Anti-organized Crime Law of the People’s Republic of China

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Anti-organized Crime Law of the People’s Republic of China

 

(Adopted at the 32nd Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 24, 2021)

 

Contents

Chapter I General Provisions

Chapter II Prevention and Governance

Chapter III Case Handling

Chapter IV Identification and Disposition of Property Involved in a Case

Chapter V Dealing with State Functionaries Involved in Organized Crime

Chapter VI International Cooperation

Chapter VII Safeguard Measures

Chapter Ⅷ Legal Liability

Chapter Ⅸ Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted in accordance with the Constitution for the purposes of preventing and punishing organized crime, strengthening and regulating anti-organized crime work, safeguarding national security, social and economic order, and protecting the lawful rights and interests of citizens and organizations.

Article 2  For purposes of this Law, “organized crime” refers to the crime of forming, leading or participating in an organization of the gang nature as defined in Article 294 of the Criminal Law of the People’s Republic of China, or crimes committed by an organization of the gang nature or a vicious organization.

For purposes of this Law, “a vicious organization” means a criminal organization which frequently gathers its members to commit criminal or other illegal activities in a certain area or industry, using violence, threat or other means, perpetrates all kinds of evils, bullies and oppresses the people, disrupts social and economic order, and causes considerably bad social influence, but has not developed into an organization of the gang nature.

This Law is applicable to overseas criminal gangs that recruit members or commit crimes within the territory of the People’s Republic of China, or commit crimes against the People’s Republic of China or its citizens outside the territory of the People’s Republic of China.

Article 3 Anti-organized crime work shall adhere to the holistic view of national security, comprehensively adopt legal, economic, scientific and technological, cultural, educational and other means, and establish and improve working mechanisms as well as prevention and governance systems against organized crime.

Article 4  Anti-organized crime work shall adhere to a combination of specialized work and the mass line, and a combination of specialized governance and systematic governance. The work shall be combined with anti-corruption work and with the strengthening of organizations at the primary level, paying equal attention to punishment and prevention and dealing with both symptoms and root causes of organized crime.

Article 5 Anti-organized crime work shall be conducted in accordance with the law, while human rights being respected and protected, and the lawful rights and interests of citizens and organizations safeguarded.

Article 6 Supervisory organs, the people’s courts, the people’s procuratorates, public security organs, judicial administrative organs and other relevant state organs shall, in accordance with the division of duties, cooperate with each other and check each other to properly conduct anti-organized crime work in accordance with the law.

Relevant departments shall mobilize and rely on villagers’ committees, residents’ committees, enterprises, public institutions and social organizations to jointly conduct anti-organized crime work.

Article 7 Any entity or individual has the obligation to assist and cooperate with relevant departments in conducting anti-organized crime work.

The state protects entities and individuals who assist and cooperate in anti-organized crime work in accordance with the law.

Article 8 The state encourages entities and individuals to report organized crimes.

Entities and individuals that have reported organized crimes or have made outstanding contributions to anti-organized crime work shall be commended and rewarded in accordance with relevant regulations of the state.

 

Chapter Ⅱ Prevention and Governance

Article 9 The people’s governments and relevant departments at all levels shall, in accordance with the law, organize and carry out the prevention and governance of organized crime and include it in their evaluation systems.

Villagers’ committees and residents’ committees shall assist the people’s governments and relevant departments in the prevention and governance of organized crime.

Article 10 Departments responsible for the prevention and governance of organized crime shall carry out publicity and education against organized crime so as to enhance citizens’ awareness and ability to fight against organized crime.

Supervisory organs, the people’s courts, the people’s procuratorates, public security organs and judicial administrative organs shall carry out publicity and education against organized crime by promoting the law and interpreting the law with cases.

Entities providing news report, radio, television, cultural, and internet information services, etc., shall carry out targeted publicity and education against organized crime for the public.

Article 11 Administrative departments of education and schools shall, in conjunction with relevant departments, establish working mechanisms to prevent organized crime from penetrating the campuses, strengthen publicity and education against organized crime, increase students’ awareness against organized crime, and educate and guide them to consciously resist and protect themselves from organized crime.

Where a school discovers that an organized crime endangers a student’s personal or property safety or disrupts campus order and public order of surrounding areas, that an organized crime group develops new members among the students, or that a student participates in organized crime, the school shall, in a timely manner, put a stop to these activities, adopt preventive measures, and report to the public security organ and the administrative department of education.

