On December 24, 2021, the 32nd Session of the Standing Committee of the 13th National People's Congress deliberated and passed the Anti-Organized Crime Law of the People's Republic of China (hereinafter referred to as the "Anti-Organized Crime Law"), which came into effect on May 1, 2022.
Let's study the Organized Crime Act together.
#1
What is the significance of the promulgation and implementation of the Anti-Organized Crime Law?
The formulation and promulgation of the "Anti-Organized Crime Law" is an inevitable requirement for the normalization of the struggle against organized crime and evil forces, a landmark achievement of the Party Central Committee in carrying out the struggle against organized crime and evil forces, a successful exploration and great practice in building an anti-organized crime system with Chinese characteristics, and is conducive to perfecting and perfecting the legal system against organized crime that is interconnected and supported by various forms such as laws, legislative interpretations, and judicial interpretations, better using the rule of law thinking and rule of law methods to crack down on criminal syndicates and evil forces, and ensuring that the struggle against organized crime and evil forces always advances on the track of the rule of law It is conducive to further improving the prevention and control system for crimes involving criminal syndicates and evil forces in the industry and field, bringing together the powerful forces of the whole society to prevent and reduce the breeding and spread of criminal syndicates and evil forces from the source; it is conducive to further strengthening the awareness of the rule of law, human rights, evidence, procedures and conscious supervision of law enforcement and judicial organs, and striving to let the people feel fairness and justice in every case of sweeping away criminal syndicates and eliminating evil forces.
#2
What are the highlights of the Organized Crime Act?
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 the case, handling of organized crime by state employees, and international cooperation.
Strictly punish criminal syndicates and evil crimes in accordance with law
It clarifies the concept of organized crime and evil force organizations, the punishment and preventive measures provided by the applicable law for evil force organizations, and clarifies the characterization of the use of the network to carry out organized crime and "soft violence". Relevant provisions have been made on how to severely punish organized crime and prevent re-offending in accordance with the law.
Relevant provisions: Articles 2, 22, 23, 27, 30, 35, 36, 37, 38, 40, 45, 47
Digging deep into the "protective umbrella" of criminal syndicates and evil forces
Provisions are made for the handling of state employees involved in organized crime, and the investigation and handling of organized crime by state employees is clearly the focus of anti-organized crime work.
Related articles: Articles 50 to 53
Strictly prevent the infiltration of criminal syndicates and evil forces into the grass-roots level
Provisions have been made on the joint review mechanism for the election of grass-roots mass autonomous organizations for the new term, clarifying 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 where it is discovered that they have received criminal punishment for committing organized crime, they shall promptly handle it in accordance with relevant provisions.
Relevant provisions: Article 12
Prevent abuse of minors
Provisions have been made on the duties of people's governments at all levels and relevant departments, village (resident) committees, enterprises, public institutions, social organizations, and other such aspects, and special provisions have been made on protecting the lawful rights and interests of minors and preventing minors from being harmed by organized crime.
Related articles: Articles 11, 67, 69
Prevent the resurgence of criminal syndicates and evil forces
In order to eradicate the economic foundation of organized crime and prevent the resurgence of criminal syndicates and evil forces, the "Anti-Organized Crime Law" has made some new provisions in the areas of property investigation and disposal, including that case-handling organs may comprehensively investigate the property status of organizations suspected of organized crime and their members; there is evidence to prove that the property obtained during the crime period may belong to the illegal gains and fruits and proceeds of organized crime of a mafia nature, and if the defendant cannot explain the legal source of the property, it shall be recovered or confiscated in accordance with law.
Relevant articles: Articles 19, 20, 27, 39 to 49, 68
Protect the rights and interests of individual units involved in the case
Emphasize that anti-organized crime efforts should be conducted in accordance with law, respect and protect human rights, and safeguard the lawful rights and interests of citizens and organizations.
Related articles: Articles 22, 30, 33, 41, 43, 44, 49, 53, 61
#3
What is organized crime, evil forces, "soft violence"?
Polish your eyes and accurately identify organized crime!
Organized crime refers to crimes of organizing, leading, or participating in organized crimes of a mafia nature as provided for in article 294 of the Criminal Law of the People's Republic of China, as well as crimes committed by mafia-type organizations and evil forces.
Evil force organizations refer to criminal organizations that are often gathered together and use violence, threats, or other means to repeatedly carry out illegal and criminal activities in a certain area or industry field, do evil for non-evil purposes, bully the masses, disrupt social order and economic order, and cause a relatively bad social impact, but have not yet formed an organization of the nature of a mafia.
"Soft violence" refers to criminal means that, in order to seek illegal benefits or form illegal influences, systematically carry out nuisance, entanglement, cajoling, gathering crowds, etc., to form psychological coercion against others, which is sufficient to restrict personal freedom, endanger personal and property safety, and affect normal social and economic order.
#4
How to crack down on organized crime?
Severely punish according to law, strictly crack down on organized crime!
