To improve the working mechanism of coordinating administrative enforcement
of law and criminal judicature and to crack down more severely on crimes
of disrupting the order of the socialist market economy, crimes of obstructing
the administration of public order and other crimes, the following opinions
are proposed regarding timely transfer of cases of suspected crimes
in the course of administrative enforcement of law in accordance with
regulations of The Criminal Procedure Law of the People’s Republic
of China, Regulations Regarding Transfer of Cases of Suspected Crimes
of the Administrative Law Enforcement Institutions of the State Council
and other application regulations:
1. In the process of investigating and handling cases, the administrative
law enforcement institutions should prepare Transfer Report of Cases
of Suspected Crimes of all cases meeting penal prosecution standards
as well as case of suspected crimes, transfer such cases to public security
organs of the same level on a timely basis, and send copies of all involved
documents to the people’s procuratorates of the same level. Where
such cases of suspected crimes are not transferred on a timely basis
and administrative penalties are exercised, the administrative law enforcement
institutions should, with ten days of the exercises of such penalties,
send copies of Transfer Report of Cases of Suspected Crimes to both
the public security organs and people’s procuratorates of the
same level, and issue notifications in writing to the obligees.
Where value of goods captured in handling such cases or other facts
meet standards of criminal prosecution and are suspected of committing
crimes, such cases should be transferred to the public security organs
for handling.
2. Should any units or persons discover that administrative law enforcement
institutions fail to transfer to the public security organs cases of
suspected crimes or fail to inform the public security organs, the people’s
procuratorates, the supervision institutions or the superior administrative
law enforcement institutions of such cases in accordance with applicable
regulations, the public security organs, the people’s procuratorates,
the supervision institutions or the superior administrative law enforcement
institutions should handle such cases in accordance with applicable
regulations on a timely basis and feedback the results to the informants.
3. On receiving accusation or report of failure of the administrative
law enforcement institutions to transfer cases of suspected crimes,
the people’s procuratorates may, after confirming the basic facts
after examination and inspections, enquire information regarding the
cases in question from the administrative law enforcement institutions,
require that the administrative law enforcement institutions supply
materials or send personnel to inspect case documents. The administrative
law enforcement institutions should cooperate accordingly. Where such
cases that should be transferred to the public security organs are not
transferred, the people’s procuratorates should require in writing
that the administrative law enforcement institutions transfer them.
The administrative law enforcement institutions should thus transfer
accordingly.
4. In the process of handling cases, the administrative law enforcement
institutions should properly preserve relevant evidences of the cases.
Necessary measures should be taken to keep evidences and other materials
and articles involved that can easily rot, degenerate, lose or that
cannot be kept properly. All the materials and articles involved requiring
inspection and assessment should be inspected and assessed by relevant
departments and institutions in accordance with law and reports and
diagnoses of such inspections and assessments should be accordingly
issued.
When transferring cases of suspected crimes to the public security organs,
the administrative law enforcement institutions should supply inspection
reports of cases of suspected crimes, list of materials and articles
involved, inspection reports, assessment conclusions and other materials
involved with cases of suspected crimes.
5. The public security organs should handled cases of suspected crimes
transferred by the administrative law enforcement institutions on a
timely basis and decisions regarding whether to place a case or not
should be made within ten days of reception of the transferred cases.
Those cases of major importance and complicated, decisions regarding
whether to place a case or not should be made within thirty days of
reception of the transferred cases. Decisions of the public security
organs regarding whether to place a case or not should be notified in
writing to the administrative law enforcement institutions from which
such cases are transferred, the people’s procuratorates of the
same level and the concerned obligees.
Where jurisdiction of such cases do not belong to the public security
organs, such cases should be transferred to institutions having jurisdiction
over such cases within twenty-four hours and notifications in writing
should be sent to the administrative law enforcement institutions transferring
such cases, the people’s procuratorates of the same level and
the concerned obligees.
6. Where the public security organs decide to place a case, the administrative
law enforcement institutions should, within three days of reception
of notifications in writing, transfer materials, articles and other
materials involved with the cases and finish the take-over formalities.
Where laws and administrative regulations stipulate otherwise, such
laws and regulations should govern.
7. Where the administrative law enforcement institutions disagree with
the public security organs on their decisions of not placing cases,
they may, within three days of reception of notification in writing,
require the public security organs that make such decisions to reconsider
the cases in question, or may suggest to the people’s procuratorates
the cases be placed for supervision.
The public security organs should, within three days of reception of
requirement of the administrative law enforcement institutions to reconsider
the cases, make decisions to reconsider and issue notifications in writing
to the administrative law enforcement institutions that require for
such reconsiderations. Where the administrative law enforcement institutions
still disagree to decisions of the public security organs of not placing
cases after reconsiderations, they may, within three days of reception
of results of reconsiderations, suggest that the people’s procuratorates
place cases for supervision.