Article 12 Civil affairs departments shall examine the qualifications of candidates for membership of villagers’ committees and residents’ committees in conjunction with supervisory organs, public security organs and other relevant departments. In case a candidate is found to have been subjected to criminal punishment for committing organized crime, the aforementioned departments or organs shall deal with the issue in a timely manner in accordance with relevant regulations, and they shall, upon discovering any clues to organized crime, report them to the public security organ.

Article 13 Relevant departments in charge of market regulation, financial regulation, natural resources, transport and other industries shall, in conjunction with public security organs, establish and improve long-term mechanisms for the prevention and governance of organized crime in these industries to monitor and analyze the situation of organized crime and to strengthen the supervision and administration of certain industries prone to organized crime.

Article 14 Supervisory organs, the people’s courts, the people’s procuratorates and public security organs may send written opinions and advice to the departments in charge of specific industries when they identify, in the course of handling cases, problems in the work of these departments concerning prevention and governance of organized crime. The departments in charge of relevant industries shall deal with such problems and provide written feedback in time.

Article 15 The public security organ may, in conjunction with relevant departments, determine the key areas, industries, or venues in prevention and governance of organized crime according to such crimes already committed in the local region.

Management entities of key areas, industries or venues shall take effective measures to strengthen management and report their work to public security organs in time.

Article 16 Telecommunication business operators and internet service providers shall perform their management obligations in network information security in accordance with the law and take relevant technical precautions to prevent the dissemination of information with contents advocating or inducing organized crime. Upon finding any such information, they shall immediately terminate its transmission, adopt measures including deletion of such information, keep the relevant records, report the situation to public security organs or other relevant departments, and provide technical support and assistance for public security organs to investigate organized crime in accordance with the law.

With respect to the information with contents advocating or inducing organized crime, the departments in charge of cyberspace administration, telecommunications, and public security shall, in accordance with the division of duties, give a timely order to relevant entities to terminate its transmission, delete the information or take other measures, or to remove relevant apps, shut down relevant websites, or end relevant services. The relevant entities shall immediately implement these orders, keep relevant records, and assist with the investigation. For such information originating from overseas on the internet, the departments in charge of telecommunications shall take technical measures to stop the dissemination in a timely manner.

Article 17 The anti-money laundering administrative department under the State Council and other relevant departments and institutions under the State Council shall prompt financial institutions and specific non-financial institutions to fulfill their anti-money laundering obligations. Upon discovery of a suspicious transaction that may involve organized crime, the relevant department in charge may conduct investigation in accordance with the law, and shall report the case to the public security organ in a timely manner if the suspicion of money laundering cannot be ruled out after investigation.

Article 18 Prisons, detention centers and community correction institutions shall take targeted supervisory, educational and corrective measures for criminals who committed organized crime.

When a criminal who committed organized crime is released after serving his sentence, the judicial administrative organ shall, in conjunction with relevant departments, implement necessary measures such as resettlement, assistance and education, so as to facilitate the criminal’s integration into the society.

Article 19 For a person sentenced to criminal punishment for forming or leading an organization of the gang nature, a public security organ at or above the level of cities divided into districts may decide that the person must report his personal property and daily activities to the public security organ in accordance with relevant state regulations from the day when the execution of punishment is completed. The reporting period shall not exceed five years.

Article 20 When an organizer or leader of an organization of the gang nature or a ringleader of a vicious organization, who was sentenced to criminal punishment runs an enterprise or serves as a senior manager in an enterprise, the departments in charge of relevant industries shall conduct examination in accordance with the law and strengthen supervision and administration of the enterprise’s business activities.

Article 21 The immigration control, customs, coast guard and other departments shall, in conjunction with public security organs, guard against the entry of overseas criminal gangs and prevent them from infiltrating or developing in China or conducting criminal and other illegal activities.

Organs issuing exit and entry documents and immigration control agencies have the authority to decide not to allow members of overseas criminal gangs to enter China, not to issue entry documents to them, or to declare their entry documents invalid.

The immigration control, customs, coast guard and other departments shall promptly notify public security organs of the entry of overseas criminal gang members after discovering their entry. Where relevant personnel are suspected of violating Chinese laws or possessing items related to organized crime, they shall be detained and dealt with in time in accordance with the law.

Chapter Ⅲ Case Handling

Article 22 The handling of cases of organized crime shall use facts as the basis, take the law as the criterion and apply the principle of tempering justice with mercy.

