Xinhua News Agency, Beijing, August 14 - Decision of the State Council on Amending the "provisions of suspected criminal cases transferred to the administrative law enforcement agencies," the
The State Council decided to make the following amendments to the Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs:
1. One paragraph is added to Article 3 as the second paragraph: "In cases of violations in the field of intellectual property rights, administrative law enforcement agencies, based on the evidence collected through investigations and the facts of the case, believe that there is reasonable suspicion of a crime, and the public security agency needs to take further measures. If evidence is obtained to determine whether it meets the standards for filing a criminal case, it shall be transferred to the public security organ."
2. Amend the "administrative sanctions" in Articles 15, 16 and 17 to "discipline".
3. One article is added as Article 18: "Where relevant agencies have illegal acts listed in Article 15, Article 16, and Article 17 of these Regulations, and the supervisory agency needs to impose administrative sanctions on illegal public officials in accordance with the law, The agency and its superior authority or the relevant people’s government shall transfer clues to the relevant case to the supervisory agency for processing in accordance with relevant regulations."
4. Change Article 18 to Article 19 and amend it to read: "In the process of investigating and punishing illegal acts according to law, administrative law enforcement agencies discovered that public officials have committed corruption and bribery, neglect of duty, or use their powers to violate citizens' personal rights and democratic rights, etc. If an act is suspected of constituting an official crime, clues to the case shall be promptly transferred to the supervisory organ or the People’s Procuratorate for handling in accordance with the Criminal Law, Criminal Procedure Law, Supervision Law and other legal provisions."
This decision shall come into effect on the date of promulgation.
The "Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs" shall be revised accordingly and the article numbers shall be adjusted accordingly and re-announced according to this decision.
Provisions on the transfer of suspected criminal cases by administrative law enforcement agencies
(Promulgated by Order No. 310 of the State Council of the People's Republic of China on July 9, 2001, revised in accordance with the Decision of the State Council on Amending the Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs on August 7, 2020)
Article 1 In order to ensure that administrative law enforcement agencies transfer suspected criminal cases to public security agencies in a timely manner, punish crimes of disrupting the order of the socialist market economy, crimes of disrupting the order of social management, and other crimes in accordance with the law, and ensure the smooth progress of socialist construction, these regulations are formulated.
Article 2 The “administrative law enforcement agency” mentioned in these regulations refers to the administrative agency that has the power of administrative punishment for disrupting the order of the socialist market economy, disrupting the order of social management, and other illegal acts in accordance with laws, regulations or rules, as well as laws and regulations. Authorized organizations that have the function of managing public affairs and implement administrative penalties within the scope of legal authorization.
Article 3 In the process of investigating and punishing illegal acts in accordance with the law, the administrative law enforcement agency discovers the amount involved in the illegal facts, the circumstances of the illegal facts, and the consequences caused by the illegal facts. According to the Criminal Law, the crimes of disrupting the order of the socialist market economy and disrupting the order of social management, etc. The provisions on crimes and the judicial interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate on crimes of disrupting the order of the socialist market economy and crimes against social management order, as well as the Supreme People’s Procuratorate and the Ministry of Public Security’s prosecution standards for economic crimes, suspected of constituting a crime If it is necessary to pursue criminal responsibility in accordance with the law, it must be transferred to the public security organ in accordance with these regulations.
In the field of intellectual property violations, if the administrative law enforcement agency considers that there is a reasonable suspicion of a crime based on the evidence collected by the investigation and the facts of the case, the public security agency needs to take measures to obtain further evidence to determine whether it meets the standards for prosecution of criminal cases. Transfer by public security organs.
Article 4 During the process of investigating and punishing illegal acts, administrative law enforcement agencies must properly preserve the evidence collected related to illegal acts.
