Interpretation of highlights of the Anti-Organized Crime Law

On December 24, the 32nd session of the Standing Committee of the 13th National People's Congress voted to pass the Anti-Organized Crime Law of the People's Republic of China, which came into effect on May 1, 2022.

"The formulation of the Anti-Organized Crime Law is an important measure to sum up the experience of the special struggle against organized crime and evil forces, strengthen system construction, and ensure that the work of eliminating organized crime and eliminating evil forces is normalized and institutionalized on the track of the rule of law." Wang Aili, director of the Criminal Law Office of the Legislative Affairs Commission of the Standing Committee of the National People's Congress, pointed out that the promulgation of the Anti-Organized Crime Law is of great significance to building a higher level of safe China and a rule of law China, constantly enhancing the people's sense of gain, happiness, and security, and ensuring that the people live and work in peace and contentment, social stability and order, and the country's long-term peace and stability.

The Anti-Organized Crime Law consists of 9 chapters and 77 articles, including general provisions, prevention and governance, case handling, identification and disposal of assets involved in cases, handling of organized crime by state employees, and international cooperation.

Highlight 1:

Strictly punish criminal syndicates and evil crimes in accordance with law

The Anti-Organized Crime Law clarifies the concept of organized crime and evil force organizations, the punishment and preventive measures provided by the law applicable to evil force organizations, and clarifies the characterization of acts of using the Internet to carry out organized crime and "soft violence".

Severely punishing criminal syndicates and evil crimes according to law is a major highlight of the law. In terms of case handling, the Anti-Organized Crime Law clearly stipulates that organizers, leaders, and backbone members of organized crime shall strictly grasp the applicable conditions for release on guarantee pending further investigation, non-prosecution, probation, and so forth, and fully apply penalties such as deprivation of political rights, confiscation of property, and fines; it stipulates that public security organs may, at the stage of verification of clues, take emergency measures to stop payment, temporarily freeze, or temporarily seize assets involved in cases of mafia-type organizations; criminal suspects and defendants in organized crime cases may be detained in a different place. Measures such as separate detention or separate detention; enforcement of criminal punishments in other places for specific organized crime offenders, strict commutation of sentences and parole.

With regard to the identification and disposal of assets involved in the case, the Anti-Organized Crime Law provides that the case-handling organs may comprehensively investigate the property status of the organization suspected of organized crime and its members; the conviction and criminalization of the defendant's crime of a mafia-type organization has been ascertained, and there is evidence to prove that the property obtained during the crime period may belong to the illegal gains and fruits and proceeds of the mafia-type organized crime, and if the defendant cannot explain the lawful source of the property, it shall be recovered and confiscated in accordance with law.

In order to prevent re-offending, the law stipulates a system for reporting the personal property and daily activities of persons sentenced to criminal punishment for organizing or leading a mafia-type organization after their release from prison, as well as strengthening supervision and control over the establishment of businesses by relevant industry authorities.

Highlight 2:

Digging deep into the "protective umbrella" of criminal syndicates and evil forces

In the special struggle to eliminate organized crime and evil forces, we have persistently combined the anti-crime and anti-evil forces with the anti-corruption struggle and the grass-roots "swatting flies" and dug deep into the "protective umbrella" of the criminal syndicates and evil forces, thus achieving very good social results.

In order to sum up practical experience and ensure "breaking the umbrella and breaking the net", Chapter V of the Anti-Organized Crime Law makes provisions on the handling of organized crime by state functionaries, and clearly makes the investigation and handling of state employees involved in organized crime the focus of anti-organized crime work.

The specific content includes clarifying the specific types of illegal and criminal acts of state functionaries involved in organized crime, making it clear that these acts should be comprehensively investigated and dealt with in accordance with law; it also stipulates that where state functionaries organize, lead, or participate in organized crime, they shall be given heavier punishments in accordance with law; provisions are made for supervision organs, people's courts, people's procuratorates, public security organs, and judicial-administrative organs to strengthen coordination and cooperation, and to establish a communication mechanism for handling leads Stipulate the conduct that State functionaries must not conduct in investigating and handling organized crime cases in accordance with the law, and clarify the bottom line forbidden areas.

Highlight 3:

Strictly prevent the infiltration of criminal syndicates and evil forces into the grass-roots level

In order to prevent the infiltration of criminal syndicates and evil forces into grass-roots organizations, and in accordance with the spirit of the relevant documents of the Party Central Committee on strengthening the building of grass-roots organizations and preventing and punishing "village tyrants," and summing up practical experience, article 12 of the Anti-Organized Crime Law stipulates the joint trial mechanism for the re-election of grass-roots mass autonomous organizations, making it clear that civil affairs departments shall, in conjunction with the Supervision Organs, public security organs, and other relevant departments, conduct a review of the qualifications of candidates for villagers' committees and residents' committees, and discover that those who have received criminal punishment for committing organized crime have been found. It shall be handled in a timely manner in accordance with relevant provisions.

Highlight 4:

Prevent abuse of minors

In recent years, the acts of criminal syndicates and evil forces against minors have seriously endangered the physical and mental health of minors. In order to prevent minors from being violated, the Anti-Organized Crime Law implements the responsibilities of all parties and strengthens the punishment of organized crime involving minors.

"The prevention of organized crime requires the joint participation of relevant departments and social forces." According to Wang Aili, the Anti-Organized Crime Law stipulates the duties of people's governments at all levels and relevant departments, village (resident) committees, enterprises, public institutions, social organizations, and other aspects, and makes special provisions on protecting the lawful rights and interests of minors and preventing minors from being harmed by organized crime.

In addition, in order to strengthen the punishment of organized crime involving minors, the Anti-Organized Crime Law stipulates that those who recruit minors to participate in mafia-type organizations or triad organizations outside the country, instigate or induce minors to commit organized crime, or commit organized crime that infringe upon the lawful rights and interests of minors, shall be prosecuted for criminal responsibility in accordance with law;

Highlight 5:

Prevent the resurgence of criminal syndicates and evil forces

The anti-organized crime law has made some new provisions in order to eradicate the economic foundation of organized crime, realize the goal of "breaking the money and cutting off the blood," and prevent the resurgence of criminal syndicates and evil forces.

Specifically, it includes: providing for a property investigation system, whereby the case-handling organ may comprehensively investigate the property status of the organization suspected of organized crime and its members; it is clear that the conviction and criminalization of the defendant's crime of a mafia-type organization has been clarified, and there is evidence proving that the property obtained during the crime period may belong to the illegal gains and fruits and proceeds of the mafia-type organized crime, and where the defendant cannot explain the lawful source of the property, it shall be recovered and confiscated in accordance with law.

Highlight 6:

Protect the rights and interests of individual units involved in the case

The Anti-Organized Crime Law emphasizes that anti-organized crime work should be carried out in accordance with law, respect and protect human rights, and safeguard the legitimate rights and interests of citizens and organizations.

In terms of safeguarding the lawful rights and interests of units and individuals involved in a case, it is clear that the plea leniency system may be applied to criminal suspects or defendants involved in organized crime; where measures of detention in a different place are explicitly employed for criminal suspects or defendants, their families and defenders shall be notified in accordance with law; the disposition of assets involved in the case shall be carried out in strict accordance with legally prescribed conditions and procedures, and special provisions are made for the relevant procedural rights of interested parties involved in the disposal of assets involved in the case.

In addition, special provisions have been made for the protection of witnesses, expert evaluators, victims, whistleblowers, etc.

Source: Rule of Law Daily