Provisions on Transfer of Suspected Criminal Cases by the Administrative Law-Enforcement Organs
Provisions on Transfer of Suspected Criminal Cases by the Administrative Law-Enforcement Organs
Provisions on Transfer of Suspected Criminal Cases by the Administrative Law-Enforcement Organs
Order of the State Council of the People's Republic of China [2001] No. 310
July 9, 2001
The Provisions on Transfer of Suspected Criminal Cases by the Administrative Law-Enforcement Organs, which was adopted at the 42nd Executive Meeting of the State Council on July 4, 2001, is released hereby and shall take effect as of the date of promulgation.
Premier Zhu Rongji
Provisions on Transfer of Suspected Criminal Cases by the Administrative Law-Enforcement Organs
Article 1 These Provisions are formulated for the purposes of ensuring timely transfer of suspected criminal cases by the administrative law-enforcement organs to public security organs, punishing crimes of disrupting the order of the socialist market economy, crimes of obstructing the administration of public order and other crimes according to law, and safeguarding the smooth progress of socialist construction.
Article 2 The administrative law-enforcement organs as referred to in these Provisions mean the administrative organs which, according to the provisions of laws, regulations or rules, have powers to administratively punish acts of disrupting the order of the socialist market economy, acts of obstructing the administration of public order and other illegal acts, etc., and the organizations that are authorized by laws and regulations to exercise the power to administer public affairs and impose administrative penalties within the scope of power as authorized by laws and regulations.
Article 3 Where, in the course of legal investigation into and punishment of illegal acts, discovering that the amount of money involved, the circumstances or the consequences of illegal acts, in accordance with the provisions of the Criminal Law on crimes of disrupting the order of the socialist market economy, crimes of obstructing the administration of public order and other crimes, the judicial interpretations of the Supreme People's Court and the Supreme People's Procuratorate on crimes of disrupting the order of the socialist market economy, crimes of obstructing the administration of public order and other crimes, the provisions of the Supreme People's Procuratorate and the Ministry of Public Security on criteria of prosecution of economic criminal cases, are suspected to constitute crimes and shall be investigated for criminal liabilities according to law, the administrative law-enforcement organs must refer the cases to public security organs according to these Provisions.
Article 4 In the course of investigating into and punishing illegal acts, the administrative law-enforcement organs must well preserve evidences related to illegal acts they collect.
The administrative law-enforcement organs shall truthfully make out lists of case-related articles they collect and dispose of these articles in accordance with the provisions of the State.
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