|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
TABLE OF CONTENTS CHAPTER I JURISDICTION CHAPTER II FILING AND WITHDRAWING A CASE CHAPTER III COERCIVE MEASURES CHAPTER IV ASSISTANCE IN HANDLING A CASE CHAPTER V SUPERVISION OVER LAW ENFORCEMENT AND INVESTIGATION INTO LIABILITIES CHAPTER VI SUPPLEMENTARY PROVISIONS The present Provisions are formulated according to the relevant laws and rules, such as the Criminal Litigation Law of the People's Republic of China, the People's Police Law of the People's Republic of China, and the Provisions on the Procedures for Handling Criminal Cases by Public Security Organs, for the purpose of regulating the procedures for the public security organs' handling cases involving economic crimes, ensuring the quality of case handling, legally and effectively cracking down on the criminal activities that may injure the economic order of the socialist market, preserve the market economic order and safeguard the legitimate rights and interests of citizens, legal persons and other organizations. CHAPTER I JURISDICTION Article 1. The jurisdiction within the public security sector over the cases involving economic crimes shall be strictly governed by the relevant provisions on the work division of jurisdictions over criminal cases. Article 2. Where the public security organ at a higher level deems it necessary, it may directly file a case for investigation or organize, direct and participate in the investigation of the cases involving economic crimes under the jurisdiction of the public security organ at a lower level. Where the public security organ at a lower level believes that the circumstances of a case is so heavy and complicated that the investigation thereof shall be conducted by the public security organ at a higher level, it may request for transferring the case to the public security organ at a higher level for investigation. Article 3. The cases involving economic crimes shall be subject to the jurisdiction of the public security organ at the locality of the crimes. Where it is more proper to put a case under the jurisdiction of the public security organ in the place of residence of the relevant criminal suspect, the said public security organ may exercise jurisdiction. The term "locality of a crime" mentioned herein refers to a place where a crime is committed. For any economic crime committed for the purpose of illegal occupation, the locality of a crime includes the place where the crime occurs and the place of criminal consequence where a criminal suspect actually seizes the properties. A place of residence includes a place of permanent residency and a place of habitual residence. Where a place of permanent residency is not the same as a place of habitual residence, the relevant issue shall be put under the jurisdiction of the public security organ at the place of habitual residence. The term "place of habitual residence" refers to a place where a citizen resides for no less than 1 year after he leaves his place of permanent residency. Article 4. Where any case involving economic crimes is under the jurisdiction of two or more public security organs, the first public security organ that accepts it shall exercise jurisdiction. Where it is necessary, it may be put the case under the charge of the public security organ at the locality where the major crime occurred. In the case of any dispute over jurisdiction, it shall be settled through negotiation. Where it fails to be settled through negotiation, it shall be reported to the public security organ at a common higher level for designated jurisdiction. Article 5. Where a victim, or criminal suspect or the relevant legal representative, close relative, or attorney employed thereof has any different opinion about a case, he may file an appeal with the public security organ that has filed the case for investigation. The public security organ that has accepted an appeal shall, within 7 days as of receiving an appeal, make a reply. CHAPTER II FILING AND WITHDRAWING A CASE Article 6. After the public security organ accepts a report, complaint, tip-off or voluntary surrender relating to the clues of an economic crime, it shall conduct an examination thereon and decide, within 7 days, whether to file a case. For any major or complicated clue, the relevant term for the examination to decide whether to file a case may be extended to 30 days upon the approval of the principal of the public security organ at or above the county level. For any particularly major or complicated clue, the relevant term for the examination to decide whether to file a case may be extended to 60 days upon the approval of the principal of the public security organ at or above the prefecture (municipal) level. After the public security organ accepts a suspected case involving economic crimes transferred by the administrative organ of law enforcement, it shall, within 3 days, carry out an examination and decide whether to file a case. Where the public security organ at a higher level designates the jurisdiction of a case or instructs to file a case in written form, the relevant case shall be filed for investigation within the designated term. Article 7. In the process of examination on filing a case, the relevant entities may be requested for assistance in investigation or the necessary measures for investigation may be taken according to the prescribed procedures, whereas no criminal coercive measure may be adopted nor may any property be sealed up, detained or frozen. Article 8. As is a general principle, an examination on filing a case is not carried out in a public manner, and the person against whom a complaint or tip-off is filed shall not be directly contrated. Where it is necessary to inquire the person against whom a complaint or tip-off is filed about any information, his normal work or business operation shall not be affected. Where it is necessary to obtain the evidential materials from the person against whom a complaint or tip-off is filed, the approval thereof shall be obtained beforehand. Where it is an entity against which a complaint or tip-off is filed, the approval of the legal representative or principal thereof shall be obtained. Article 9. A case that concurrently meets the following requirements shall be filed upon examination: (1) Where the relevant criminal facts have been confirmed; (2) Where the relevant criminal liabilities shall be investigated into because the criminal sum, criminal consequence or any other circumstances involved in a