The "Anti-Organized Crime Law" severely punishes underworld crimes, and in the handling of cases, the conditions for the application of bail pending further investigation, non-prosecution, and suspended sentences are strictly grasped for the organizers, leaders, and core members of organized crime.
During the lead verification phase, the public security organs may lawfully employ emergency measures such as emergency payment stops, temporary freezing, or temporary seizure of assets involved in underworld criminal organization cases.
This Law makes provisions on the handling of state employees involved in organized crime, and clarifies that where state employees are involved in organized crime, they shall be fully investigated and given a heavier punishment in accordance with law.
The law stipulates that where minors are recruited to participate in underworld criminal organizations or foreign underworld organizations, instigate or entice minors to commit organized crime, or carry out organized crime that infringes on the lawful rights and interests of minors, criminal responsibility shall be pursued heavily.
The Anti-Organized Crime Law also provides for the protection of the rights and interests of relevant persons in accordance with the law, and the protection of the personal safety of whistleblowers, evaluators, victims, witnesses and other relevant persons.
Interpretation of key contents
1. Strictly crack down on underworld crimes in accordance with law
It clarifies the concepts of organized crime and malign forces organizations, applies the punishment and preventive measures provided for by the law to malign forces organizations, and clarifies the use of the internet to carry out organized crime and "soft violence" conduct.
It stipulates that the organizers, leaders, and core members of organized crime shall strictly grasp the conditions for the application of release on guarantee pending further investigation, non-prosecution, suspended sentences, and so forth, and fully apply criminal punishments such as deprivation of political rights, confiscation of property, and fines; Measures such as separate detention or solitary detention, and enforcement of criminal punishments in different places and strict commutation and parole for specific organized crime convicts.
With regard to the determination and disposition of assets involved in the case, it is provided that the case-handling organs may comprehensively investigate the property status of the organization suspected of organized crime and its members;
In order to prevent recidivism, it provides for a reporting system for the personal assets and daily activities of persons sentenced to criminal punishment for organizing or leading underworld criminal organizations, as well as strengthening supervision and control of relevant persons starting businesses.
2. Dig deep into the "protective umbrella" of underworld forces
Chapter 5 of the Anti-Organized Crime Law provides for the handling of state functionaries involved in organized crime, and clearly defines the investigation and prosecution of state functionaries involved in organized crime as 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, clarifying that these acts shall be comprehensively investigated and dealt with in accordance with law; Judicial-administrative organs have strengthened coordination and cooperation, established mechanisms for handling and communicating on leads, and made provisions on the conduct that state functionaries must not engage in investigating and handling organized crime cases in accordance with the law, clarifying the bottom line and forbidden areas.
3. Strictly prevent underworld forces from infiltrating the grassroots level
Article 12 of the Anti-Organized Crime Law provides for mechanisms for joint review in the general election of basic-level mass autonomous organizations, clarifying that civil affairs departments shall, in conjunction with 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.
4. Prevent minors from being harmed
In order to prevent minors from being harmed, the Anti-Organized Crime Law implements the responsibilities of all parties and strengthens the punishment of organized crime involving minors.
Provisions have been made on the duties of all levels of people's government and relevant departments, village (resident) committees, enterprises, public institutions, social organizations, and so forth, and special provisions have been made for the protection of the lawful rights and interests of minors and the prevention of 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 where minors are recruited to participate in underworld criminal organizations or foreign underworld organizations, instigated or tricked minors into committing organized crime, or commits organized crime that infringes upon the lawful rights and interests of minors, criminal responsibility is to be pursued heavily;
5. Prevent the resurgence of underworld forces
The Anti-Organized Crime Law has made some new provisions in order to eradicate the economic basis of organized crime, to achieve the goal of "cracking down on wealth and cutting off blood," and to prevent the resurgence of underworld forces.
Specifically, it provides for a property investigation system, whereby case-handling organs may comprehensively investigate the property status of organizations suspected of organized crime and their members; where it is clear that the facts of the defendant's conviction and sentencing for committing underworld criminal organization crimes have already been clarified, and there is evidence showing that the assets obtained during the crime are highly likely to be unlawful gains of underworld criminal organization crimes, as well as the fruits and proceeds thereof, and the defendant cannot explain the lawful source of the assets, they shall be recovered or confiscated in accordance with law.
6. Protect the rights and interests of individuals involved in the case
It is emphasized that efforts to counter organized crime should be carried out in accordance with the law, respecting and protecting human rights, and safeguarding the lawful rights and interests of citizens and organizations.
It is clarified that the plea leniency system may be applied to criminal suspects or defendants in organized crime; it is clarified that where criminal suspects or defendants are detained in other places, their families and defenders shall be notified in accordance with law; it is provided that the disposition of assets involved in the case shall be carried out in strict accordance with legally-prescribed requirements and procedures, and special provisions are made on the procedural rights of interested parties involved in the disposition of assets involved in the case.
In addition, special provisions have been made for the protection of witnesses, experts, victims, informants, etc.