Title: Several rules on protections and rewards for reporters of crimes abusing public office Promulgating Entities: the Supreme People's Procuratorate, Ministry of Public Security, Ministry of Finance Reference number: Promulgation Date: 2016-3-30 Expiration date: Source of text: http://news.jcrb.com/jxsw/201604/t20160408_1604618.html
Several rules on protections and rewards for reporters of crimes abusing public office
To all provincial, autonomous region, or directly governed municipality's people's procuratorates, public security department (bureau), finance department (bureau); the military procuratorate for the people's liberation army, the defense department of the Central Military Commission's politics and law committee; the Logistics Support Department of the Central Military Commission; and the people's procuratorate, public security bureau and finance bureau for the Xinjiang Production and Construction Corps:
So as to preserve the lawful rights and interests of whistle-blowers and to encourage individuals and units to lawfully report crimes abusing public office, the Supreme People's Procuratorate, Ministry of Public Security and Ministry of Finance hereby jointly release these "Several rules on protections and rewards for reporters of crimes abusing public office" (hereinafter 'Rules'), having already been reviewed by the central leading group on comprehensive deepening of reform and approved by the comrades of the central leadership; please earnestly implement them in light of actual conditions.
I. Truly follow the the national leadership's requirements, to unify thinking and raise awareness
Reporting work is an important segment of investigating and handling crimes involving abuse of public office that relies on the masses, and is also an important component of the struggle against corruption. Establishing and perfecting the system to protect and encourage individuals to report on crimes involving abuse of public office is an implementation of the spirit of the Party's 18th National Congress and the Third, Fourth, and Fifth Plenary Sessions, establishes the important content of the system to punish and prevent corruption, facilitates the improved mobilization and protection of the zeal of the masses, directly relates to the continued promotion of a healthy atmosphere for the whole society, directly relates to the deepened promotion of the struggle against corruption, and directly relates to the respect for law and the image of the Party and the nation. Each relevant unit must fully recognize the important meaning of establishing this system, and must earnestly unify recognition and action to rise to meet the requirements of the central departments and enthusiastically comply and cooperate. The inspection organs must, in coordination with the discipline inspection, public security, and finance units, continuously innovate ways of thinking, improve methods, perfect mechanisms, expand functions, and take steps to better perform work to protect and encourage individuals reporting on crimes involving abuse of public office; public security organs must assist procuratorate organs to better perform reporter protection work, implement safeguards to protect the identities and assets of reporters and their family members; finance organs must strengthen the safeguarding and support of funds involved in the work to encourage reporters.
II. Take firm hold of the Rule's implementation, strictly carrying out all systems for the protection and reward of whistle-blowers
《规定》对“打击报复”的具体情形、举报人保护工作的分工、保密措施、保护措施等作出了详细的规定,明确了举报奖励的范围、奖励金额及其保障、加强对奖励工作的监督等,各相关单位要认真学习领会,准确把握《规定》的各项具体要求。 要切实做好对职务犯罪举报人信息的保密工作,细化对举报人及其近亲属的保护措施。 举报人及其近亲属人身、财产安全受到威胁的,应当采取禁止特定人员接触举报人及其近亲属,对举报人及其近亲属人身、财产和住宅采取专门性保护措施等。 要严格责任追究,对相关人员违反保密规定和对举报人保护不力的,依纪依法追究责任。 要落实和完善举报奖励制度,充分调动人民群众的举报积极性。 同时,要加强对举报奖励工作的监督,对截留、侵占、私分、挪用举报奖励资金,或者违反规定发放举报奖励资金的单位和个人,依法追究责任。
III. Actively prevent and sternly resolve attacks and retribution against whistle-blowers.
一是要注重对举报人的事前保护。 对有证据表明举报人及其近亲属可能会遭受单位负责人利用职权或者影响打击报复的,人民检察院应当要求相关单位或者个人作出解释或说明。 应当给予组织处理或者纪律处分的,人民检察院可以将相关证据等材料移送组织部门和纪检监察机关,由组织部门和纪检监察机关依照有关规定处理。 二是要严肃处理对举报人的打击报复行为。 对打击报复或者指使他人打击报复举报人及其近亲属的行为,依纪依法给予处分;构成违反治安管理行为的,依法给予治安管理处罚;构成犯罪的,依法追究刑事责任。 举报人及其近亲属因受打击报复,造成人身伤害、名誉损害或者财产损失的,应当支持其依法提出赔偿请求。
The circumstances and issues encountered by each relevant unit in implementing the "Rules" should be promptly reported.