case reaches the requirements for prosecuting an economic crime; and (3) Where a case shall be subject to the jurisdiction of the relevant public security organ. Article 10. Where a complainant accuses a case but it is determined upon examination not to file the case, a Notice on Not Filing a Case shall be produced and served on the relevant complainant within the term for examination on filing a case. Article 11. Where the public security organ finds any suspected economic crime that has the same judicial facts as those in a civil case which the people's court has accepted or for which the people's court has made an effective judgment or ruling, explanations shall be given and a photocopy of the relevant materials shall be attached thereto. The people's court that has accepted the said civil case or made a judgment or ruling thereon shall be informed in letter form and, at the same time, the relevant people's procuratorate shall be informed. Article 12. Where a case that requires filing for investigation involves the same legal facts as those in a civil case which the people's court has accepted or for which the people's court has made an effective judgment or ruling, and if any of the following requirements is satisfied, the public security organ shall put it on file for investigation: (1) Where the people's court decides to transfer the case to the public security organ or to revoke the relevant judgment or ruling; or (2) Where the people's procuratorate notifies the public security organ to file a case according to law. Article 13. Where a case that requires filing for investigation does not involve the same legal facts as those in a civil case which the people's court has accepted or for which the people's court has made an effective judgment or ruling, the public security organ may directly file a case for investigation but shall not require the people's court to reject the action, suspend the trial thereof or revoke the relevant judgment or ruling on the ground that it has been filed as a criminal case. Article 14. Where a case fails to be transferred for examination and prosecution or where it has been handled in any other way according to law after it was filed and 12 months have elapsed after the relevant criminal suspect is released from the coercive measures, the public security organ shall cancel the case. Article 15. Where a case is canceled and if any new fact or evidence thereabout is found and a further investigation into criminal liabilities is so required, the public security organ may file the case again for investigation. Article 16. After the public security organ accepts a case, where the relevant informant, complainant or tip-off maker inquires about the case, the public security organ shall notify him immediately. The public security organ shall notify the relevant victim or his legal representative or close relative of the following: (1) Where a case is cleared up, the relevant result of handling, the criminal suspect as well as the recourse of the properties involved in the case shall be disclosed to him in a timely manner; (2) Where a case is withdrawn, the relevant result and reasons shall be disclosed to him in a timely manner; (3) For any major case involving economic crimes that has not been cleared up, the relevant information that may be publicized shall, upon case filing, be disclosed to him in a proper manner on a periodic basis. CHAPTER III COERCIVE MEASURES Article 17. The public security organ shall carry out investigation into a case involving any economic crime that has been filed in a timely manner, and collect and obtain, in an overall and objective manner, the relevant evidential materials that can prove that the criminal suspect involved has or has not committed a crime or has committed a light or heavy crime. Where it is necessary to adopt the relevant coercive measures for restricting the personal right or property right of a criminal suspect, the relevant requirements and procedures prescribed by law shall be strictly followed. Article 18. Where any coercive measure is to be adopted upon decision, such factors shall be taken into consideration as the degree of offense made by the criminal suspect in the crime, and the possibility of his continuing a crime, escaping or hampering the relevant investigation so as to make sure that the adopted coercive measures are compatible with the degree of the offense and the criminal suspect's potential danger upon the society. Where measures such as releasing him upon bail and awaiting trial or subjecting him to surveillance of residence is fairly enough to prevent the danger upon the society, no criminal detention or arrest may be adopted. Article 19. Except for the circumstance where the measure of releasing a suspect upon bail and awaiting trial shall not be adopted, prescribed in Article 64 of the Provisions on the Procedures for Handling Criminal Cases by Public Security Organs, the public security organ may, under any of the following circumstances, according to the specific situation of the case, impose upon the relevant criminal suspect measures such as releasing him upon bail and awaiting trial or subjecting him to surveillance of residence, and, during the period when either of the aforesaid measures is adopted, the relevant investigation into the case shall not be suspended: (1) In the case of no possibility of committing any crime any more; (2) Where, for any case wherein the property is the target of crime, the relevant bail compatible to the subject matter of the case could be provided; (3) Where a criminal suspect has a fixed residence and steady income in the place where a case has occurred, and he is able to appear upon summoning and is unable to commit suicide, has no intention of escape, or is unable to destroy or fabricate the relevant evidences or collude with others to devise consistent confession; or (4) Under any other circumstance where no social danger may occur. Article 20. The public security organ at or above the county level shall formulate special procedures for examination or designate special functionaries in the department responsible for handling cases to take charge of examining the legality and suitability of the relevant coercive measures adopted according to the requirements and procedures prescribed by law and on a case-by-case and person-by-person basis. Where any coercive measure adopted is found as improper, it shall be reported to the principal of the public security organ in a timely manner. Article 