Legal and Tough Crackdown on Organized Violation of Law and Crime

 2018-05-16  32


Announcement of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on Legal and Tough Crackdown on Organized Violation of Law and Crime


· Area of Law: Criminal Litigation Legislative Affairs

· Level of Authority: Working Documents of the Supreme People's Court and the Supreme People's Procuratorate

· Date issued:02-02-2018

· Effective Date:02-02-2018

· Status: Effective

· Issuing Authority: Supreme People's Court Supreme People's Procuratorate Ministry of Public Security Ministry of Justice

 

Announcement of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on Legal and Tough Crackdown on Organized Violation of Law and Crime
Criminal syndicates are a cancer against sound economic and social development and a chronic disease much heated by the people and must be combated in a firm and lawful manner. For the purposes of practically maintaining the lawful rights and interests of the people and ensuring social harmony and stability, according to the spirit of the Notice on Launching the Special Criminal Syndicate Combat, the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, and the relevant provisions, the matters concerning the legal and tough crackdown on organized violation of law and crime are hereby announced as follows:
I. A person who commits organized violation of law and crime, or harbors or connives at an organization of the nature of criminal syndicate must forthwith end all illegal and criminal activities. Whoever surrenders himself/herself, or faithfully confesses to his/her crime, from the date of issuance of this Announcement to March 1, 2018 may be punished in a lighter or mitigated manner according to the law. Whoever refuses to surrender himself/herself, or continues to commit crime, within the given period shall be punished in a severer manner according to the law. An employee of a state agency who acts as "protector" for any person committing organized violation of law and crime shall be investigated and punished in a firm and merciless manner, according to the law and disciplines, without regard to his/her offices.
II. A relative of a person committing organized violation of law and crime shall actively persuade him/her to surrender himself/herself, and if a person does so upon persuasion by a relative and with the relative as company, or the relative voluntarily turns the person in and sends him/her to the police, the person shall be deemed to have surrendered himself/herself. Whoever conceals or harbors a person committing organized violation of law and crime, assists in money laundering or destruction or forging of evidence, whitewashes or conceals crime-related income or the proceeds generated therefrom, shall be held criminally liable in accordance with the law. If a person committing organized violation of law and crime reports or reveals the crime of another person after surrendering himself/herself, which is confirmed by investigation and proof, or provides any significant lead for resolving another case, which is confirmed by investigation and proof, or assists the judiciary in arresting another criminal suspect, the person may be punished in a lighter or mitigated manner; if he/she has made significant contributions, he/she may be either relieved of punishment or punished in a lighter manner. If a person committing organized violation of law and crime vigorously cooperates in criminal investigation, prosecution or trial and provides any significant lead or evidence in ascertaining the organizational structure of the organization of the nature of criminal syndicate and the position, role of the organizer and leader of the same, and the material facts of crime organized and committed, recovering or confiscating illicit money and property, cracking down on "protectors," and other aspects, which is confirmed by investigation and proof, the person may be punished in a lighter or mitigated manner, or relieved of punishment, according to the law, based on the specific circumstances of the case.
III. The political and legal affairs committees across the country shall implement the spirit of the 19th CPC National Congress and follow the unified leadership of the party committees at all levels to fully use the advantages of comprehensive control of public security, promote all the authorities in discharging their duties and working together, and join work forces. With an attitude of "zero tolerance," severer punishment shall be imposed in a firm and legal manner, organized violation of law and crime shall be seriously combated, a group of criminal syndicate-related cases heated by the people shall be investigated and solved, a group of criminal syndicate-related critical regions shall be reorganized, and a group of criminal syndicate-related violators of law and criminal elements, so as to ensure positive achievements around the Spring Festival, lay a solid foundation for the Special Criminal Syndicate Combat, and continue to heighten the fulfillment, happiness and security of the people.
IV. Combating organized crime, as a people's war, must depend on the vigorous participation of the people. The people shall be encouraged to vigorously report criminal syndicate-related crime, "rural bullies," and other prominent problems, and any person who plays an important role in combating organized crime, eliminating the conditions for the existence of criminal syndicates, or discovering the "protectors" of criminal syndicates shall be rewarded. The political and legal affairs authorities shall protect the personal information and safety of informants in accordance with the law.
The National Criminal Syndicate Reporting Website: www.12389.gov.cn; mailing address: postal mail box 19001, Beijing; telephone: 010-12389.
This Announcement shall come into force upon issuance.
February 2, 2018