Supreme People's Procuratorate, Ministry of Public Security, Ministry of Finance
Article 1: These rules are formulated on the basis of the relevant provisions of the Constitution and Criminal Procedure Law of the People's Republic of China, together with actual judicial conditions, so as to preserve the lawful rights and interests of whistle-blowers and to encourage individuals and units to lawfully report crimes abusing public office,
Article 2: Individuals and units are encouraged to lawfully report crimes abusing public office using their real names.
Real name reports are those using the true and complete name or title of a unit, having a specific contact method, and recognized reported conduct.
Article 3: People's procuratorates, public security organs, and finance departments shall closely cooperate, jointly completing efforts to protect and reward whistle-blowers.
Article 4: Where any individual or unit lawfully reports crimes abusing public office to a people's procuratorate, their lawful rights and interests receive legal protection. People's procuratorates must keep the content of reports and the whistle-blowers; information strictly confidential.
Article 5: People's procuratorate shall employ the following measures to protect the confidentiality of reports on crimes abusing public office:
(1) Specially-designated persons shall be responsible for receiving reports, reporting shall occur in specially designated locations or through specially designated websites or phone numbers, and unrelated personnel must not be present.
(2) Reported clues shall be recorded by specially designated persons in dedicated computers, with strict password management. Designated computers shall be physically segregated from the internet. Without the approval of the chief procurator, other personnel must not review it.
(3) reported materials shall be saved in a location suitable for preserving confidentiality, and unrelated personnel must not enter.
(4) When reporting leads to the chief procurator, the relevant materials shall be in a sealed envelope with a classification number, for the chief procurator to open themselves.
(5) The disclosure of report contents and whistle-blowers' names, addresses, phone numbers and other personal information is strictly prohibited, and it is strictly forbidden to transfer report materials to the individual or unit that is the subject of the report.
(6) When investigating and verifying situations, the presentation of original report materials or reproductions is strictly prohibited; and except as necessary for investigative work and with the permission of the chief procurator, it is prohibited to perform handwriting analysis on anonymous reports.
(7) When the special reporting website is used to contact or respond to whistle-blowers, the password received by a whistle-blower at the time they made their report shall be verified and the specific content of the report must not be touched upon in the reply.
(8) Other confidentiality measures that shall be employed.
Article 6: After people's procuratorates receive real name reports, they shall follow relevant provisions make a comprehensive assessment and determination of the risk level based on the the risks that might occur and their nature, extent and impact; and make a protection plan for the whistle-blowers based on that risk level.
In the court of cases handling, people's procuratorates shall promptly adjust the risk level based on changes in the actual circumstances.
Article 7: The following circumstances are considered retaliatory attacks against whistle-blowers:
(1) Infringing on the safety of a whisteblower or their close relatives through the use of violence, threats, or illegal restrictions to one's personal freedom;
(2) Illegally possessing or destroying the property of a whistle-blower or their close relatives;
(3) Framing or entrapping a whistle-blower or their close relatives;
(4) Slandering or defaming a whistle-blower or their close relatives;
(5) Firing, dismissing, or removing (as an employee) a whistle-blower or their close relative in violation of the rules and regulations;
(6) Blatantly or covertly docking the salary, bonuses, or other benefits or compensation of whistle-blowers or their close relatives;
(7) Rendering Party or governmental disciplinary action against a whistle-blower or their close relatives without cause, or intentionally increasing the severity of disciplinary action against a whistle-blower or their close relative in violation of rules and regulations;
(8) Obstructing or suppressing opportunities for promotion, job planning, and performance evaluations for a whistle-blower or their close relatives;
(9) Rejecting or delaying a reasonable application submitted by a whistle-blower or their close relatives that should be approved;
(10) Other conduct that infringes on the legal rights of the whistle-blower or their close relatives.