It clarifies the applicable conditions for organizers, leaders, and backbone members of organized crime to be released on guarantee pending further investigation, non-prosecution, probation, commutation, parole, and temporary execution outside of prison, and fully applies penalties such as deprivation of political rights, confiscation of property, and fines.
Criminal suspects or defendants in organized crime cases may employ measures such as detention in a different location, separate detention, or alone detention.
Where organizers, leaders, or ringleaders of evil force organizations of a mafia nature are sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or a two-year suspension of execution of the death penalty, they shall carry out the punishment in different places across provinces, autonomous regions, or municipalities directly under the Central Government.
Commutation or parole of specific organized crime convicts must be reported to the provincial, autonomous regional, or directly governed municipal prison management organs for review, and then submitted to the people's court for ruling.
#5
How can the resurgence of organized crime be prevented?
Fight money and cut off blood, destroy the economic foundation of organized crime!
It is clarified that public security organs may lawfully employ emergency measures of emergency suspension of payment, temporary freezing, or temporary seizure of assets involved in cases of mafia-type organizations at the stage of verification of clues. For specific property, upon legal procedures, it may be sold, liquidated, sold, or auctioned in advance in accordance with law.
When transferring cases for review for prosecution or initiating public prosecution, public security organs and people's procuratorates shall submit opinions on the disposition of assets involved in the case. The people's court shall make a judgment in accordance with law and dispose of the assets involved in the case.
Where the defendant's conviction and criminal determination for committing crimes of a mafia-type organization have been ascertained, and there is evidence to prove that the property he obtains during the crime may be highly likely to belong to the illegal gains of mafia-type organized crime, as well as its fruits and proceeds, and the defendant cannot explain the lawful source of the property, it shall be recovered and confiscated in accordance with law.
#6
How to do a good job of "breaking the umbrella and breaking the net"?
Dig deep and investigate thoroughly, and uproot the "protective umbrella" and "relationship network"!
It is clarified that state functionaries who organize, lead, or participate in organized criminal activities, provide assistance to organized criminal organizations and their criminal activities, harbor organized criminal organizations, or condone organized criminal activities, derelict their duties and dereliction of duty in the investigation and handling of organized crime cases, and use their authority or influence on their positions to interfere in anti-organized crime work, as well as other illegal and criminal acts involving organized crime, shall be comprehensively investigated and dealt with in accordance with law. Where State functionaries organize, lead, or participate in organized crime, they are given heavier punishments in accordance with law.
Establish mechanisms for handling and communicating leads between the Supervision Organs and political and legal organs, discovering clues about violations and crimes by state functionaries, and handling them in accordance with law or promptly transferring them to the competent organs for handling. Any unit or individual who discovers illegal or criminal conduct related to organized crime by a state functionary has the right to report, accuse, or report to the Supervision Organs, people's procuratorates, public security organs, and other departments.
Provisions are made for the conduct of State agents who investigate and handle organized crime cases in accordance with the law, and the bottom line is clearly prohibited. Those who use methods such as reports to distort and fabricate facts, falsely accuse and frame law enforcement or judicial personnel engaged in anti-organized crime work, are to be pursued for responsibility in accordance with law.
#7
How to protect minors from abuse?
Special protection, cut off the black hand that reaches out to minors!
It is clarified that education administrative departments and schools shall, in conjunction with relevant departments, establish working mechanisms for preventing organized crime from infringing on campuses, strengthen publicity and education against organized crime, enhance students' awareness of preventing organized crime, and educate and guide students to consciously resist organized crime and prevent the harm of organized crime. Where schools discover relevant organized criminal activities, they shall promptly stop them, employ preventive measures, and report to the public security organs and administrative departments for education.
Where minors are recruited to participate in mafia-type organizations or overseas mafia organizations, instigate or induce minors to commit organized crime, or carry out organized crime that infringes upon the lawful rights and interests of minors, criminal responsibility is to be pursued heavily in accordance with law. Where instigating or luring minors to join an organized criminal organization or preventing minors from withdrawing from an organized criminal organization does not constitute a crime, a heavier administrative punishment is given in accordance with law.
#8
What should I do if I find clues to organized crime?
Rely on the masses and let organized crime take root nowhere!
It clarifies that all units and individuals have the obligation to assist and cooperate with relevant departments in carrying out anti-organized crime work. The State shall, in accordance with law, protect units and individuals that assist in or cooperate with anti-organized crime efforts.
The State encourages units and individuals to report organized crime. Commendations and rewards are to be given to units and individuals who report organized crime or have made outstanding contributions to anti-organized crime work in accordance with relevant national provisions.
Where the personal safety of the person or his close relatives is in danger as a result of reporting, accusing, or stopping organized criminal activities, and testifying in an organized crime case, the case-handling unit is to employ one or more protective measures in accordance with relevant provisions to relieve the worries of personnel such as those making reports, accusations, stopping crimes, or testifying.
END
Source: Jiangsu High Court
Editors: Zhu Meng, Snowman 丨 Review: Kaisen, Yu Xin
Producer: Xi'an Newspaper Media
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