21. The public security organ at the locality where a case is filed shall upload the information of the relevant criminal suspects under criminal detention onto the information system of fugitive persons within the information network of public security organs. Where the public security organ at a higher level deems upon examination that a crime has not been constituted for lack of evidence, it shall order the public security organ at the locality where a case is filed to delete the data of the relevant fugitive person from the information system or may directly delete it by itself. Article 22. In order to ensure a smooth proceeding of criminal litigation, during the period of release upon bail and awaiting trial or surveillance of residence, the public security organ shall, according to the specific situation of the case, treat a criminal suspect with an entry and exit pass as an exit-restricted person and a criminal suspect without an entry and exit pass as a person who shall not be approved for exit and who shall be circulated for archival filing according to law. Article 23. Where a criminal suspect or his legal representative, close relative or his attorney employed deems that any coercive measure adopted by the public security organ exceeds the statutory term, he is entitled to file a complaint with the public security organ that approved or decided the coercive measure. The public security organ that has accepts the complaint shall, within 3 days as of receiving the complaint, conclude an examination and make a decision as well as notify the relevant complainant in written form. Any coercive measure that has exceeded the statutory term shall be immediately released or altered according to law. Article 24. The money in an account involved in a case, which is frozen by the public security organ, shall be commeasurable to the sum involved in the case. Article 25. Any physical object that functions as an evidence shall be transferred along with the case according to law. Anything that is improper to or shall not be transferred according to law, a checklist, photos or any other certification documents thereof shall be transferred along with the case. Article 26. The return of any property involved in a case but not transferred shall be carried out after the judgment of the court takes effect. Where the property and the interest thereof legally held by a victim needs to be returned in advance, it shall be subject to registration and photo-shooting or video recording and assessment, and an explanation for return shall be indicated in the relevant case file together with the photos and checklist of the original properties as well as the formalities for the victim to claim his properties shall be put on file for reference. However, under any of the following circumstances, it shall not be returned in advance: (1) Where the basic facts of a case are yet to be confirmed; (2) Where the title to the properties involved in a case is not clear or is under any dispute; or (3) Where it is necessary to transfer a case to the public security organ in a different place for jurisdiction. CHAPTER IV ASSISTANCE IN HANDLING A CASE Article 27. Where the assistance of the public security organ in a different place is required in handling a case involving economic crimes, the in-charge public security organ shall be responsible for the jurisdiction, characterization, confirmation of evidences as well as the adopted measures for investigation, produce the relevant legal documents, handle the relevant formalities and shoulder the relevant legal liabilities. Article 28. Where the assistance of the public security organ in a different place is required in the handling of a case, the in-charge public security organ at or above the county level shall directly produce a Letter of Assistance in Case Handling so as to obtain the assistance of the public security organ at or above the county level in the place where the assistance is provided. Where the public security organ at a different province (autonomous region or municipality directly under the Central Government) is required to assist in imposing the relevant coercive measures on the criminal suspects or sealing up, detaining or freezing the properties involved in a case, the in-charge public security organ shall produce a Letter of Assistance in Case Handling, which shall, at the same time, be reported to the public security organ at the provincial level in the place where the in-charge public security organ is located for archival filing. The public security organ of a province (autonomous region or municipality directly under the Central Government) may, according to the real situation, formulate the relevant internal procedures for examination and approval regarding the assistance provided by the public security organ of a different province (autonomous region or municipality directly under the Central Government) in imposing the relevant coercive measures on the relevant criminal suspects or sealing up, detaining or freezing the properties involved in a case. Article 29. Where the in-charge public security organ dispatches any of its personnel to the assisting public security organ in a different place so as to consult materials and obtain the relevant evidences, the following legal documents shall be produced and the following formalities shall be handled as well: (1) A Letter of Assistance in Case Handling; (2) Relevant legal documents such as a Summon Notice, a Notice on Inquiring of Deposit/Remittance and a Notice on Obtaining Evidences; and (3) The employment certificates of the case handlers. Where the in-charge public security organ deems it unnecessary to dispatch its personnel to the assisting public security organ in a different place, it may mail a Letter of Assistance in Case Handling as well as the relevant legal documents to the assisting public security organ and the latter shall organize an investigation on confirmation as soon as possible. Where a case is extremely important and urgent, the assisting public security organ shall make a reply within 7 days. For a case which is important and urgent, a reply shall not be made within no more than 15 days. The assistance in an ordinary case shall be offered within not more than 30 days. Where a reply cannot be made due to any special circumstance, the assisting public security organ shall elaborate the relevant situation to the in-charge public security in a timely manner. Article 30. Where the in-charge public security organ requires any assistance in adopting coercive measures, carrying out rummage, detaining or freezing the properties involved in a case, the relevant legal documents shall be produced and the following formalities shall be gone through: (1) A Letter of Assistance in Case Handling; (2) Relevant legal documents such as a Bench Warrant, a Detention Warrant, an Arrest Warrant and a Rummage Warrant or a Notice on Detainment and a Notice on Freezing; and (3) The employment certificates of the case handlers. Article 31. If delay in adopting relevant measures may lead to the escape of a criminal suspect escaping or removal of the relevant properties involved in a case or key evidences, the in-charge public security organ may request for an emergent assistance by faxing a Letter of Assistance in Case Handling as well as the relevant legal documents to the assisting public security organ, and the latter shall, upon receiving the Letter of Assistance in Case Handling, adopt the relevant measures and offer the assistance in a timely manner. The in-charge public security organ shall immediately dispatch its personnel to the place where the assistant public security organ is located to handle the relevant matters on the strength of the relevant legal documents. Article 32. The assisting public security organ shall carry out an examination on the legal documents and relevant formalities produced and handled by the in-charge public security organ and shall, where the relevant formalities are complete, provide unconditional assistance thereto in a timely manner. Except for the expenses for awarding the arrest of a wanted criminal suspect (including keying the relevant information on a criminal suspect into the information system of fugitive persons within the information network of public security organs), it is strictly prohibitive for the assisting public security organ to seek any form of expenses for handling the case under any pretext. Article 33. Where the assisting public security organ finds, in the process of providing assistance, any law-breaking act of the in-charge public security organ, it shall point it out to the in-charge public security organ in a timely manner. In the case of any trans-provincial assistance, it may be reported to the public security organ at the provincial level in the place where the in-charge public security organ is located through the public security organ at the provincial level in the place where the assisting public security organ is located for coordinated treatment. Where no consensus is reached, the public security organ at the provincial level in the place where the assisting public security organ is located shall report it to the Ministry of Public Security in a timely manner. In the absence of an approval granted by the joint public security organ at a higher level, the assisting public security organ shall not refuse or stop its assistance. CHAPTER V SUPERVISION OVER LAW ENFORCEMENT AND INVESTIGATION INTO LIABILITIES Article 34. The public security organ at all levels shall intensify the supervision over the handling of cases involving economic crimes as well as the supervision over law enforcement. Under any of the circumstances in the handling of cases involving economic crimes, the violation shall be ordered to be corrected according to law or a decision on correction shall be directly made according to the relevant provisions of the Regulation on Supervision over Public Security Organs and the Provisions on the Supervision over Law Enforcement within Public Security Organs. In the case of anything wrong in the law enforcement, the person in charge of examination and approval of a case, the examiner, case handler and any other directly liable person shall be subject to the corresponding liabilities on a case-by-case basis according to the Prosecution of Liabilities for Wrong-doings in Law Enforcement of the People's Policemen of Public Security Organs and in light of the respective functions and duties of the people's policemen in the handling of a case: (1) Violating the present Provisions by overstepping its jurisdiction of handling a case involving economic crimes; (2) Violating the present Provisions in the filing of a case for investigation; (3) Violating the law and the present Provisions by failing to file a case that should have been filed or failing to withdraw a case that should have been withdrawn; (4) Violating the law and the present Provisions by filing a case that should not have been filed or withdrawing a case that should not have been withdrawn; (5) Violating the law and the present Provisions by adopting any wrong coercive measures; (6) Violating the provisions of law by overrunning the statutory term for imposing coercive measures; (7) Violating the provisions of law by adopting coercive measures such as seal-up, detainment or freezing; or (8) Violating the present Provisions by refusing to perform the relevant functions and duties of assisting in case handling or hindering the public security organ in a different place from handling a case according to law. Article 35. Where any handler of a public security organ that has filed a case goes to a different province (autonomous region or municipality directly under the Central Government) to handle a case, and it shall be reported to the public security organ at a higher level for examination and approval according to the procedures for internal examination and approval formulated by the department of public security of the province (autonomous region or municipality directly under the Central Government), the public security at the higher level shall be responsible for the relevant conclusion of examination it has produced. However, where the public security organ that has filed a case purposely conceals or makes up the relevant facts in the process of reporting the materials on examination, it shall shoulder all the relevant liabilities. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 36. The present Provisions shall come into force as of June 1, 2006. Article 37. Where any regulatory document on handling cases involving economic crimes formulated by the Ministry of Public Security before the present Provisions are promulgated conflicts with the present Provisions, the present Provisions shall prevail. Any matter that is not mentioned in the present Provisions shall be governed by the Provisions on the Procedures for Handling Criminal Cases by Public Security Organs. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|