Article 8: After a whistle-blower reports to the people's procuratorate using their real name, and they or their close relatives are retaliated against, or if they could suffer retaliation, where they request protection from the people's procuratorate, the people's procuratorate shall promptly conduct a verification and, according to different circumstances, adopt the following measures:
(1) Where whistle-blowers or their close relatives receive threats to their person, assets or residences, necessary protective measures shall be adopted in accordance with article 9 or these rules:
(2) Where whistle-blowers and their close relatives are mistakenly handled because they suffer retaliatory attacks, [the procuratorate] shall suggest that relevant departments make corrections;
(3) Where whistle-blowers and their close relatives suffer serious bodily harm or serious damage to their property as a result of retaliatory attacks, [the procuratorate] shall coordinate relevant departments to provide assistance according to regulations.
Where there is evidence showing that a whistle-blower or his/her close relatives may suffer retaliatory attacks from a responsible person at a unit who misuses his/her position or influence to do so, the peoples procuratorate shall require the relevant unit or individual to issue an explanation or statement. 应当给予组织处理或者纪律处分的,人民检察院可以将相关证据等材料移送组织部门和纪检监察机关,由组织部门和纪检监察机关依照有关规定处理。
Article 9: Where whistle-blowers and their close relatives receive threats to their person, assets or residences, the people's procuratorate shall employ one or more of the following protective measures:
(1) Prohibiting specified persons from having contact with the whistle-blowers as well as their close relatives;
(1) Prohibiting specified persons from having contact with the whistle-blowers as well as their close relatives;
(3) Other necessary protective measures.
Where people's procuratorate require public security organs to provide assistance in the course of carrying out protections for whistle-blowers, they shall handle it through discussion with the public security organs, and the public security organs shall assist within the scope of their duties.
Where whistle-blowers directly request protection from the public security organs and also need emergency measures to be adopted, the public security organs shall first employ emergency measures and promptly notify the people's procuratorate that received the report.
Article 10: Where whistle-blowers or their and close relatives suffer personal injury, reputational damage or loss of property due to retaliation, the people's procuratorates shall support their claims for compensation submitted in accordance with the law.
Article 11: 举报人确有必要在诉讼中作证,其本人及其近亲属因作证面临遭受打击报复危险的,人民检察院应当采取不公开真实姓名、住址和工作单位等个人信息的保护措施,可以在起诉书、询问笔录等法律文书、证据材料中使用化名代替举报人的个人信息,但是应当书面说明使用化名的情况并标明密级,单独成卷。
Where a whistle-blower receives a notification from a people's court to give evidence, and he/she and his/her close relatives are faced with a risk of suffering reprisal attacks, people's procuratorates shall suggest to people's courts that measures for the whistle-blower to appear in court be adopted such that their appearance, true voice etc. not be revealed.
Article 12: Those who make reprisal attacks upon or who direct others to make reprisal attacks upon those who have reported them to authorities or their close relatives, shall be punished according to law and to Party discipline; where the conduct constitutes a violation of public security administrative punishments it should be punished as such; where the conduct constitutes a crime, criminal responsibility shall be pursued.
Where criminal suspects, having been released upon bail pending further investigation or who are under residential surveillance and make retaliatory attacks upon, or direct others to make retaliatory attacks upon, persons who have reported them or their close relatives, the people's procuratorate shall (formally) arrest the criminal suspect. Before a decision to (formally) arrest, (a suspect) may first be detained.
Article 13: The whistle-blowing center at people's procuratorates shall coordinate implementation and coordination of whistle-blower protection work, investigation departments, public prosecutions departments, judicial police departments shall strengthen work coordination, and shall jointly work together to do protection work well.
Article 14: 举报线索经查证属实,被举报人构成犯罪的,应当对积极提供举报线索、协助侦破案件有功的实名举报人,按照国家有关规定给予一定的精神及物质奖励。
Where unit whistle-blowers make important contributions, they may be rewarded in accordance with the relevant State regulations. However, where the whistle-blower unit is the unit where the case occurred, factors such as that unit's actual circumstance and role in breaking the case shall be comprehensively considered in determining whether to give rewards.
Article 15: Rewards are given to persons whose reports make a contribution, in accordance with relevant national provisions. The methods of rewarding individuals are honors and rewards. Honors include issuing prize banners, certificates, medals, certificates and so on.
Where rewarding a unit for making a contribution by reporting, honors are generally used as the reward.
Article 16: The people's procuratorate makes decisions regarding awards for whistle-blowers.
