People's Republic of China (PRC) Law on Combating Organized Crime
(adopted at the 32nd meeting of the 13th NPC Standing Committee on February 24th, 20021)
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution for the purpose of preventing and punishing organized crime, strengthening and standardizing anti-organized crime work, safeguarding national security, social order and economic order, and protecting the legitimate rights and interests of citizens and organizations.
Article 2 Organized crime as mentioned in this Law refers to the crime of organizing, leading and participating in organized crime as stipulated in Article 294 of the Criminal Law of People's Republic of China (PRC), as well as organized crime and crimes committed by evil forces.
The term "evil organizations" as mentioned in this Law refers to criminal organizations that often gather together to carry out illegal and criminal activities in a certain area or industry by violence, threats or other evil means, oppress the masses, disrupt social and economic order, and cause relatively bad social impact, but have not yet formed an underworld organization.
This Law is applicable to overseas underworld organizations that recruit members in People's Republic of China (PRC) and commit criminal activities against People's Republic of China (PRC), the state or citizens abroad.
Article 3 Anti-organized crime work should adhere to the overall concept of national security, and comprehensively use legal, economic, scientific and technological, cultural, educational and other means to establish and improve the anti-organized crime work mechanism and the organized crime prevention and governance system.
Article 4 Anti-organized crime work should adhere to the combination of special work and mass line, special governance and systematic governance, anti-corruption and strengthening the construction of grass-roots organizations, and treat both the symptoms and root causes.
Article 5 The fight against organized crime shall be conducted in accordance with the law, respecting and protecting human rights and safeguarding the legitimate rights and interests of citizens and organizations.
Article 6 Supervisory organs, people's courts, people's procuratorates, public security organs, judicial administrative organs and other relevant state organs shall, in accordance with the division of labor, cooperate with each other and restrict each other, and do a good job in anti-organized crime work according to law.
Relevant departments should mobilize and rely on villagers' committees, residents' committees, enterprises, institutions and social organizations to jointly carry out the work of cracking down on organized crime.
Article 7 All units and individuals have the obligation to assist and cooperate with the relevant departments in the fight against organized crime.
The state protects units and individuals that assist and cooperate in the fight against organized crime according to law.
Article 8 The State encourages units and individuals to report organized crime.
Units and individuals who report organized crime or have made outstanding contributions in combating organized crime shall be commended and rewarded in accordance with relevant state regulations.
Chapter II Prevention and Control
Article 9 People's governments at all levels and relevant departments shall organize and implement the work of preventing and controlling organized crime according to law, and incorporate the work of preventing and controlling organized crime into the assessment system.
Villagers' committees and residents' committees shall assist the people's governments and relevant departments in preventing and controlling organized crime.
Tenth departments responsible for the prevention and control of organized crime should carry out publicity and education against organized crime, and enhance citizens' awareness and ability against organized crime.
Supervisory organs, people's courts, people's procuratorates, public security organs and judicial administrative organs shall carry out publicity and education on cracking down on organized crime by popularizing laws and interpreting laws.
News, radio, television, culture, Internet information services and other units should carry out targeted publicity and education against organized crime for the society.
Article 11 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 to combat organized crime, enhance students' awareness of preventing organized crime, educate and guide students to consciously resist organized crime and prevent organized crime.
If the school finds that organized crime infringes on students' personal and property safety, interferes with the order of the campus and surrounding areas, or recruits students by organized criminal organizations, or students participate in organized criminal activities, it shall stop it in time, take preventive measures, and report to the public security organs and the education administrative departments.
Article 12 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.
Article 13 The departments in charge of market supervision, financial supervision, natural resources, transportation and other industries shall, jointly with the public security organs, establish and improve a long-term mechanism for the prevention and control of organized crime in their industries, monitor and analyze the organized crime situation in related industries, and strengthen the supervision and management of industries where organized crime is frequent.
Fourteenth supervisory organs, people's courts, people's procuratorates and public security organs may put forward opinions and suggestions in writing to the relevant industry authorities when they find problems in the prevention and control of organized crime. The competent departments of relevant industries shall promptly handle and give written feedback.
Fifteenth public security organs can jointly with relevant departments, according to the situation of local organized crime, determine the key prevention and control areas, industries or places. Management units in key areas, industries or places shall take effective measures to strengthen management and report their work to the public security organs in a timely manner.