For organizers, leaders and key members of organized crime, the legal conditions shall be strictly complied with for granting bail, non-prosecution, probation, commutation, parole, or temporary serving of a sentence outside prison, and criminal punishment such as deprivation of political rights, confiscation of property, and fines shall be sternly meted out.

Suspects or defendants of organized crime who confess voluntarily and truthfully, admit the facts of the crime with which they are charged, and are willing to accept punishment, may be subjected to lenient treatment in accordance with the law.

Article 23 A crime committed via the internet and falls within the provisions of Article 2 of this Law shall be recognized as organized crime.

Activities, such as systematically harassing or pestering others, creating disturbances, or holding gatherings, may be considered as the means of perpetrating organized crime if they are carried out in order to obtain illegal profit or exert illegal influence, which impose psychological coercion against others, to the extent that the personal freedom of others is restricted, the personal and property safety is endangered, or the social or economic order is affected.

Article 24 Public security organs shall employ modern information technology in accordance with the law to establish mechanisms for collecting and assessing clues to organized crime, to handle the clues in a graded and classified way.

Upon receiving reports, accusations or information about organized crime, public security organs shall promptly conduct calculations, analysis, and assessment, or organize verification, or transfer them to competent organs for handling in accordance with the law.

Article 25 Where relevant state organs discover clues to or receive reports of organized crime while performing their duties, they shall transfer such clues to public security organs or other competent organs for handling in accordance with the law.

Article 26 Public security organs may adopt investigative measures in accordance with relevant state regulations when verifying clues to organized crime. Any relevant entity and individual shall provide information and materials truthfully as required by public security organs.

Article 27 A public security organ at or above the county level may, upon the approval of the relevant member of its leading group, inquire into a suspect’s deposits, remittance, bonds, stocks, fund shares and other property information when verifying clues to organized crime.

If, when verifying clues to a crime committed by an organization of the gang nature, a public security organ finds an imminent risk of destruction or transfer of property involved in the case, emergency measures such as emergency payment suspension, temporary freezing or temporary seizure may be applied upon the approval of the the relevant member of its leading group of the public security organ at or above the level of city divided into districts, and the emergency measures applied shall last no more than 48 hours. Once the time limit expires or the circumstances for applying emergency measures disappear, said emergency measures shall be terminated immediately.

Article 28 Where public security organs verify clues to organized crime and discover criminal facts or suspects, they shall file cases for investigation in accordance with the Criminal Procedure Law of People’s Republic of China.

Article 29 When handling cases of organized crime, public security organs may decide to employ exit restrictions against criminal suspects in accordance with the Exit and Entry Administration Law of the People’s Republic of China, and notify the immigration control agencies for implementation.

Article 30 As required by handling cases or maintaining regulatory order, measures such as non-local custody, separated custody or solitary custody may be employed for criminal suspects or defendants in cases of organized crime. In cases where non-local custody is employed, family members and defenders of criminal suspects or defendants shall be notified in accordance with the law.

Article 31 After a case is filed and as necessary for the investigation, a public security organ may employ technical investigative measures, implement controlled delivery or conduct investigation by personnel without revealing their identity, in accordance with the Criminal Procedure Law of People’s Republic of China.

Article 32 Where criminal suspects or defendants report or expose joint offenders in major crimes, or provide key clues or evidence that helps solve major criminal cases, their cases may be handled separately from that of other offenders, as handling these cases together might endanger the personal safety of themselves or their close relatives.

Article 33 In any of the following circumstances, where criminal suspects or defendants actively cooperate with investigation, prosecution and trial of cases of organized crime, a lenient punishment may be given to them, but shall be given on strict conditions to organizers or leaders of organized crime:

(1) providing important clues or evidence for ascertaining the structure of such organizations, as well as the roles and functions of their organizers, leaders and ringleaders;

(2) providing important clues or evidence for ascertaining major crimes committed by criminal organizations;

(3) providing important clues or evidence for investigating organized crime in which state functionaries are involved;

(4) assisting in recovering or confiscating illicit money and goods which have not yet been discovered or obtained by relevant authorities; and

(5) other circumstances of providing important clues or evidence for the investigation and handling of organized crime.

Where criminal suspects or defendants of cases involving organized crime groups are spared from prosecution or exempted from criminal punishment, they may, according to the different circumstances of each case, be reprimanded or ordered to make a statement of repentance or formal apology, make compensation for losses or be subject to administrative penalties or sanctions by competent departments.