The administrative law enforcement agency shall truthfully fill in the list of the items involved in the case and deal with it in accordance with the relevant provisions of the state. For items involved in the case that are perishable, deteriorating, etc., which are not suitable or easy to keep, necessary measures shall be taken to retain evidence; for items involved in the case that need to be inspected and appraised, inspection and appraisal shall be carried out by a legal inspection and appraisal agency, and an inspection report shall be issued or Appraisal conclusion.
Article 5 The administrative law enforcement agency shall immediately designate two or more administrative law enforcement officers to form a special task force responsible for the suspected criminal case that should be transferred to the public security agency. After verifying the situation, it shall submit a written report on the transfer of the suspected criminal case and report to this Approval by the principal or the person in charge of the work.
The principal or the person in charge of the administrative law enforcement agency shall make a decision to approve or disapprove the transfer within 3 days from the date of receiving the report. If it is decided to approve, it shall be transferred to the public security organ at the same level within 24 hours; if it is decided not to approve, the reason for disapproval shall be recorded on the record.
Article 6 When an administrative law enforcement agency transfers a suspected criminal case to a public security agency, the following materials shall be attached:
(1) The transfer letter of suspected criminal case;
(2) Investigation report of the suspected criminal case;
(3) List of items involved in the case;
(4) Relevant inspection reports or appraisal conclusions;
(5) Other materials related to suspected crimes.
Article 7 The public security organ shall sign the return receipt of the suspected criminal case transfer form for the suspected criminal case transferred by the administrative law enforcement organ; among them, if it is not under the jurisdiction of this organ, it shall transfer it to the organ with jurisdiction within 24 hours, in writing Inform the administrative law enforcement agency that transferred the case.
Article 8: Public security organs shall, within 3 days from the date of accepting suspected criminal cases transferred by administrative law enforcement agencies, in accordance with the Criminal Law, Criminal Procedure Law and the Supreme People’s Court and the Supreme People’s Procuratorate on the standards for case filing and the Ministry of Public Security on the procedures for public security organs to handle criminal cases Provisions for review of transferred cases. If there are criminal facts that need to be investigated for criminal responsibility and the decision to file a case is determined in accordance with the law, the administrative law enforcement agency that transferred the case shall be notified in writing; if there are no criminal facts, or the criminal facts are significantly minor, there is no need to pursue criminal responsibility, and the case shall not be filed in accordance with the law. The reason and the administrative law enforcement agency that transferred the case shall be notified in writing, and the case file materials shall be returned accordingly.
Article 9: After the administrative law enforcement agency receives a notice from the public security agency not to file a case, if it believes that the public security agency should decide to file the case in accordance with the law, it may, within 3 days from the date of receiving the notice of not filing a case, submit a request to the public security agency for a decision not to file a case. The reconsideration of the agency may also suggest that the People's Procuratorate conduct case filing and supervision in accordance with the law.
The public security organ that made the decision not to open the case shall make a decision to open the case or not to open the case within 3 days from the date of receipt of the document submitted by the administrative law enforcement agency for reconsideration, and notify the administrative law enforcement agency that transferred the case in writing. If the administrative law enforcement agency that transferred the case still disagrees with the reconsideration decision of the public security agency not to file the case, it shall, within 3 days from the date of receiving the notice of the reconsideration decision, suggest that the People’s Procuratorate conduct case-filing supervision in accordance with the law.
Public security organs shall accept the supervision of case filing conducted by the People's Procuratorate according to law.
Article 10: The administrative law enforcement agency shall handle cases in which the public security agency decides not to file a case in accordance with law; among them, administrative penalties should be imposed in accordance with relevant laws, regulations or rules.
Article 11: Administrative law enforcement agencies shall not substitute administrative penalties for transfers of suspected criminal cases that should be transferred to public security agencies.
The administrative law enforcement agency has issued a warning before transferring a suspected criminal case to the public security agency, ordering the suspension of production and business, temporarily withholding or revoking the license, temporarily withholding or revoking the administrative penalty decision, and shall not stop execution.