Sixteenth telecom operators and Internet service providers shall fulfill their obligations of network information security management according to law, and take security technical precautions to prevent information dissemination containing propaganda and inducing organized crime; If information containing propaganda and inducement of organized crime is found, it shall immediately stop spreading, take measures such as elimination, keep relevant records, report to the public security organ or relevant departments, and provide technical support and assistance for the public security organ to investigate and deal with organized crime according to law. Network information, telecommunications, public security and other competent departments. Should be in accordance with the division of responsibilities, timely order the relevant units to stop transmission, take measures such as elimination, or remove the relevant applications, shut down the relevant websites and shut down related services. The relevant units shall immediately implement it and keep relevant records to assist in the investigation. The telecommunications authorities shall take technical measures to stop the above information from spreading on the Internet from abroad.
Seventeenth the State Council anti-money laundering administrative departments 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.
Article 18 Prisons, detention centers and community correction institutions shall take targeted supervision, education and correction measures against criminals who commit organized crimes.
After a criminal of organized crime is released from prison, the judicial administrative organ shall, jointly with relevant departments, implement necessary measures such as resettlement and education to promote his smooth integration into society.
Article 19 A public security organ at or above the municipal level divided into districts may decide to report personal property and daily activities to the public security organ in accordance with the relevant provisions of the state from the date of execution of the punishment. The reporting period shall not exceed five years.
Article 20 Where the organizers, leaders and ringleaders of criminal underworld organizations run enterprises or serve as senior managers in enterprises, the relevant industry authorities shall examine them according to law and strengthen the supervision and management of their business activities.
Twenty-first exit and entry administration, customs, marine police and other departments shall, in conjunction with the public security organs, closely guard against the infiltration, development and implementation of illegal and criminal activities by overseas underworld organizations.
Entry-exit certificate issuing authorities and entry-exit administrative agencies have the right to decide not to allow entry, not to issue entry certificates or to declare their entry certificates invalid.
Exit-entry administration, customs, marine police and other departments shall notify the public security organs in time when they find the personnel of overseas underworld organizations entering the country. If the relevant personnel are found to be suspected of violating the laws of China or finding articles suspected of organized crime, they should be detained according to law and dealt with promptly.
Chapter III Handling of Cases
Article 22 In handling criminal cases involving organized crimes of a triad nature, we should take facts as the basis, take the law as the criterion, and adhere to the principle of combining leniency with severity.
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.
If a criminal suspect or defendant of an organized crime voluntarily confesses his crime truthfully, admits the accused criminal facts and is willing to accept punishment, he may be treated leniently according to law.
Article 23 If a crime committed through the Internet meets the provisions of Article 2 of this Law, it shall be recognized as an organized crime.
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.
Twenty-fourth public security organs should use modern information technology in accordance with the law, establish a mechanism for collecting and judging clues of organized crime, and dispose of them by classification.
After receiving reports, complaints and reports on organized crime, the public security organ shall make statistics, analysis and judgment in time, organize verification or transfer them to the relevant competent authorities for handling according to law.
Twenty-fifth relevant state organs in the performance of their duties found clues about organized crime, or received reports of organized crime, should be promptly transferred to the public security organs and other competent authorities for handling according to law.
Twenty-sixth public security organs can take investigation measures in accordance with the relevant provisions of the state. Where the public security organ collects and obtains relevant information and materials from relevant units and individuals, the relevant units and individuals shall truthfully provide them.
Twenty-seventh public security organs to verify the clues of organized crime, with the approval of the person in charge of public security organs at or above the county level, can inquire about the criminal suspect's deposits, remittances, bonds, stocks, fund shares and other property information.
If the public security organ checks the clues of organized crime of underworld nature and finds that the property involved is in danger of emergency loss or transfer, it may take emergency measures such as stopping payment or temporarily freezing or withholding the property involved with the approval of the person in charge of the public security organ at or above the municipal level, and the period shall not exceed 48 hours. If the time limit expires or the situation of implementing emergency measures disappears, the emergency measures shall be lifted immediately.
Twenty-eighth public security organs to check the clues of organized crime, found criminal facts or criminal suspects, should be in accordance with the "People's Republic of China (PRC) Criminal Procedure Law" for investigation.