Article 34 The property of organizers and leaders of an organization of the gang nature shall be confiscated in accordance with the law. On other members of the organization, fines or confiscation of property may be additionally imposed in accordance with the law, according to their position and role in the organization and the factors such as the number and nature of criminal and other illegal activities in which they have participated in, the amount of illegal gains, and the harms inflicted.

Article 35 Executing organs shall strictly supervise criminals of organized crime in accordance with the law.

When organizers and leaders of an organization of the gang nature or ringleaders of a vicious organization are sentenced to fixed-term imprisonment of more than 10 years, life imprisonment, or death penalty with a two-year reprieve, the sentence shall be executed non-locally in other provinces, autonomous regions, or municipalities directly under the central government.

Article 36 When organizers and leaders of an organization of the gang nature or ringleaders of a vicious organization who have been sentenced to fixed-term imprisonment of more than 10 years, life imprisonment, or death penalty with a two-year reprieve have their punishment commuted, the executing organs shall submit a commutation recommendation to the people’s courts for a ruling, following a review by the prison management organs in a province, autonomous region, or municipality directly under the central government.

The procedure prescribed in the preceding paragraph applies to the parole of organizers and leaders of an organization of the gang nature or ringleaders of a vicious organization.

Article 37 The people’s courts shall notify the people’s procuratorates and the executing organs to participate in the hearing of the cases regarding the commutation or parole of criminals of an organization of the gang nature, and notify the criminals who have been proposed for commutation or parole to appear in the hearing and present their opinions.

Article 38 When an executing organ submits a recommendation for commutation or parole and when the people’s court hears the commutation or parole case, full consideration shall be given to the criminal’s performance of property punishment in the effective judgment and cooperation with the disposition of property involved in the case, etc.

 

Chapter Ⅸ Identification and Disposition of Property Involved in a Case

Article 39 Property and documents discovered during handling cases of organized crime that may be used to prove a criminal suspect or defendant’s guilt or innocence shall be sealed up or seized in accordance with the law.

Public security organs, the people’s procuratorates and the people’s courts may, in accordance with the Criminal Procedure Law of the People’s Republic of China, inquire into or freeze a criminal suspect or defendant’s deposits, remittances, bonds, stocks, fund shares and other property. Relevant entities and individuals shall provide cooperation.

Article 40 In accordance with the needs of handling cases of organized crime, public security organs, the people’s procuratorates and the people’s courts may fully investigate the property of an organization and its members suspected of organized crime.

Article 41 The sealing, seizure, freezing and disposition of property involved in a case shall be conducted in strict accordance with legally prescribed requirements and procedures. The lawful property rights and interests of citizens and organizations shall be protected in accordance with the law. A strict distinction shall be made between illegal gains and lawful property, and between a person’s property and that of his family members. Negative impacts on an enterprise’s normal business operations shall be reduced. Irrelevant property shall not be sealed up, seized or frozen. The property found to be irrelevant to the case after review shall be released from sealing, seizure or freezing within three days and returned. A victim’s lawful property shall be returned in a timely manner.

Necessary living expenses and necessities shall be kept for a criminal suspect or defendant and the family members he supports when the property involved in the case is sealed, seized, or frozen.

Article 42 Public security organs may inquire about the information and data relating to organized crime of the administrative departments in charge of anti-money laundering, and request assistance in investigating suspicious transactions relating to organized crime. The administrative departments in charge of anti-money laundering shall cooperate and respond in a timely manner.

Article 43 Upon approval of the leading person of the public security organ, the people’s procuratorate, or the people’s court at or above the county level, the following sealed or seized property may be sold in advance, liquidated, or auctioned in accordance with the law, with the proceeds therefrom kept by the seizure or freezing organ and with criminal suspects, defendants or their close relatives informed in time:

(1) items that are easily damaged or lost, perishable, or otherwise unsuitable for long-term preservation;

(2) bills of exchange, promissory notes and checks that are about to expire; and

(3) property such as bonds, stocks, and fund shares, upon application by the rights holder(s), where the sale of which will not harm the interests of the state or the victim(s) and will not impact the normal progress of proceedings.

Article 44 Public security organs and the people’s procuratorates shall review and examine property involved in cases. When transferring cases for prosecution review or initiating public prosecutions, opinions shall be submitted regarding the disposition of the property involved in the cases.

