The Anti-Organized Crime Law of the People's Republic of China consists of nine chapters and 77 articles, including chapters on general provisions, prevention and governance, case handling, identification and disposition of assets involved in cases, handling of organized crime involving state functionaries, and international cooperation. The Anti-Organized Crime Law systematically summarizes the practical experience of the special struggle to clear away organized crime and eliminate vice, ensuring that efforts to clear away organized crime and eliminate vice are carried out on a regular basis on the track of the rule of law.
Let's dive into the Anti-Organized Crime Law Xi!
Xi point one
Clarify the concepts of organized crime and malign force organizations
What is Organized Crime?Article 294 of the Criminal Law of the People's Republic of China provides for organizing, leading, or participating in crimes of a criminal nature, as well as crimes carried out by organizations of a criminal nature or malign forces. (Article 2).
What is a malign organization?Frequently gathered together, using violence, threats or other means, to carry out illegal and criminal activities in a certain region or industry for many times, to do evil, to oppress the masses, to disrupt social order and economic order, causing a relatively bad social impact, but has not yet formed a criminal organization of a very bad nature. (Article 2).What is soft violence?Where, in order to obtain illegal benefits or form an illegal influence, organized nuisance, pestering, ruckaging, gathering crowds to create momentum, and so forth, to form psychological coercion on others, sufficient to restrict personal freedom, endanger the safety of persons and property, or impact normal social or economic order, it may be found to be a criminal method of organized crime. (Article 23).
Learning Xi point 2
Strike hard and severely punish underworld crimes
Strictly punish the use of networks to commit organized crime in accordance with law;Employ different measures for persons involved in underworld crimes than for ordinary criminals.
The Internet is not a place outside the law!Where crimes carried out through the use of networks meet the requirements of article 2 of this Law, they shall be found to be organized crimes. (Article 23).Exit restrictions are restricted!Public security organs handling organized crime cases may decide to employ measures restricting criminal suspects from leaving the country, and notify the immigration management bodies to enforce them. (Article 29).Strict according to law!The requirements for the application of release on guarantee, non-prosecution, suspended sentences, commutation, parole, and temporary service of sentence outside of prison shall be strictly grasped for organized crime organizers, leaders, and core members, and punishments such as deprivation of political rights, confiscation of property, and fines shall be fully applied. (Article 22).A means of detention that is different from ordinary crimes!Measures such as detaining criminal suspects or defendants in organized crime cases may be employed such as detention, separate detention, or solitary detention. (Article 30).Execution in other places, prudent commutation and parole!Where the organizers or leaders of a criminal organization, or the ringleader of a malign forces organization, are sentenced to 10 or more years imprisonment, indefinite imprisonment, or a death sentence with a two-year suspension, the punishment shall be enforced across provinces, autonomous regions, or directly governed municipalities. Where commutation or parole is required, it shall be reported to the provincial-level prison management organ for review and then submitted to the people's court for a ruling, and when the court hears the case, the procuratorate or enforcement organ shall be notified to participate in the trial. (Section.)
Three. Ten. Five, thirty.
6. 37).
Learning Xi point 3.
"Fight for wealth and cut off blood" to eradicate the economic foundation of underworld and evil forces
Comprehensively investigate, freeze, recover, and confiscate assets related to underworld crimes. Strengthen the intensity of anti-money laundering, and the public security organs and relevant departments will work together to crack down on suspected money laundering activities in crimes related to organized crime and vice. Full investigation of the propertyAs needed for handling cases, public security organs, people's procuratorates, and people's courts may comprehensively investigate the assets of organizations suspected of organized crime and their members. Inquire and freeze deposits, remittances, bonds, **shares and other assets. Some special assets may be first realized, sold, or auctioned in accordance with the law after legal procedures. Where the facts of the conviction or sentencing are clear, the evidence is credible and sufficient, and it cannot be explained that the property is lawful, it shall be recovered or confiscated in accordance with law. (Section.)
Three. Ten. Nine, forty, four.