Article 29 When handling organized crime cases, the public security organ may, according to the provisions of the Law of People's Republic of China (PRC) on Exit and Entry Administration, decide to take measures to restrict the exit of criminal suspects, and notify the exit and entry administration authorities to implement them.
Thirtieth of the criminal suspects and defendants in criminal cases of organized crime of underworld nature, according to the needs of handling cases and maintaining supervision order, can take measures such as detention in different places, detention alone or detention alone. If measures of detention in different places are taken, the criminal suspect, the defendant's family and the defender shall be notified according to law.
Article 31 After placing a case on file, the public security organ may, according to the needs of investigating crimes and in accordance with the provisions of the Criminal Procedure Law of People's Republic of China (PRC), take technical investigation measures, implement controlled delivery, or let the relevant personnel conceal their identities for investigation.
Article 32 If a criminal suspect or defendant reports or exposes other accomplices in a major crime or provides important clues and evidence for the detection of a major case, and handling the case together may cause personal danger to himself or his close relatives, they may be dealt with separately.
Article 33 Criminal suspects and defendants actively cooperate with the investigation, prosecution and trial of organized crime cases. Under any of the following circumstances, the punishment may be lenient according to law, but it shall be strictly applied to the organizers and leaders of organized crime:
(1) Providing important clues or evidence for finding out the organizational structure of a criminal organization and the position and role of its organizers, leaders and ringleaders;
(2) Providing important clues or evidence for determining that a criminal organization has committed a major crime;
(3) Providing important clues or evidence for investigating and handling organized crimes committed by state functionaries;
(four) to assist in the recovery and confiscation of stolen money that has not yet been mastered;
(5) Other circumstances that provide important clues or evidence for investigating and handling criminal cases of organized crime of underworld nature.
If a criminal suspect or defendant who participates in an organized criminal organization does not prosecute or is exempted from criminal punishment, he may be admonished, ordered to make a statement of repentance, apologize and compensate for the losses, or be given administrative sanctions or penalties by the competent department according to the different circumstances of the case.
Article 34 Organizers and leaders of underworld organizations shall be confiscated according to law. Members of other organizations may, according to their position and role in criminal organizations, as well as the number, nature, amount and losses caused by illegal gains, impose fines or confiscate property.
Article 35 The executing organ shall strictly control the criminals of organized crime according to law.
If the organizers, leaders and ringleaders of underworld organizations are sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty with a two-year suspension, they shall be executed in different places across provinces, autonomous regions and municipalities directly under the Central Government.
Article 36 For the organizers, leaders and ringleaders of underworld organizations who have been sentenced to fixed-term imprisonment of more than 10 years, life imprisonment or death penalty with a two-year suspension, the executing organ shall put forward a proposal for commutation according to law, which shall be submitted to the prison administration organs of provinces, autonomous regions and municipalities directly under the Central Government for examination and approval, and then submitted to the people's court for ruling.
If the organizers, leaders and ringleaders of underworld organizations are released on parole, the procedures prescribed in the preceding paragraph shall apply.
Article 37 When a people's court tries a case of commutation or parole of a criminal of an underworld organization, it shall notify the people's procuratorate and the executing organ to participate in the trial, and notify the criminal who has been reported for commutation or parole to participate and listen to his opinions.
Article 38 When an executing organ puts forward a proposal for commutation or parole, the people's court shall fully consider the criminal's performance of the property judgment in the effective judgment and cooperate with the disposal of the property involved.
Chapter IV Identification and Disposal of the Property Involved in the Case
Article 39 All kinds of property and documents found in handling organized crime cases that can prove the guilt or innocence of criminal suspects and defendants shall be sealed up and detained according to law.
Public security organs, people's procuratorates and people's courts may, in accordance with the provisions of the Criminal Procedure Law of People's Republic of China (PRC), inquire about and freeze the deposits, remittances, bonds, stocks, fund shares and other properties of criminal suspects and defendants. The relevant units and individuals shall cooperate.
Article 40 Public security organs, people's procuratorates and people's courts may, according to the needs of handling organized crime cases, comprehensively investigate the property status of organizations and their members suspected of organized crime.