During the trial of cases of organized crime, court investigation and debate shall be conducted on the facts and evidence relating to the nature and ownership of the property involved in the cases. The people’s courts shall make judgments in accordance with the law and dispose the property involved in the cases.

Article 45 The property illegally obtained by organized crime groups and their members, as well as the proceeds from said property, prohibited items, and the personal property used in the crime, shall be recovered or confiscated or have them restituted under an order in accordance with the law.

When property involved in a case that should be recovered or confiscated cannot be found, is lost, or is inseparably mixed with other lawful assets, other property of equal value or the equivalent part of the mixed assets may be recovered or confiscated.

For a defendant in a case of crime of the gang nature, his property obtained during the period the crime is committed, as well as the proceeds from the property shall be recovered or confiscated in accordance with the law, provided that the facts for conviction and sentencing of the defendant have been ascertained, that there is evidence showing a high probability that the property is obtained through the crime, and the defendant cannot demonstrate the lawful origin of the property.

Article 46 The property involved in a case that meets any of the following circumstances shall be recovered or confiscated in accordance with the law:

(1) the property provided to an organized crime group and its members to support or fund organized crime;

(2) the family property of a member of an organized crime group, which is actually used to support organized crime; and

(3) the property obtained through criminal and other illegal activities of an organized crime group and its members, as well as the proceeds from said property.

Article 47 When a suspect or defendant in a case related to crime of the gang nature flees and hides and cannot be brought to justice one year after a wanted bulletin was released or a criminal suspect or defendant is dead, and his illegal gains and other property involved in the case shall be recovered in accordance with the provisions of the Criminal Law of the People’s Republic of China, the case shall be handled in accordance with the procedure provided in the Criminal Procedure Law of the People’s Republic of China for confiscating illegal gains involved in a case where the criminal suspect or defendant flees, hides or is dead.

Article 48 Where supervisory organs, public security organs, or the people’s procuratorates discover money laundering activities related to organized crime, as well as other crimes such as the concealment of the illegal gains from such crimes or the proceeds from the illegal gains, they shall investigate these crimes in accordance with the law.

Article 49 When an interested party raises an objection to the sealing, seizure, freezing or disposition of property involved in a case, the relevant public security organ, the people’s procuratorate or the people’s court shall promptly verify the objection, hear the opinion of the interested party, and handle the issue in accordance with the law.

An interested party may raise complaints or accusations if not satisfied with the handling of property involved in a case by the public security organ, the people’s procuratorate, or the people’s court.

Chapter ⅤDealing with State Functionaries Involved in Organized Crime

Article 50 A state functionary who commits any of the following acts shall be subject to comprehensive investigation and be handled in accordance with the law:

(1) organizing, leading, or participating in organized crime;

(2) providing assistance to an organized crime group or its criminal activities;

(3) harboring an organized crime group or condoning organized crime;

(4) committing dereliction of duty when investigating and handling a case of organized crime;

(5) interfering in anti-organized crime work by taking advantage of his power or the influence of his position; and

(6) other illegal or criminal acts involving organized crime.

A state functionary who organizes, leads others to commit, or participates in organized crime shall be subject to heavier penalties in accordance with the law.

Article 51 Supervisory organs, the people’s courts, the people’s procuratorates, public security organs, and judicial administrative organs shall strengthen coordination and cooperation, establish clues handling and exchange mechanisms, and shall, when discover clues to suspected criminal or other illegal activities of state functionaries as specified in Article 50 of this Law, handle the clues in accordance with the law or transfer them to competent organs in a timely manner.

Any entity or individual that discovers criminal or other illegal acts committed by a state functionary in relation to organized crime shall have the right to file reports, accusations, or information to the relevant departments such as the supervisory organ, the people’s procuratorate, and the public security organ. Relevant departments shall handle the received reports, accusations, or information in a timely manner.

Article 52 State functionaries who investigate and handle cases of organized crime in accordance with the law or support or assist in the investigation and handling of cases of organized crime within their responsibilities shall not commit the following acts:

(1) declining to accept reports, accusations, or information, refusing to report or to truthfully report criminal information or clues discovered, or without approval or authorization disposing of or failing to transfer clues to crimes or materials involved in cases;

(2) tipping violators and offenders off or obstructing the investigation of cases;

(3) handling cases in violation of the facts and laws;

(4) in violation of regulations, sealing, seizing, freezing, or disposing of property involved in cases;

(5) other acts related to abuse of power, neglect of duty, and malpractice for private gains.

