Understanding the Law on Combating Organized Crime with Illustrations and Pictures

In order to prevent and punish organized crime, strengthen and standardize anti-organized crime work, safeguard national security, social order and economic order, and protect the legitimate rights and interests of citizens and organizations, the Law of People's Republic of China (PRC) on Combating Organized Crime was formulated, which was adopted at the 32nd meeting of the Standing Committee of the 13th NPC and came into force on May 1 2022.

The Anti-Organized Crime Law stipulates that anti-organized crime work should adhere to the overall concept of national security. Doing a good job in cracking down on organized crime is also an important part of safeguarding national political, economic, cultural and social security.

Let's take a look at the Anti-Organized Crime Law.

What are the highlights!

Clarify the concepts of organized crime and evil organizations.

What is organized crime?

Organizing, leading, participating in underworld organizations and committing crimes by evil forces as stipulated in Article 294 of the Criminal Law of People's Republic of China (PRC).

Crimes committed through the Internet should be regarded as organized crimes if they meet the provisions of Article 2 of the Law on Combating Organized Crime.

What is an evil organization?

Often get together, by violence, threats or other means, commit illegal and criminal activities in a certain area or industry for many times, do evil, bully the masses, disrupt social order and economic order, and cause relatively bad social impact, but no criminal organization with underworld nature has yet been formed.

What is soft violence?

In order to seek illegal interests or influence, organized harassment, entanglement, trouble, gathering people to create momentum, etc. , psychological coercion to others, enough to limit personal freedom, endanger personal and property safety, affect the normal social and economic order, can be identified as the criminal means of organized crime.

Strike hard and severely punish black and evil crimes

Restrict exports!

When handling organized crime cases, the public security organ may decide to take measures to restrict the criminal suspect from leaving the country, and notify the entry-exit administration authorities to implement them.

Strict according to law!

Organizers, leaders and key members of underworld organizations should strictly grasp the applicable conditions of bail pending trial, non-prosecution, probation, commutation, parole and temporary execution outside prison, and fully apply penalties such as deprivation of political rights, confiscation of property and fines.

Different from ordinary criminal detention means!

Criminal suspects and defendants in organized crime cases may be held in different places, separately or separately.

"Make money and cut off blood" and eradicate the economic base of evil forces.

Investigate the property comprehensively!

Public security organs, people's procuratorates and people's courts may, according to the needs of handling cases, comprehensively investigate the property status of organizations and their members suspected of triad nature. Inquire and freeze deposits, remittances, bonds, stocks, fund shares and other property. Some special properties can be sold, realized or sold or auctioned in advance according to law after legal procedures. If the facts of conviction and sentencing are clear and the evidence is really sufficient, and the legal source of the property cannot be explained, it shall be recovered and confiscated according to law.

Public security organs and relevant departments make joint efforts to strengthen anti-money laundering work.

The State Council anti-money laundering administrative department and other relevant departments and institutions in the State Council shall urge financial institutions and specific non-financial institutions to fulfill their anti-money laundering obligations. If suspicious trading activities related to organized crime are found, the relevant competent departments may investigate them according to law. If the suspicion of money laundering cannot be ruled out after investigation, it shall report the case to the public security organ in time. The public security organ may inquire about the information and data related to organized crime from the anti-money laundering administrative department, request to investigate the suspicious trading activities related to organized crime, and the anti-money laundering administrative department shall cooperate and reply in time.

Prevent evil forces from invading minors

Establish a working mechanism to prevent organized crime from invading the campus

Education administrative departments and schools shall, jointly with relevant departments, establish a working mechanism to prevent organized crime from invading the campus, strengthen publicity and education against organized crime, enhance students' awareness of preventing organized crime, educate and guide students to consciously resist organized crime and guard against the infringement of organized crime.

Developing minors to participate in crimes will be severely punished.

Those who encourage minors to join underworld organizations or overseas underworld organizations, instigate or trick minors into committing underworld crimes, and infringe upon the legitimate rights and interests of minors to commit underworld crimes shall be severely investigated for criminal responsibility according to law.

Those who instigate or trick minors into joining an organized criminal organization, or prevent minors from quitting an organized criminal organization, which do not constitute a crime, shall be given a heavier administrative punishment according to law.

Dig deep into the "protective umbrella" of evil forces

Ensure "breaking the net with an umbrella"

Article 50 State functionaries who commit any of the following acts shall be fully investigated:

(1) Organizing, leading or participating in organized criminal activities; (2) Providing assistance to organized criminal organizations and their criminal activities; (3) shielding an organized criminal organization or conniving at organized criminal activities; (four) dereliction of duty in the investigation of organized crime cases; (five) the use of authority or position influence to interfere with the fight against organized crime; (6) Other illegal and criminal acts involving organized crime. State functionaries who organize, lead or participate in organized crime shall be severely punished according to law.

Joint trial mechanism in the general election of grass-roots mass autonomous organizations

Civil affairs departments shall, jointly with supervisory organs, public security organs and other relevant departments, examine the qualifications of candidates for members of villagers' committees and residents' committees, and find that those who have received criminal punishment for organized crime shall be dealt with in a timely manner in accordance with relevant regulations; If clues to organized crime are found, they shall report to the public security organ in time.

Increase the release reporting system and witness protection regulations.

Getting out of prison doesn't mean you can do whatever you want!

A public security organ at or above the municipal level may decide to report his personal property and daily activities to the public security organ in accordance with the relevant provisions of the state from the date when the punishment is executed. The reporting period shall not exceed five years. In violation of regulations, failing to truthfully report personal property and daily activities in accordance with the decision of the public security organ, the public security organ shall give a warning and order it to make corrections; Those who refuse to make corrections shall be detained for not less than five days but not more than ten days and fined not more than 30,000 yuan.

Protect witnesses, experts, victims, informants, etc. According to the law.

The state protects units and individuals that assist and cooperate in the fight against organized crime according to law. After receiving the report of law enforcement and judicial personnel engaged in cracking down on organized crime, the relevant authorities shall deal with it according to law to prevent criminal suspects and defendants from using the report to interfere with handling cases and take revenge.