8. On reception of suggestions of placing cases of suspected of crimes
for supervision from the administrative law enforcement institutions,
the people’s procuratorates should require the public security
organs to provide reasons of turning down the above mentioned suggestions
and the public security organs should provide explanations in writing
to the people’s procuratorates within seven days. The people’s
procuratorates of the same level should examine explanations from the
public security organs or even conduct investigations if necessary.
Where they consider reasons of the public security organs not to place
cases for supervision acceptable, the people’s procuratorates
should notify, in writing, the administrative law enforcement institutions
making the above mentioned suggestions of the results of reconsiderations.
Where they consider reasons of the public security organs not to places
cases for supervision unacceptable, the people’s procuratorates
should notify the public security organs to place cases. On reception
of placing cases, the public security organs should place cases within
fifteen days and send written decisions to the people’s procuratorates
and notify the administrative law enforcement institutions in writing.
9. If illegal acts found by the public security organs are proved having
not committed crimes after investigation or of a minor nature and thus
can be exempt from criminal responsibilities after being placed cases
for investigation but should still bear administrative responsibilities,
the public security organs should transfer such cases to the administrative
law enforcement institutions on a timely basis. The administrative law
enforcement institutions should handle such cases in accordance with
law and notify, in writing, the public securities and the people’s
procuratorates of the results.
10. If the cases are complicated, difficult and whose nature are hard
to pin down, the administrative law enforcement institutions may consult
the public security organs and the people’s procuratorates. The
public security organs and the people’s procuratorates should
consider these cases in question carefully and reply within seven days.
Where there are evidences to show that doers of suspected crimes may
escape or destroy evidences and thus participation and cooperation of
the public security organs are needed, the administrative law enforcement
institutions may consult with the public security organs to ask them
to participate in advance. The public security organs may send personnel
to participate. Where the doers are suspected of committing crimes,
the public security organs should place cases to investigate on a timely
basis.
11. For suspected crimes cases, which are of a material and influential
nature, the people’s procuratorates may, at the request of the
public security organs, to send personnel to participate in the investigation
of the public security organs, take part in their discussion about the
cases, examine materials involved, give suggestions regarding obtaining
evidence, and provide legal supervision over investigation and other
activities.
12. If, in the process of handling illegal acts, state functionaries
are found to have committed crimes of embezzlement and bribery, or clues
to other crimes, such as dereliction of duty, the administrative law
enforcement institutions should transfer the cases in question to the
supervision institutions or the people’s procuratorates in time.
The supervision institutions and the people’s procuratorates should
examine the cases carefully and handle them in accordance with law and
regulations, and then notify the administrative law enforcement institutions
from which the cases are transferred in writing.
13. The supervision institutions should supervise over handling and
transfer of cases of suspected crimes in accordance with law and should,
upon discovery of any illegal acts or other acts not complying with
regulations, handle the situation properly in accordance with applicable
regulations. If post-related crimes are found, such cases should be
transferred to the people’s procuratorates immediately.
14. The people’s procuratorates should supervise over transfer
of cases of suspected crimes of the administrative law enforcement institutions
and should, upon discovery of abuse of right for their own benefits
on the part of the law-enforcement officers or failure to transfer cases
of suspected crimes of serious circumstances and thus constituting a
crime, invest the administrative law enforcement institutions of their
criminal responsibilities.
15. Should anyone, either state functionaries, personnel performing
public services in organizations exercise state administrative powers,
or personnel performing public services entrusted by state institutions
to exercise power in behalf of the state, or personnel performing public
services in state institutions although not listed as a full formal
state functionary, abuse their power to interfere with law-enforcement
activities of the administrative law enforcement institutions and the
public securities or impeding case transfer and criminal prosecution
and thus constituting a crime, the people’s procuratorates shall
investigate his criminal responsibility of dereliction of duty in accordance
the criminal law. Should anyone other than state administrative institutions,
organizations authorized by law and regulations to perform public affairs
administration, organizations entrusted by state administrative institutions
and other handymen of such organizations abuse their power to interfere
with law-enforcement activities of the administrative law enforcement
institutions and the public securities or impeding case transfer and
criminal prosecution and thus illegal acts, the people’s procuratorates
shall investigate his criminal responsibility of dereliction of duty
in accordance the criminal law.
16. In handling illegal acts and crimes, the public security organs,
the supervision institutions, the administrative law enforcement institutions
and the people’s procuratorates should set up joint meetings and
other mechanisms to circulate and share information. They should also
strengthen relations, cooperate closely, perform their own respective
duties, and restrict each other to ensure that law is accurately and
effectively enforced.
17. Administrative law enforcement institutions as stated in these Opinions
refer to the administrative institutions empowered to exercise administrative
penalties regarding crimes of disrupting the order of the socialist
market economy and crimes of obstructing the administration of public
order in accordance with laws, administrative regulations and rules,
and the organizations empowered by laws and administrative regulations
to perform public affairs administration and exercise administrative
penalties within the scope of authority, excluding public security organs
and the supervision institutions.
|