Where a monetary reward is given, the people's procuratorate shall determine the amount of the reward on the basis of factors such as the nature of the crime reported, the circumstances and the value of the leads reported. The reward for each case will not usually exceed 200,000 RMB. Where a whistle-blower makes a major contribution, and upon approval from a provincial level procuratorate, rewards may of more than 200,000 RMB may be given, but must not exceed a maximum of 500,000 RMB. Where the contribution is especially large, and upon approval of the Supreme People's Procuratorate, the limits mentioned above are not applied.
Article 17: Where multiple people join together to report the same case, give one award per case, and the total amount given to whistle-blowers making a contribution must not exceed the upper limits provided in article 16 for each case.
Where multiple people consecutively report the same case, in principle reward the first whistle-blower or the whistle-blower that played the main role in breaking the case. Where the report materials provided by other whistle-blowers had a direct role in breaking the case, awards may be given in accordance with the circumstances.
Article 18: The giving of awards to whistle-blowers, shall generally be done after the relevant judgment or ruling has taken effect.
Where, pursuant to article 173, paragraph 2, of the Criminal Procedure Law of the People's Republic of China, the people's procuratorate makes a decision not to initiate a prosecution of the person identified by the whistle-blower, they may, according to the specific circumstances of the case, decide whether or not to give the whistle-blower a reward.
Article 19: Rewards may be applied for by whistle-blowers to the people's procuratorate's report center, and may also be decided on by the people's procuratorates in accordance with their powers.
Article 20: A list of persons and units to be given rewards, and the manner and amount of the reward, is to be comment on by the procuratorate report center and decided upon by the Chief Procurator.
Article 21: The people's procuratorate report center is responsible for disbursement of rewards. The report center may also use appropriate methods to notify the recipient of the reward to to collect it at a people's procuratorate or a place they find appropriate. Two or more procurators shall be present when rewards are disbursed.
Article 22: People's procuratorates make timely reports on the work of rewards for whistle-blowers to the public. Where disclosure of whistle-blowers' information is involved, the whistle-blowers consent shall be obtained.
Article 23: Where whistle-blowers who are eligible to receive rewards die, are declared dead or lose the capacity for conduct before they receive a reward, the people's procuratorates shall issue the reward to their heirs or their guardians.
Article 24: The funds for whistle-blowers' awards are entered into the budget and planned for by the finance departments.
Article 25: People's procuratorates shall strengthen oversight of efforts to award whistle-blowers. Where the reporting center, investigations department, public prosecution department, or the department of financial and equipment planning conduct in violation of provisions such as falsification in work on rewards, they shall report it to the chief procurator for corrections. Where higher level procuratorates discover that lower level procuratorates have situations violating the provisions, they shall make corrections.
Article 26: In any of the following situations, sanctions will be given in accordance with discipline and law to the persons directly in charge and other directly responsible personnel; where a crime is constituted, the judicial organs will pursue criminal responsibility in accordance with law.
(1) Where whistle-blowers' names, addresses, phone numbers, report contents, and so forth are intentionally or negligently disclosed, or where the whistle-blower materials are transferred to the subject of the report;
(2) Where a whistle-blower protection plan is to be drafted and protection measures adopted, but this was not done, leading to whistle-blowers or their close families suffering serious personal injury or great financial harms.
(2) Where cash rewards for whistle-blowing were held back, embezzled, privately divvied out, or misapropriated; or where cash rewards for whistle-blowing were issued in violation of rules.
Article 27: "Crimes abusing public office" as used in these provisions refers too state employees perpetrating crimes of corruption and bribery as provided for by Chapter VIII of the Specific Provisions of the Criminal Law, as well as other crimes in other Chapters for which it is clearly provided they are to be convicted and punished under the provisions of Chapter VIII, crimes of malfeasance of office provided for in Chapter IX of the specific provisions of the Criminal Law; crimes that infringe on citizen's personal rights, such as where personnel at state organs exploit their power to illegally detain, to extract confessions by torture, retaliate or illegally search; and also crimes infringing on citizens’ democratic rights.
Article 28: After individuals or units report discipline violations to disciplinary inspection organs and the case is transferred to the people's procuratorate for filing and investigation because it involves crimes abusing public office, protective measures for the whistle-blowers are applied in accordance with these provisions.
Article 29: These Rules are to take effect from the date of their release.