Provisions on Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs (Revised in 2020)
Provisions on Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs (Revised in 2020)
Provisions on Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs (Revised in 2020)
Order of the State Council of the People's Republic of China No.730
August 7, 2020
(Promulgated by Order of the State Council of the People's Republic of China No.310 on July 9, 2001; and revised according to the Decision of the State Council on Revising the Provisions on Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs on August 7, 2020)
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 in accordance with the law, and safeguarding the smooth progress of socialist construction.
Article 2 For the purpose of these Provisions, the term "administrative law enforcement organs" refers to the administrative organs which, in accordance with the provisions of laws, regulations or rules, have power 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, 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 investigating into and dealing with illegal acts in accordance with the law, the administrative law enforcement organs discover 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 for prosecution of economic criminal cases, make the illegal acts suspected of constituting crimes and necessary to be investigated for criminal liability in accordance with the law, the administrative law enforcement organs must transfer the cases to public security organs in accordance with these Provisions.
For cases involving intellectual property-related violations, administrative law enforcement organs shall transfer them to public security organs, if they think it is necessary for public security organs to take further measures to obtain more evidence to determine whether the criteria for placing these cases on file for criminal prosecutions are met, as they cast reasonable doubts on the existence of crimes, based on the evidence they have collected during their probes and the case facts they have ascertained.
Article 4 In the course of investigating into and dealing with illegal acts, 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 relevant provisions of the State.
......
Order of the State Council of the People's Republic of China No.730
August 7, 2020
(Promulgated by Order of the State Council of the People's Republic of China No.310 on July 9, 2001; and revised according to the Decision of the State Council on Revising the Provisions on Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs on August 7, 2020)
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 in accordance with the law, and safeguarding the smooth progress of socialist construction.
Article 2 For the purpose of these Provisions, the term "administrative law enforcement organs" refers to the administrative organs which, in accordance with the provisions of laws, regulations or rules, have power 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, 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 investigating into and dealing with illegal acts in accordance with the law, the administrative law enforcement organs discover 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 for prosecution of economic criminal cases, make the illegal acts suspected of constituting crimes and necessary to be investigated for criminal liability in accordance with the law, the administrative law enforcement organs must transfer the cases to public security organs in accordance with these Provisions.
For cases involving intellectual property-related violations, administrative law enforcement organs shall transfer them to public security organs, if they think it is necessary for public security organs to take further measures to obtain more evidence to determine whether the criteria for placing these cases on file for criminal prosecutions are met, as they cast reasonable doubts on the existence of crimes, based on the evidence they have collected during their probes and the case facts they have ascertained.
Article 4 In the course of investigating into and dealing with illegal acts, 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 relevant provisions of the State.
......