Chapter I General Principles
Article 1 These Provisions are formulated in accordance with the People's Police Law of the People's Republic of China and other relevant laws and regulations, and in combination with the actual work of public security, in order to ensure that public security organs and their people's police correctly perform their duties according to law and protect the legitimate rights and interests of citizens, legal persons and other organizations.
Article 2 The term "law enforcement fault" as mentioned in these Provisions refers to the error in ascertaining facts, applying laws, violating legal procedures or other law enforcement errors caused by the people's police of public security organs in the course of performing their duties intentionally or negligently.
Article 3 The accountability of law enforcement faults shall follow the principles of seeking truth from facts, correcting mistakes, adapting crimes to punishments, and combining education with punishment.
Article 4 The public security department, the legal department, the supervision department and the personnel department shall support each other and actively cooperate with each other in the investigation of law enforcement fault liability.
Article 5 Units and people's police who have made remarkable achievements in timely discovering, stopping and correcting law enforcement faults of public security organs shall be commended and rewarded.
Chapter II Investigation Scope and Determination of Law Enforcement Fault Liability
Article 6 When performing their duties, the people's police of public security organs shall be investigated for law enforcement fault liability under any of the following circumstances:
(a) in violation of the provisions of the law, the criminal and administrative cases that should be filed or revoked are not filed or revoked, and the cases that should not be filed or revoked are not filed or revoked;
(2) Practicing fraud, extorting confessions by torture, deceiving confessions, inducing confessions or forcing witnesses to testify, or making major mistakes or omissions in the inquest, inspection and appraisal, resulting in improper handling of the case;
(three) due to the subjective fault of the case handler, the main criminal facts of the case are wrong, and the procuratorate refuses to approve the arrest, does not prosecute or the people's court decides not to be guilty;
(four) the arrest should be reported but not reported, resulting in the procuratorate arresting more major criminal suspects when examining and approving the arrest;
(five) reported reeducation through labor and juvenile detention education, due to the subjective fault of the case handlers, resulting in the main facts of the case error, the examination and approval authority or the relevant departments shall not approve;
(six) due to the subjective fault of the case handlers, the main facts of the case are wrong or the legal procedures are seriously violated, and the specific administrative act is revoked by the people's court or the reconsideration organ;
(seven) to take criminal detention, bail pending trial, residential surveillance and other criminal compulsory measures. Mishandling a person who has no criminal facts or no evidence to prove that he is suspected of a major crime, or handling a case beyond the statutory time limit;
(eight) illegal detention, fines, revocation of permits and licenses, confiscation of property and other administrative penalties or reeducation through labor, juvenile detention, education and other measures to restrict personal freedom;
(nine) in violation of the law, apply for medical parole, execution;
(ten) in violation of the law, take compulsory measures such as seizure, seizure and freezing of property, or collect property and fees in violation of state regulations;
(eleven) in violation of the law, the use of police equipment and weapons, the circumstances are bad or cause serious consequences;
(twelve) in violation of the law, hinder the parties from exercising their legitimate rights such as appeal, accusation, hearing, reconsideration and litigation, and the circumstances are bad or cause serious consequences;
(thirteen) do not perform the duties of handling cases, or hinder the public security organs in different places to handle cases according to law, and the circumstances are bad or cause serious consequences;
(fourteen) the wrong execution or refusal to execute the legally effective criminal, administrative judgment, reconsideration decision and other decisions and orders to correct illegal acts, resulting in serious consequences;
(fifteen) refusing or delaying the performance of statutory duties, resulting in serious consequences;
(sixteen) other intentional or negligent violations of laws, regulations and rules, should be investigated for law enforcement fault.
Article 7 If a public security organ makes mistakes in law enforcement, it shall, according to the respective duties of the people's police in handling cases, distinguish between different situations, and investigate the responsibilities of the case approver, examiner, case handler, expert witness and other directly responsible personnel respectively.
Eighth investigators, auditors and approvers who intentionally or negligently caused the fault of law enforcement shall bear the responsibility respectively, among which the approver shall bear the main responsibility.
Ninth in the process of examination and approval, the approver changes or does not adopt the correct opinions of the case handlers and auditors, resulting in law enforcement mistakes, and the approver shall bear all the responsibilities.
Tenth in violation of the prescribed procedures, ultra vires exercise of authority caused by law enforcement fault, the person directly responsible shall bear the responsibility.
Article 11 If the undertaker or auditor practices fraud and conceals the truth, which leads to the wrong approval of the approver and leads to the fault of law enforcement, the undertaker or auditor shall bear the main responsibility.
Twelfth because the appraiser provides false and wrong conclusions, resulting in the fault of law enforcement, the appraiser shall bear the main responsibility.