Article 53 Upon receiving information against law enforcement or judicial officials who are in charge of anti-organized crime work, relevant organs shall handle the information in accordance with the law, and prevent criminal suspects or defendants, among others, from using the information to obstruct case handling and retaliate.

Those who distort facts or make untrue statements and falsely accuse law enforcement or judicial officials in charge of anti-organized crime work by filing information or any other means shall be held liable in accordance with the law; where adverse effects are inflicted, actions shall be taken in a timely manner in accordance with regulations to clarify the fact, restore reputation and eliminate adverse effects.

 

Chapter Ⅵ International Cooperation

Article 54 The People’s Republic of China shall cooperate in anti-organized crime work with other countries, regions, and international organizations in accordance with the international treaties it has concluded or acceded to or based on the principle of equality and reciprocity.

Article 55 Relevant departments of the State Council shall, upon the authorization of the State Council, represent the Chinese government to conduct anti-organized crime information exchange and law enforcement cooperation with foreign governments and relevant international organizations.

The department of public security of the State Council shall strengthen cross-border anti-organized crime police cooperation and promote the establishment of police cooperation mechanisms with relevant countries and regions. With the approval of the department of public security of the State Council, public security organs in border areas may establish cross-border organized crime information exchange and police cooperation mechanisms with law enforcement agencies in neighboring countries or regions.

Article 56 The criminal judicial assistance and extradition involving organized crime shall be conducted in accordance with the provisions of relevant laws.

Article 57 The materials obtained through international cooperation in anti-organized crime work may be used as evidence in administrative penalties and criminal proceedings, except as otherwise provided by treaties or the undertakings of China.

 

Chapter Ⅶ Safeguard Measures

Article 58 The state shall provide necessary organizational, institutional, and material safeguards for anti-organized crime work.

Article 59 Public security organs and relevant departments shall, within their responsibilities, establish and improve professional anti-organized crime forces, strengthen the building of talent teams and professional training, and enhance the ability of combating organized crime.

Article 60 The State Council and local people’s governments at or above the county level shall, in accordance with the division of duties, include the funds for anti-organized crime work in the government fiscal budget at the same level.

Article 61 Where the personal safety of a person or the person’s close relatives is in danger because the person has reported, accused others of, or acted to stop organized crimes, or testified in cases of organized crime, the relevant public security organ, the people’s procuratorate, and the people’s court shall adopt one or more of the following protective measures in accordance with relevant regulations:

(1) keeping confidential the real name, address, employer and other personal information;

(2) adopting specific measures of testifying in court which avoid exposing the actual appearance, true voice, and other information;

(3) prohibiting certain persons from having contacts with those under protection;

(4) adopting special protective measures to protect their personal safety and residential security;

(5) changing the identity of those under protection and rearranging residence and employment; and

(6) other necessary protective measures.

Article 62 The protective measures specified in Subparagraphs (3) and (4) of Article 61 of this Law shall be implemented by public security organs. If the identity of the protected person needs to be changed according to the Subparagraph (5) of Article 61 of this Law, the department of public security of the State Council shall grant approval and organize implementation.

Where public security organs, the people’s procuratorates, and the people’s courts take protective measures in accordance with the law, relevant entities and individuals shall provide cooperation.

Article 63 Where a person who committed organized crime cooperates in investigation, prosecution, trial, and other work and plays an important role in cracking a case or ascertaining the facts of a case, the provisions on witness protection shall apply, mutatis mutandis, to the person.

Article 64 For law enforcement and judicial officials handling cases of organized crime and their close relatives, protective measures may be adopted, such as personal protection and the prohibition of certain persons from having contacts with them.

Article 65 Persons who are injured or disabled or die because of performing their anti-organized crime duties, or assisting or cooperating with relevant departments in anti-organized crime work shall be provided with corresponding benefits in accordance with the relevant regulations of the state.

Chapter Ⅷ Legal Liability

Article 66 Those who form, lead, or participate in an organization of the gang nature, state functionaries who harbor or condone such an organization, and organizations of the gang nature or vicious organizations which commit crimes shall be held criminally liable in accordance with the law.

The members of an overseas criminal gang who recruit new members and commit crimes in the territory of the People’s Republic of China or commit crimes against the People’s Republic of China or its citizens outside the territory of the People’s Republic of China shall be held criminally liable in accordance with the law.