Article 41 The seizure, seizure, freezing and disposal of the property involved shall be carried out in strict accordance with the statutory conditions and procedures, the legitimate property rights and interests of citizens and organizations shall be protected in accordance with the law, illegal gains and legal property shall be strictly distinguished, and the personal property and the property of family members shall be reduced to reduce the adverse impact on the normal business activities of enterprises. No property irrelevant to the case may be sealed up, detained or frozen. The property found to be really irrelevant to the case shall be released from seizure, seizure and freezing within three days and returned. The lawful property of the victim shall be returned in time.
When sealing up, distraining or freezing the property involved, necessary living expenses and articles shall be reserved for the criminal suspect, defendant and their dependents.
Article 42 The public security organ may inquire about the information and materials related to organized crime from the anti-money laundering administrative department and ask it to assist in the investigation of suspicious trading activities related to organized crime, and the anti-money laundering administrative department shall cooperate and reply in time.
Article 43 With the approval of the public security organ, the people's procuratorate or the people's court at or above the county level, the following properties may be sold, sold or auctioned in advance according to law, and the proceeds shall be kept by the seizure and freezing organ, and the criminal suspect, defendant or their close relatives shall be informed in time:
(1) Articles that are easily damaged, lost or deteriorated and should not be preserved for a long time;
(2) Bills of exchange, promissory notes, checks, etc. Its validity period is about to expire;
(three) bonds, stocks, fund shares and other property, after the application of the right holder, the sale will not harm the interests of the state, the interests of the victims, nor will it affect the normal litigation.
Article 44 Public security organs and people's procuratorates shall inspect and screen the property involved. When transferring for examination and prosecution or bringing a public prosecution, opinions on the handling of the property involved shall be put forward.
In the process of trying organized crime cases, the facts and evidence related to the nature and ownership of the property involved should be investigated and debated in court. The people's court shall make a judgment according to law and deal with the property involved.
Article 45 All property illegally obtained by organized criminal organizations and their members, as well as fruits, profits, contraband and personal belongings used in crimes, shall be recovered, confiscated or ordered to make restitution according to law.
If the property involved, which should be recovered and confiscated according to law, cannot be found, lost or mixed with other legal property, it can be recovered and confiscated.
The fact that the defendant committed organized crime of underworld nature has been ascertained, and there is evidence to prove that the property he obtained during the crime period may be highly illegal gains and fruits of organized crime of underworld nature. If the defendant cannot explain the legal source of the property, it shall be recovered and confiscated according to law.
Article 46 In any of the following circumstances, the property involved shall be recovered and confiscated according to law:
(1) Providing property to organized criminal organizations and their members to support or finance organized criminal activities;
(two) the part of the family property of members of an organized criminal organization that is actually used to support organized criminal activities;
(3) Property and fruits obtained by organized criminal organizations and their members from illegal and criminal activities.
Article 47 If a criminal suspect or defendant in a criminal case involving organized crime of a triad nature is at large and cannot appear in the case after being wanted for one year, or if the criminal suspect or defendant dies, his illegal gains and other property involved shall be recovered in accordance with the provisions of the Criminal Law of People's Republic of China (PRC). It shall be handled in accordance with the provisions of the Criminal Procedure Law of People's Republic of China (PRC) on the procedures for the confiscation of illegal income of criminal suspects and defendants in escape and death cases.
Forty-eighth supervisory organs, public security organs and people's procuratorates shall investigate and deal with money laundering activities related to organized crime or conceal or conceal the proceeds of crime according to law.
Forty-ninth interested parties have objections to the seizure, seizure, freezing and disposal of the property involved, the public security organs, people's procuratorates and people's courts shall promptly verify, listen to opinions and deal with them according to law.
After the public security organs, people's procuratorates and people's courts handle the property involved, if the interested parties are not satisfied with the handling, they may lodge a complaint or accusation.
Chapter V Handling of State functionaries' Participation in Organized Crime
Article 50 State functionaries who commit any of the following acts shall be investigated comprehensively and dealt with according to law:
(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.
Article 51 Supervisory organs, people's courts, people's procuratorates, public security organs and judicial administrative organs shall strengthen cooperation and establish a communication mechanism for clue handling. When a state functionary is found to be suspected of committing a crime as stipulated in Article 50 of this Law, he shall be dealt with according to law or promptly transferred to the competent authority for handling.