Thirteenth lower-level public security organs in accordance with the provisions of the case to the higher-level public security organs for instructions, because the higher-level public security organs reply, decision errors caused by law enforcement fault, by the higher-level public security organs responsible personnel to bear the responsibility.
Fourteenth in any of the following circumstances, the people's police will no longer be held responsible for changing the nature and handling of cases:
(a) the legal provisions are unclear or the relevant judicial interpretations are inconsistent;
(2) An error occurs due to unforeseeable or irresistible reasons;
(3) to carry out orders from superiors;
(four) to assist in handling cases in accordance with the provisions of cooperative handling cases.
Chapter III Handling of Persons Responsible for Law Enforcement Faults
Fifteenth law enforcement fault responsibility personnel, should be based on their illegal facts, circumstances, consequences and degree of responsibility, respectively, shall be investigated for administrative responsibility, economic responsibility and criminal responsibility.
Sixteenth responsible persons for law enforcement faults shall be dealt with in accordance with the relevant provisions:
(1) dismissal;
(2) Transfer from public security organs within a time limit;
(3) Stop performing duties;
(4) Deferred promotion and promotion;
(5) informed criticism;
(six) cancel the selection of advanced qualifications;
(7) off-the-job training;
(eight) ordered to make a written examination;
(nine) to reduce or stop the post allowance and bonus.
Seventeenth law enforcement officers who are responsible for violations of law and discipline shall be punished in accordance with the People's Police Law of the People's Republic of China, the Provisional Regulations on State Civil Servants and the relevant provisions of the public security organs.
Eighteenth law enforcement fault responsibility personnel behavior has constituted a crime, should be investigated for criminal responsibility, should be handed over to the relevant departments.
Article 19 In a case where the public security organ is liable for state compensation according to law, in addition to investigating the responsibility for law enforcement fault in accordance with the above provisions, it shall also recover part or all of the compensation expenses from the responsible personnel in accordance with the provisions of the State Compensation Law of People's Republic of China (PRC).
Twentieth public security organs in the case of law enforcement fault caused adverse effects and serious consequences, in addition to the responsibility of the directly responsible personnel, it should also be handled in accordance with the "Interim Provisions" of public security organs to investigate leadership responsibilities.
Twenty-first public security bureaus, police stations and case-handling units with serious or repeated law enforcement faults may not select advanced collectives this year.
Twenty-second the handling of law enforcement fault responsibility should be recorded in the file, as an important basis for the assessment, grading, promotion and promotion of the people's police of public security organs.
Twenty-third any of the following circumstances, can be given a lighter or exempted from law enforcement fault liability:
(a) due to minor negligence caused by law enforcement fault;
(two) take the initiative to admit mistakes and correct them in time;
(three) after the fault of law enforcement, cooperate with the relevant departments to reduce losses and recover the impact;
(four) the circumstances are minor, without causing serious consequences.
Twenty-fourth any of the following circumstances, should be seriously investigated for law enforcement fault liability:
(a) due to favoritism, favoritism, torture, intentional retaliation, framing and other intentional mistakes in law enforcement;
(two) hinder the law enforcement fault accountability;
(3) retaliating against an informer, accusation or complainant;
(four) the fault of law enforcement has occurred many times in a row;
(five) the circumstances are bad and the consequences are serious.
Chapter IV Procedures for Investigating the Responsibility of Law Enforcement Faults
Twenty-fifth should be investigated for law enforcement fault liability, by the public security organs responsible for law enforcement fault liability; If the public security organ at a higher level considers it necessary, it may directly investigate and deal with the cases of law enforcement errors that occurred in the public security organ at a lower level.
Twenty-sixth public security legal department is responsible for the inspection and identification of law enforcement fault cases, and put forward rectification opinions.
The public security business department shall take the initiative to check and correct the cases of law enforcement faults in its own department.
If it is necessary to investigate the disciplinary responsibility of law enforcement faults, the legal department or business department shall put forward opinions and report them to the inspector department or personnel department, which shall report them to the chief executive of the public security organ for examination and approval.
Twenty-seventh people's police who have been investigated for law enforcement fault liability may appeal to the public security organ at the same level or higher level if they are not satisfied with the decision to investigate law enforcement fault liability; The public security organ that accepts the complaint shall make a reply within 30 days. Where laws and regulations provide otherwise, it shall be handled in accordance with the relevant provisions.
Chapter V Supplementary Provisions
Twenty-eighth provinces, autonomous regions and municipalities directly under the central government, public security departments and bureaus may, in accordance with these regulations, formulate implementation measures in light of local actual conditions.
Article 29 The Legislative Affairs Bureau of the Ministry of Public Security shall be responsible for the interpretation of these Provisions.