Ten. 3. Article 45).The public security organs and relevant departments have worked together to strengthen anti-money laundering effortsThe administrative department in charge of anti-money laundering and other relevant departments and institutions shall supervise and urge financial institutions and specific non-financial institutions to perform their anti-money laundering obligations. Where suspicious transaction activities related to organized crime are discovered, the relevant competent departments may conduct an investigation in accordance with law, and where the suspicion of money laundering cannot be ruled out after investigation, they shall promptly report the case to the public security organs. (Article 17) Public security organs may make inquiries into information and data related to organized crime to the administrative departments in charge of anti-money laundering, and request assistance in the investigation of suspicious transactions related to organized crime, and the administrative departments in charge of countering money laundering shall cooperate and promptly reply. (Article 42).
Learning Xi point 4.
Dig deep into the "protective umbrella" of underworld and evil forces, and strictly prevent underworld and evil forces from infiltrating the grassroots
Guarantee "breaking the umbrella and breaking the net".Article 50: Where state employees exhibit the following conduct, a comprehensive investigation shall be conducted:
1) Organizing, leading, or participating in organized crime activities;
2) Providing assistance to organized crime organizations and their criminal activities;
3) Harboring organized crime organizations or conniving at organized crime activities;
4) Dereliction of duty in the investigation and handling of organized crime cases;
5) Using authority or the influence of one's position to interfere with efforts to counter organized crime;(6) Other illegal or criminal conduct involving organized crime. Where state employees organize, lead, or participate in organized crime, they shall be given a heavier punishment in accordance with law.
Joint review mechanism in the general election of grassroots mass autonomous organizationsThe civil affairs departments, in conjunction with the supervision organs, public security organs, and other relevant departments, shall conduct a review of the qualifications of candidates for membership of villagers' committees and residents' committees, and where it is discovered that they have received criminal punishment for committing organized crime, they shall promptly make a disposition in accordance with relevant provisions;Where leads on organized crime are discovered, they shall promptly report to the public security organs. (Article 12).
Learning Xi point 5.
Protect the legitimate rights and interests of relevant personnel
The plea leniency system is still to be applied to underworld criminals;Protect the personal safety of whistleblowers, accusers, and witnesses. Plea leniency system!Where criminal suspects or defendants in organized crime voluntarily and truthfully confess their own crimes, admit the facts of the crime as charged, and are willing to accept punishment, they may be given a lenient disposition in accordance with law. (Article 22).Protect the personal safety of whistleblowers, accusers, witnesses and other relevant personnel!Article 61: Public security organs, people's procuratorates, and people's courts shall follow relevant provisions to employ one or more of the following protective measures to protect the physical safety of informants, accusers, witnesses, and other relevant persons: (1) Not disclosing personal information;(2) Measures such as not revealing their appearance or true voice to testify in court;(3) Prohibiting contact with specific persons;(4) Specialized protection of persons and residences;(5) Change of status, rearrangement of residence and work unit;(6) Other necessary protective measures.
Learning Xi point 6.
Prevent underworld forces from harming minors
Establish working mechanisms to prevent organized crime from encroaching on campusesAdministrative departments for education and schools, in conjunction with relevant departments, shall establish working mechanisms for preventing organized crime from encroaching on campuses, strengthening publicity and education on countering organized crime, increasing students' awareness of preventing organized crime, and educating and guiding students to conscientiously resist organized crime and prevent harms from organized crime. (Article 11).Developing juveniles to participate in crimes is to be punished heavilyWhere minors are recruited to participate in *** criminal organizations or foreign *** organizations, instigating or enticing minors to commit organized crime, or carrying out organized crime that infringes on the lawful rights and interests of minors, criminal responsibility is to be pursued heavily. (Article 67) Where instigating or enticing minors to participate in organized crime organizations, or preventing minors from leaving organized crime organizations, does not constitute a crime, heavier administrative punishments are to be given in accordance with law. (Article 69) (Planning Henan Provincial Party Committee Political and Legal Committee Propaganda Department Production Henan Legal Newspaper Drawing Zhang Jingyi Material ** Rule of Law**, Lufeng Today).