Any unit or individual has the right to report, accuse and report to the supervisory organ, the people's procuratorate, the public security organ and other departments when it discovers the illegal and criminal acts of state functionaries related to organized crime. After receiving reports, complaints and reports, the relevant departments shall deal with them in a timely manner.
Article 52 State functionaries who investigate and deal with organized crime cases according to law or who support and assist in investigating and dealing with organized crime cases according to their duties shall not commit the following acts:
(a) received reports, complaints, reports are not accepted, found that illegal and criminal information, clues to conceal, or unauthorized disposal, not to hand over illegal and criminal clues, materials involved;
(2) Informing criminals and obstructing the investigation of a case;
(3) Handling cases in violation of facts and laws;
(four) in violation of the provisions of the seizure, seizure, freezing and disposal of the property involved;
(five) other acts of abuse of power, dereliction of duty, favoritism.
Article 53 After receiving the report that law enforcement and judicial personnel are engaged in cracking down on organized crime, the relevant authorities shall handle it according to law to prevent criminal suspects and defendants from using the report to interfere with handling cases and take revenge.
Those who report distorted and fabricated facts and falsely accuse and frame law enforcement and judicial personnel engaged in combating organized crime shall be investigated for responsibility according to law; If it causes adverse effects, it shall promptly clarify the facts, restore its reputation and eliminate the adverse effects in accordance with the regulations.
Chapter VI International Cooperation
Article 54 People's Republic of China (PRC) cooperates with other countries, regions and international organizations to combat organized crime on the basis of international treaties concluded or acceded to, or on the principle of equality and reciprocity.
Article 55 Under the authorization of the State Council, the relevant departments of the State Council, on behalf of the China government, carry out information exchange and law enforcement cooperation with foreign governments and relevant international organizations to combat organized crime.
The State Council public security departments should strengthen cross-border police cooperation in combating organized crime and promote the establishment of police cooperation mechanisms with relevant countries and regions. With the approval of the public security department of the State Council, the public security organs in border areas can establish a mechanism for cross-border organized crime information exchange and police cooperation with the law enforcement departments of neighboring countries or regions.
Article 56 Criminal judicial assistance and extradition involving organized crime shall be handled in accordance with the provisions of relevant laws.
Article 57 Materials obtained through international cooperation in combating organized crime may be used as evidence in administrative punishment and criminal proceedings, except those that are not used as evidence according to the provisions of the treaty or China's commitment.
Chapter VII Safeguard Measures
Article 58 The state provides necessary organizational, institutional and material guarantees for the fight against organized crime.
Article 59 Public security organs and relevant departments shall, in accordance with their duties, establish and improve professional forces to combat organized crime, strengthen the construction of talent teams and professional training, and enhance their working ability to combat organized crime.
Article 60 the State Council and local people's governments at or above the county level shall, in accordance with the division of powers, include funds for combating organized crime in their fiscal budgets at the corresponding levels.
Article 61 If the personal safety of himself or his close relatives is endangered by reporting, accusing or stopping organized criminal activities and testifying in organized criminal cases, the public security organ, the people's procuratorate and the people's court shall take one or more of the following protective measures in accordance with the relevant provisions:
(1) Not disclosing personal information such as real name, address and work unit;
(2) Taking measures such as not revealing appearance and true voice to testify in court;
(3) Prohibiting specific persons from contacting protected persons;
(four) to take special protective measures for individuals and houses;
(5) changing the identity of the protected person and rearranging the residence and work unit;
(6) Other necessary protective measures.
Article 62 The public security organ shall take the protective measures stipulated in Items (3) and (4) of Article 61 of this Law. According to Item 5 of Article 61 of this Law, the change of the identity of the protected person shall be implemented with the approval of the public security department of the State Council.
Public security organs, people's procuratorates and people's courts shall take protective measures according to law, and relevant units and individuals shall cooperate with them.
Article 63 Where the personnel of an organized crime cooperate in investigation, prosecution and trial and play an important role in detecting a case or ascertaining the facts of the case, the provisions on witness protection may be referred to.
Article 64 Law enforcement and judicial personnel handling organized crime cases and their close relatives may take protective measures such as personal protection and prohibiting contact with specific personnel.