Article 67 Those who recruit minors into a domestic organization of the gang nature or an overseas criminal gang, instigate or induce minors to commit organized crime, or who commit organized crime against the lawful rights and interests of minors shall be held criminally liable and given a heavier punishment in accordance with the law.

Article 68 For criminals of organized crime, the people’s courts may prohibit them from engaging in relevant occupations in accordance with the provisions of the Criminal Law of the People’s Republic of China on the prohibition from employment and notify the departments in charge of relevant industries.

Article 69 Where there is any of the following circumstances which is not criminally punishable, public security organs shall impose administrative detention for not less than five days nor more than ten days, and may in addition impose a fine of not more than RMB 10,000 yuan; or, if the circumstances are more serious, impose detention for not less than 10 days nor more than 15 days, in addition to a fine of not less than RMB 10,000 yuan nor more than RMB 30,000 yuan; and confiscate illegal gains, if any, other than those that shall be returned to victims in accordance with the law:

(1) participating in an overseas criminal gang;

(2) actively participating in a vicious organization;

(3) instigating or inducing others to participate in organized crime groups, or preventing others from withdrawing from such groups;

(4) providing funds, venues, and other support, assistance, and convenience for organized crime; and

(5) preventing others from informing on or exposing organized crime or from providing evidence of organized crime, or with knowledge that others commit organized crime, refusing to provide the relevant information or evidence when judicial organs investigate the relevant circumstances or collect the relevant evidence.

Those who instigate or induce minors to participate in organized crime groups or prevent minors from withdrawing from organized crime groups, if not criminally punishable, shall be subject to heavier penalties in accordance with the provisions of the preceding paragraph.

Article 70 Those who, in violation of Article 19 of this Law, fail to truthfully report personal property and daily activities according to the decisions of public security organs, shall be given a warning and ordered to take corrective actions by the public security organs; and those who refuse to take corrective actions shall be detained for not less than five days nor more than ten days, in addition to a fine of not more than RMB 30,000 yuan.

Article 71 Where financial institutions and other relevant entities fail to assist public security organs in taking emergency payment suspension or temporary freezing measures in accordance with Article 27 of this Law, they shall be ordered to take corrective actions by the public security organs; if they refuse to take corrective actions, they shall be fined not less than RMB 50,000 yuan nor more than RMB 200,000 yuan, and the directly liable person in charge and other directly liable persons shall be fined not more than RMB 50,000 yuan by the public security organs; and if the circumstances are serious, the public security organs may recommend that the relevant departments in charge discipline the directly liable person in charge and other directly liable persons in accordance with the law.

Article 72 Where telecommunication business operators and internet service providers fall under any of the following circumstances, they shall be ordered to take corrective actions by the relevant departments in charge; and if they refuse to take corrective actions, or the circumstances are serious, the relevant departments in charge shall impose penalties in accordance with relevant provisions of the Cyber Security Law of the People’s Republic of China

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

(2) failing to adopt measures such as terminating the transmission of information containing contents that advocate or induce organized crime or deleting such information, or failing to keep relevant records as required by the departments in charge.

Article 73 Where relevant state organs or the departments in charge of specific industries refuse to perform or delay the performance of their statutory duties to combat organized crime, or refuse to cooperate with anti-organized crime investigation and evidence collection, or abuse relevant anti-organized crime measures in other work, authorities at the higher level shall order them to take corrective actions; if the circumstances are serious, the directly liable person in charge and other directly liable persons shall be disciplined in accordance with the law; and if their acts are criminally punishable, the offenders shall be held criminally liable in accordance with the law.

Article 74 Relevant departments, entities, and individuals shall keep confidential the state secrets, trade secrets, and personal privacy which come to their knowledge in the course of anti-organized crime work. Those who divulge state secrets, trade secrets, or personal privacy in violation of relevant provisions shall be held legally liable in accordance with the law.

Article 75 A state functionary who commits any of the acts as prescribed in Articles 50 and 52 of this Law shall, in accordance with the law, be held criminally liable, or be disciplined if the act is not criminally punishable.

Article 76 Any entity or individual who is dissatisfied with the decisions on administrative penalties or administrative compulsory measures imposed in accordance with this Law may apply for administrative reconsideration or file an administrative litigation in accordance with the law.

 

Chapter Ⅸ Supplementary Provision

Article 77 This Law shall come into force on May 1, 2022.

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