On December 24, the 32nd meeting of the Standing Committee of the 13th National People's Congress voted to pass the "Anti-Organized Crime Law of the People's Republic of China", which will come into force on May 1, 2022.
"The enactment of the Anti-Organized Crime Law is an important measure to summarize the experience of the special struggle to eliminate organized crime and vice, strengthen the establishment of systems, and ensure that the work of clearing away organized crime and eliminating vice is carried out on a regular and institutionalized basis on the track of the rule of law." Wang Aili, director of the Criminal Law Office of the Legislative Affairs Commission of the Standing Committee of the National People's Congress, pointed out that the promulgation of the Anti-Organized Crime Law is of great significance to building a higher level of peace and rule of law in China, continuously enhancing the people's sense of gain, happiness, and security, and ensuring that the people live and work in peace and contentment, that society is stable and orderly, and that the country has long-term peace and stability.
The Anti-Organized Crime Law consists of 9 chapters and 77 articles, including general provisions, prevention and management, case handling, identification and disposition of assets involved in the case, handling of organized crime by state employees, international cooperation, etc.
Highlight 1:
Strictly punish underworld crimes in accordance with law
The Anti-Organized Crime Law clarifies the concepts of organized crime and malign force organizations, and may apply the punishment and prevention measures provided for by law to malign force organizations, and clarifies the use of the Internet to carry out organized crime and "soft violence" conduct.
Severely punishing criminal syndicates and evil crimes in accordance with the law is a major highlight of the law. In terms of case handling, the Anti-Organized Crime Law clarifies that the organizers, leaders, and core members of organized crime shall strictly grasp the conditions for the application of release on guarantee pending further investigation, non-prosecution, suspended sentences, and so forth, and fully apply criminal penalties such as deprivation of political rights, confiscation of property, and fines; It is stipulated that during the lead verification phase, public security organs may lawfully employ emergency measures such as emergency payment stoppage, temporary freezing, or temporary seizure of assets involved in underworld criminal organization cases; Measures such as detaining criminal suspects or defendants in organized crime cases may be taken in a different location, separate detention, or solitary detention; Enforce criminal punishments in other places for specific organized crime offenders, and strictly reduce sentences and release them on parole.
With regard to the identification and disposition of assets involved in cases, the Anti-Organized Crime Law provides that the case-handling organs may comprehensively investigate the property status of organizations suspected of organized crime and their members; Where the facts of the defendant's conviction and sentencing for committing underworld criminal organization crimes have already been clarified, and there is evidence showing that the assets they obtained during the crime are highly likely to be unlawful gains from underworld criminal organization crimes, as well as the fruits or proceeds thereof, and the defendant cannot explain the lawful source of the assets, they shall be recovered or confiscated in accordance with law.
In order to prevent recidivism, the law provides for a reporting system for the personal assets and daily activities of persons sentenced to criminal punishment for organizing or leading underworld criminal organizations, as well as the strengthening of supervision and supervision of relevant persons in charge of the establishment of enterprises by relevant industry authorities.
Highlight 2:
Digging deep into the "protective umbrella" of underworld forces
In the special struggle to sweep away organized crime and eliminate vice, we have persistently combined the fight against organized crime with the anti-corruption struggle and the "swatting of flies" at the grassroots level, and have dug deep into the "protective umbrella" of the criminal syndicates and evil forces, and achieved very good social results.
In order to summarize practical experience and ensure that "umbrellas are broken and nets are broken", Chapter 5 of the Anti-Organized Crime Law makes provisions on the handling of state functionaries involved in organized crime, and makes the investigation and prosecution of state functionaries' involvement in organized crime the focus of efforts to combat organized crime.
The specific content includes clarifying the specific types of illegal and criminal conduct by state employees involved in organized crime, and clarifying that these conduct shall be comprehensively investigated and dealt with in accordance with law; It also provides that where state employees organize, lead, or participate in organized crime, they shall be given a heavier punishment in accordance with law; Provisions have been made for the supervision organs, people's courts, people's procuratorates, public security organs, and judicial-administrative organs to strengthen coordination and cooperation, and establish mechanisms for communication in handling leads; Make provisions for the conduct that state employees must not engage in investigating and handling organized crime cases in accordance with law, clarifying the bottom line and forbidden areas.
Highlight 3:
Strictly prevent underworld forces from infiltrating the grassroots level
In order to prevent underworld forces from infiltrating basic-level organizations, and on the basis of the spirit of the Party Central Committee's relevant documents on strengthening the establishment of basic-level organizations and preventing and punishing 'village tyrants', and summarizing practical experience, article 12 of the Anti-Organized Crime Law provides for mechanisms for joint review in the general election of basic-level mass autonomous organizations, clarifying that civil affairs departments shall, in conjunction with relevant departments such as supervision organs and public security organs, conduct a review of the qualifications of candidates for villagers' committees and residents' committees, and where it is discovered that they have received criminal punishment for committing organized crime, It shall be promptly disposed of in accordance with relevant provisions.
Highlight 4:
Prevent minors from being harmed
In recent years, underworld forces' conduct against minors has seriously endangered minors' physical and psychological health. In order to prevent minors from being harmed, the Anti-Organized Crime Law implements the responsibilities of all parties and strengthens the punishment of organized crime involving minors.
"The prevention of organized crime requires the joint participation of relevant departments and social forces." According to Wang Aili's briefing, the Anti-Organized Crime Law stipulates the duties and responsibilities of people's governments at all levels and relevant departments, village (resident) committees, enterprises, public institutions, social organizations, and other aspects, and makes special provisions on protecting the lawful rights and interests of minors and preventing minors from being harmed by organized crime.
In addition, in order to strengthen the punishment of organized crime involving minors, the Anti-Organized Crime Law provides that where minors are recruited to participate in underworld criminal organizations or overseas underworld organizations, instigate or entice minors to commit organized crime, or commit organized crime that infringes on the lawful rights and interests of minors, criminal responsibility is to be pursued heavily; Where instigating or enticing minors to participate in organized crime organizations, or preventing minors from leaving organized crime organizations, does not constitute a crime, a heavier punishment is to be given in accordance with law.
Highlight 5:
Prevent the resurgence of underworld forces
The Anti-Organized Crime Law has made some new provisions in order to eradicate the economic basis of organized crime, to achieve the goal of "cracking down on wealth and cutting off blood," and to prevent the resurgence of underworld forces.
Specifically, it provides for a property investigation system, whereby case-handling organs may comprehensively investigate the property status of organizations suspected of organized crime and their members; Where it is clarified that the facts of the defendant's conviction and sentencing for committing underworld criminal organization crimes have been clarified, and there is evidence showing that the assets they obtained during the crime are highly likely to be unlawful gains of underworld criminal organization crimes, as well as their fruits and gains, and the defendant cannot explain the lawful source of the assets, they shall be recovered or confiscated in accordance with law.
Highlight 6:
Protect the rights and interests of individuals involved in cases
The Anti-Organized Crime Law emphasizes that anti-organized crime efforts should be carried out in accordance with the law, respecting and protecting human rights, and safeguarding the legitimate rights and interests of citizens and organizations.
In terms of protecting the lawful rights and interests of units and individuals involved in cases, it is clarified that the plea leniency system may be applied to criminal suspects or defendants in organized crime; Where it is clarified that criminal suspects or defendants are to be detained in a different location, their families and defenders shall be notified in accordance with law; Stipulate that the disposition of assets involved in the case shall be carried out in strict accordance with the legally-prescribed requirements and procedures, and make special provisions on the relevant procedural rights of interested parties involved in the disposition of assets involved in the case.
In addition, special provisions have been made for the protection of witnesses, experts, victims, informants, etc.
Source: Rule of Law Daily