In accordance with the provisions of the Administrative Punishment Law, if the administrative law enforcement agency has already imposed a fine on the party before transferring a suspected criminal case to the public security agency, when the people's court imposes a fine, the corresponding fine shall be offset according to law.
Article 12: The administrative law enforcement agency shall, within 3 days from the date of receipt of the case filing notice, hand over the items involved in the case and other materials related to the case to the public security agency and complete the handover procedures for the case that the public security agency decides to file a case; If the laws and regulations provide otherwise, follow those regulations.
Article 13 The public security organs, upon review, found that there is no criminal facts for the illegal acts discovered, or the facts of the crimes are found to be significantly minor after the case is filed for investigation, and there is no need to pursue criminal responsibility, but if administrative responsibility should be pursued in accordance with the law, the case should be promptly transferred to the same level Administrative law enforcement agencies and relevant administrative law enforcement agencies shall deal with it in accordance with the law.
Article 14 The transfer of suspected criminal cases by administrative law enforcement agencies shall be subject to supervision by the People’s Procuratorate and supervisory agencies according to law.
Any unit or individual who should transfer a suspected criminal case to the public security agency for violation of these regulations by an administrative law enforcement agency has the right to report to the people’s procuratorate, supervisory agency or higher-level administrative law enforcement agency.
Article 15 If an administrative law enforcement agency violates these regulations by concealing, privately dividing, or destroying the items involved, the people's government at the same level or the higher level, or the higher level administrative law enforcement agency that implements vertical management, shall demote its chief officer based on the severity of the circumstances. The above sanctions; if a crime is constituted, criminal responsibility shall be investigated according to law.
The persons in charge and other persons directly responsible for the actions listed in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Article 16 If an administrative law enforcement agency violates these regulations and fails to transfer the case to the public security agency within the time limit, the people’s government at the same level or the higher level, or the higher level administrative law enforcement agency that implements vertical management, shall order the transfer within a time limit, and the person in charge or presiding over it The person in charge of the work shall, according to the seriousness of the circumstances, be given sanctions of the above demerit; if a crime is constituted, criminal responsibility shall be investigated according to law.
If an administrative law enforcement agency violates these regulations and does not transfer a case that should be transferred to the public security agency, or replaces the transfer with an administrative penalty, the people's government at the same level or a higher level, or a higher administrative law enforcement agency that implements vertical management, shall order the correction and give a notification; Those who refuse to make corrections shall be given sanctions of more than demerits to the principal or the person in charge of the work; if a crime is constituted, criminal responsibility shall be investigated according to law.
The persons in charge and other persons directly responsible for the acts listed in the first and second paragraphs of this article shall be punished in accordance with the provisions of the previous two paragraphs; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Article 17 If a public security organ violates these regulations and refuses to accept a suspected criminal case transferred by an administrative law enforcement agency, or fails to make a decision to file a case or not to file a case within the time limit, in addition to the supervision of the case filed by the People’s Procuratorate, the people at the same level or higher The government ordered corrections, and based on the seriousness of the circumstances, the principals were given penalties for demerit or above; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
The persons in charge and other persons directly responsible for the actions listed in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Article 18 If the relevant agency has the illegal acts listed in Article 15, Article 16, and Article 17 of these regulations, and the supervisory agency needs to give the illegal public official administrative sanctions in accordance with the law, the agency and its superior authority or Relevant people's governments shall transfer clues to relevant cases to supervisory organs for handling in accordance with relevant regulations.
Article 19: In the process of investigating and punishing illegal acts in accordance with the law, administrative law enforcement agencies discover that public officials have committed corruption, bribery, dereliction of duty, or use their powers to infringe on citizens’ personal rights and democratic rights, etc., which are suspected of constituting crimes of duty, shall be subject to criminal law and criminal proceedings Law, Supervision Law and other laws provide for timely transfer of clues to cases to supervisory organs or people’s procuratorates for handling.
Article 20 These regulations shall come into force on the day of promulgation.