the sealing, seizure, freezing, or disposition of assets involved in the case, the public security organs shall promptly verify, hear their opinions, make a disposition in accordance with law, and notify the stakeholders in writing. Assets that are found through inspection to be truly unrelated to the case shall have the relevant measures lifted within three days and be returned.

Where after the public security organs 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. Public security organs accepting collateral appeals or accusations shall promptly conduct an investigation and verify it, make a decision on handling it within 30 days of receiving the collateral appeal or accusation, and respond in writing.

Chapter VI: Handling State Employees Involved in Organized Crime

Article 54: Where during efforts to counter organized crime, public security organs discover that state employees are suspected of any of the situations provided for in paragraph 1 of article 50 of the PRC Organized Crime Law, they shall conduct a preliminary examination in accordance with their authority.

Where upon examination it is found to be within the jurisdiction of the public security organs, they shall fully investigate and make a disposition in accordance with law; and where it is not within the public security organs’ jurisdiction, they shall promptly transfer it to the competent organs.

Article 55: Police engaging in efforts to counter organized crime in accordance with law must not have any of 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) Disclosing state secrets, commercial secrets and personal privacy in violation of rules;

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

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

(6) Other conduct abusing professional powers, dereliction of duties, or improper conduct for personal gain.

Where violations of the provisions above constitute a crime, criminal responsibility is to be pursued in accordance with law; where a crime is not constituted, sanctions are to be given in accordance with rules and discipline.

Article 56: The public security organs shall strengthen cooperation with supervision organs, people's courts, people's procuratorates, and judicial-administrative organs, establishing communication mechanisms for handling leads.

In major and complex cases of state employees involved in organized crime, the public security organs may consult with the supervision organs and people's procuratorates to concurrently open cases and investigate, and, as needed to handle the case, transfer related evidence and share relevant information in accordance with law, ensuring that case facts are fully ascertained.

Article 57: After public security organs receive reports on police engaging in efforts to counter organized crime, they shall handle them cautiously, addressing them in accordance with discipline and law, to prevent criminal suspects or defendants and others from using reports to disrupt case handling or taking revenge.

Where methods such as reporting are used to distort the facts or falsely accuse police 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 police’s reputations restored, to eliminate the negative impact.

Chapter VII: International Cooperation

Article 58: Public security organs are to carry out cooperation on countering organized crime with other nations, regions, and international organizations based on international agreements concluded or participated in by the PRC, or in accordance with the principle of reciprocity,

Article 59: As authorized by the State Council, the Ministry of Public Security is to represent the Chinese government in intelligence information exchanges and law-enforcement cooperation on organized crime with foreign governments and relevant international organizations.

In accordance with relevant laws, the Ministry of Public Security is to use means such as promoting the conclusion of treaties and the conclusion of cooperative policing agreements to strengthen cross-border police cooperation against organized crime, and promote the establishment of cooperative policing mechanisms with relevant states, regions, and international organizations.

With the approval of the Ministry of Public Security, 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 60: Materials acquired through cross-border criminal justice assistance and policing 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.

Article 61: Other matters on public security organs carrying out cross-border international cooperation to counter organized crime, and the specific procedures, and to be handled in accordance with relevant laws and provisions such as the Provisions on Public Security Organs’ Procedures for Handling Criminal Cases.

Chapter VIII: Safeguard Measures

Article 62: Public security organs shall provide necessary organizational, institutional, and material safeguards for efforts to counter organized crime.

Article 63: The public security organs shall establish and complete professional forces for countering organized crime, strengthening the cultivation and use of core personnel, establishing normalized dedicated teams for countering organized crime and platforms for handling intelligence and leads, to ensure that all levels of public security organ have dedicated teams for countering organized crime that have sufficient numbers, are well-equipped, and up to the task.

Article 64: Public security organs shall strengthen the establishment of professional teams for countering organized crime, and establish and complete mechanisms for their selection, cultivation, and use.

Public security organs shall include special training on countering organized crime in annual education and training plans.

Article 65: All levels of public security organs shall include the costs of efforts to counter organized crime in the unit’s annual budgets and provide safeguards.

Article 66: 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 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) Prohibit specified persons from approaching the protected person;

(3) Adopt special measures to protect their person and residence;

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

(5) Other necessary protective measures.

Where the protective measures provided for in item (4) of the preceding paragraph are employed, the Ministry of Public Security is to approve and organize the implementation.

When the case is transferred for review for indictment, the circumstances of protective measures shall also be transferred to the people's procuratorate.

Article 67: Where public security organs discover that witnesses or their families face threats to their physical safety as a result of giving testimony, or where witnesses request protection from the public security organs, and after an assessment the public security organs find that it is necessary to employ protective measures, they shall draft a witness protection report and send it to the person responsible for a public security organ at the county level or above for approval and implementation.

Where people's courts and people's procuratorates decide to employ the protective measures provided for in items (2), (3) of the second paragraph of article 66, a public security organ at the county level or above is to implement them on the basis of the people's court’s or people's procuratorate’s decision document, and promptly notify the decision-making organ of the enforcement situation. When necessary, the people's courts or people's procuratorates may be requested to assist in the implementation.

Article 68: Where persons who carried out organized crimes cooperate with investigation, indictment, and trial work, etc., and have any of the circumstances provided for in the first paragraph of article 33 of the PRC Organized Crime Law, playing an important role in breaking the case or clarifying case facts, or have other major meritorious contributions, protective measures may be implemented with reference to those for witnesses.

Article 69: Protective measures such as personal protections and prohibitions on contact with certain persons may be employed for police handling organized crime cases and their families.

Article 70: The Provisions on Public Security Procedures for Handling Criminal Cases apply to public security organs implementation of other protective measure items for witnesses.

All levels of public security organ may consider the actual conditions in the corresponding area to organize specialized witness protection forces and set up secure venues for witness protection.

Chapter IX: Legal Responsibility

Article 71: Public security organs carrying out efforts to counter organized crime are to pursue the corresponding legal responsibility of organizations and individuals with conduct violating the PRC Organized Crime Law.

Article 72: Where the conduct listed in article 69 of the PRC Organized Crime Law is carried out, the jurisdiction of the case is to be determined in accordance with the Provisions on Public Security Organ’s Procedures for Handling Administrative Cases.

Where the conduct provided for in item (1) of article 69 of the PRC Organized Crime Law is carried out, jurisdiction may also be with public security organs that caught them.

Where the related illegal conduct is discovered in the course of investigating organized crime, the public security organ responsible for investigating the organized crime may also take jurisdiction.

Article 73: The public security organs receiving that receive a report are to have jurisdiction over administrative punishments provided for in article 70 of the PRC Organized Crime Law.

Article 74: The public security organs for the location of financial institutions and other relevant units is to have jurisdiction over administrative punishments provided for in article 71 of the PRC Organized Crime Law, and the public security organs responsible for investigating the organized crime may also take jurisdiction.

Article 75: Where public security organs investigating organized crime request that relevant state organs or industry regulatory departments cooperate in related efforts or provide evidence, and the relevant state organs or industry regulatory departments do not cooperate without legitimate reason, it is to be reported up to the higher-level public security organs to notify the organ at the level above in writing.

Chapter X: Supplemental Provisions

Article 76: These Provisions are to take effect from October 1, 2022.

 

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