Article 65 Persons who are disabled or die in the fight against organized crime due to performing their duties or assisting or cooperating with relevant departments in the fight against organized crime shall be given corresponding treatment in accordance with relevant state regulations.
Chapter VIII Legal Liability
Article 66 Whoever organizes, leads or participates in an underworld organization or any functionary of a state organ harbors or connives at crimes committed by an underworld organization or an evil organization shall be investigated for criminal responsibility according to law.
Members of overseas underworld organizations who recruit members to commit crimes in People's Republic of China (PRC) and commit crimes against People's Republic of China (PRC), the state or citizens abroad shall be investigated for criminal responsibility according to law.
Article 67 Whoever encourages minors to join underworld organizations or overseas underworld organizations, instigates or lures minors to commit organized crimes, or infringes on the legitimate rights and interests of minors to commit organized crimes, shall be severely investigated for criminal responsibility according to law.
Article 68 The people's court may, in accordance with the relevant provisions of the Criminal Law of People's Republic of China (PRC) on the prohibition of employment, prohibit criminals from engaging in related occupations and notify the relevant industry authorities.
Article 69 If one of the following circumstances does not constitute a crime, the public security organ shall detain him for more than five days and less than ten days, and may also impose a fine of less than 10,000 yuan; If the circumstances are serious, they shall be detained for more than 10 and less than 15, and fined for more than 1 10,000 yuan and less than 30,000 yuan; Illegal income shall be confiscated, except that it shall be returned to the victim according to law:
(a) to participate in overseas underworld organizations;
(2) actively participating in evil organizations;
(3) instigating or deceiving others to join an organized criminal organization, or preventing others from quitting the organized criminal organization;
(4) Providing support, help and convenience such as funds and places for organized criminal activities;
(5) knowingly preventing others from exposing organized crime and providing evidence of organized crime, or refusing to provide evidence when the judicial organ investigates and collects relevant evidence from others.
Whoever instigates or induces minors to join an organized criminal organization, or prevents minors from quitting an organized criminal organization, which does not constitute a crime, shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Article 70 Whoever, in violation of the provisions of Article 19 of this Law, fails to truthfully report his personal property and daily activities according to the decision of the public security organ shall be given a warning by the public security organ and ordered 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.
Article 71 If financial institutions and other relevant units fail to assist the public security organs to take emergency payment suspension or temporary freezing measures in accordance with the provisions of Article 27 of this Law, the public security organs shall order them to make corrections; Refuses to correct, by the public security organs at more than 50 thousand yuan to 200 thousand yuan fine, the directly responsible person in charge and other directly responsible personnel at a fine of 50 thousand yuan; If the circumstances are serious, the public security organ may suggest that the relevant competent department give punishment to the directly responsible person in charge and other directly responsible personnel according to law.
Seventy-second telecom operators and Internet service providers are under any of the following circumstances, and the relevant competent departments shall order them to make corrections; Refuses to correct or if the circumstances are serious, the relevant competent departments shall be punished in accordance with the relevant provisions of the Cyber Security Law of the People's Republic of China:
(a) Refusing to provide technical support and assistance for the investigation of organized crime;
(2) Failing to stop sending information containing propaganda and inducement of organized crime as required by the competent department, taking measures such as elimination, and keeping relevant records.
Article 73 If the relevant state organs and industry departments refuse to perform or delay the statutory duties of anti-organized crime, or refuse to cooperate with the investigation and evidence collection of anti-organized crime, or abuse the relevant measures of anti-organized crime in other work, their higher authorities shall order them to make corrections; If the circumstances are serious, the responsible leaders and persons directly responsible shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 74 The relevant departments, units and individuals shall keep confidential the state secrets, business secrets and personal privacy they know in the fight against organized crime. Anyone who divulges state secrets, business secrets and personal privacy in violation of regulations shall be investigated for legal responsibility according to law.
Article 75 Any State functionary who commits one of the acts listed in Articles 50 and 52 of this Law, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished according to law.
Article 76 If a relevant unit or individual refuses to accept the decision on administrative punishment or administrative compulsory measures made in accordance with this Law, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter IX Supplementary Provisions
Article 77 This Law shall come into force as of May 6, 2022.
Legal basis:
People's Republic of China (PRC) Law on Combating Organized Crime