Anti-organized Crime Law of the People's Republic of China
(Adopted at the 32nd Meeting of the Standing Committee of the Thirteenth National People's Congress on December 24, 2021)
Contents
Chapter I General Provisions
Chapter II Prevention and Governance
Chapter III Case Handling
Chapter IV Identification and Disposition of Property Involved in a Case
Chapter V Dealing with State Functionaries Involved in Organized Crime
Chapter VI International Cooperation
Chapter VII Safeguard Measures
Chapter Ⅷ Legal Liability
Chapter Ⅸ Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution for the purposes of preventing and punishing organized crime, strengthening and regulating anti-organized crime work, safeguarding national security, social and economic order, and protecting the lawful rights and interests of citizens and organizations.
Article 2 For purposes of this Law, "organized crime" refers to the crime of forming, leading or participating in an organization of the gang nature as defined in Article 294 of the Criminal Law of the People's Republic of China, or crimes committed by an organization of the gang nature or a vicious organization.
For purposes of this Law, "a vicious organization" means a criminal organization which frequently gathers its members to commit criminal or other illegal activities in a certain area or industry, using violence, threat or other means, perpetrates all kinds of evils, bullies and oppresses the people, disrupts social and economic order, and causes considerably bad social influence, but has not developed into an organization of the gang nature.
This Law is applicable to overseas criminal gangs that recruit members or commit crimes within the territory of the People's Republic of China, or commit crimes against the People's Republic of China or its citizens outside the territory of the People's Republic of China.
Article 3 Anti-organized crime work shall adhere to the holistic view of national security, comprehensively adopt legal, economic, scientific and technological, cultural, educational and other means, and establish and improve working mechanisms as well as prevention and governance systems against organized crime.
Article 4 Anti-organized crime work shall adhere to a combination of specialized work and the mass line, and a combination of specialized governance and systematic governance. The work shall be combined with anti-corruption work and with the strengthening of organizations at the primary level, paying equal attention to punishment and prevention and dealing with both symptoms and root causes of organized crime.
Article 5 Anti-organized crime work shall be conducted in accordance with the law, while human rights being respected and protected, and the lawful rights and interests of citizens and organizations safeguarded.
Article 6 Supervisory organs, the people's courts, the people's procuratorates, public security organs, judicial administrative organs and other relevant state organs shall, in accordance with the division of duties, cooperate with each other and check each other to properly conduct anti-organized crime work in accordance with the law.
Relevant departments shall mobilize and rely on villagers' committees, residents' committees, enterprises, public institutions and social organizations to jointly conduct anti-organized crime work.
Article 7 Any entity or individual has the obligation to assist and cooperate with relevant departments in conducting anti-organized crime work.
The state protects entities and individuals who assist and cooperate in anti-organized crime work in accordance with the law.
Article 8 The state encourages entities and individuals to report organized crimes.
Entities and individuals that have reported organized crimes or have made outstanding contributions to anti-organized crime work shall be commended and rewarded in accordance with relevant regulations of the state.
Chapter Ⅱ Prevention and Governance
Article 9 The people's governments and relevant departments at all levels shall, in accordance with the law, organize and carry out the prevention and governance of organized crime and include it in their evaluation systems.
Villagers' committees and residents' committees shall assist the people's governments and relevant departments in the prevention and governance of organized crime.
Article 10 Departments responsible for the prevention and governance of organized crime shall carry out publicity and education against organized crime so as to enhance citizens' awareness and ability to fight against organized crime.
Supervisory organs, the people's courts, the people's procuratorates, public security organs and judicial administrative organs shall carry out publicity and education against organized crime by promoting the law and interpreting the law with cases.
Entities providing news report, radio, television, cultural, and internet information services, etc., shall carry out targeted publicity and education against organized crime for the public.
Article 11 Administrative departments of education and schools shall, in conjunction with relevant departments, establish working mechanisms to prevent organized crime from penetrating the campuses, strengthen publicity and education against organized crime, increase students' awareness against organized crime, and educate and guide them to consciously resist and protect themselves from organized crime.
Where a school discovers that an organized crime endangers a student's personal or property safety or disrupts campus order and public order of surrounding areas, that an organized crime group develops new members among the students, or that a student participates in organized crime, the school shall, in a timely manner, put a stop to these activities, adopt preventive measures, and report to the public security organ and the administrative department of education.
Article 12 Civil affairs departments shall examine the qualifications of candidates for membership of villagers' committees and residents' committees in conjunction with supervisory organs, public security organs and other relevant departments. In case a candidate is found to have been subjected to criminal punishment for committing organized crime, the aforementioned departments or organs shall deal with the issue in a timely manner in accordance with relevant regulations, and they shall, upon discovering any clues to organized crime, report them to the public security organ.
Article 13 Relevant departments in charge of market regulation, financial regulation, natural resources, transport and other industries shall, in conjunction with public security organs, establish and improve long-term mechanisms for the prevention and governance of organized crime in these industries to monitor and analyze the situation of organized crime and to strengthen the supervision and administration of certain industries prone to organized crime.
Article 14 Supervisory organs, the people's courts, the people's procuratorates and public security organs may send written opinions and advice to the departments in charge of specific industries when they identify, in the course of handling cases, problems in the work of these departments concerning prevention and governance of organized crime. The departments in charge of relevant industries shall deal with such problems and provide written feedback in time.
Article 15 The public security organ may, in conjunction with relevant departments, determine the key areas, industries, or venues in prevention and governance of organized crime according to such crimes already committed in the local region.
Management entities of key areas, industries or venues shall take effective measures to strengthen management and report their work to public security organs in time.
Article 16 Telecommunication business operators and internet service providers shall perform their management obligations in network information security in accordance with the law and take relevant technical precautions to prevent the dissemination of information with contents advocating or inducing organized crime. Upon finding any such information, they shall immediately terminate its transmission, adopt measures including deletion of such information, keep the relevant records, report the situation to public security organs or other relevant departments, and provide technical support and assistance for public security organs to investigate organized crime in accordance with the law.
With respect to the information with contents advocating or inducing organized crime, the departments in charge of cyberspace administration, telecommunications, and public security shall, in accordance with the division of duties, give a timely order to relevant entities to terminate its transmission, delete the information or take other measures, or to remove relevant apps, shut down relevant websites, or end relevant services. The relevant entities shall immediately implement these orders, keep relevant records, and assist with the investigation. For such information originating from overseas on the internet, the departments in charge of telecommunications shall take technical measures to stop the dissemination in a timely manner.
Article 17 The anti-money laundering administrative department under the State Council and other relevant departments and institutions under the State Council shall prompt financial institutions and specific non-financial institutions to fulfill their anti-money laundering obligations. Upon discovery of a suspicious transaction that may involve organized crime, the relevant department in charge may conduct investigation in accordance with the law, and shall report the case to the public security organ in a timely manner if the suspicion of money laundering cannot be ruled out after investigation.
Article 18 Prisons, detention centers and community correction institutions shall take targeted supervisory, educational and corrective measures for criminals who committed organized crime.
When a criminal who committed organized crime is released after serving his sentence, the judicial administrative organ shall, in conjunction with relevant departments, implement necessary measures such as resettlement, assistance and education, so as to facilitate the criminal's integration into the society.
Article 19 For a person sentenced to criminal punishment for forming or leading an organization of the gang nature, a public security organ at or above the level of cities divided into districts may decide that the person must report his personal property and daily activities to the public security organ in accordance with relevant state regulations from the day when the execution of punishment is completed. The reporting period shall not exceed five years.
Article 20 When an organizer or leader of an organization of the gang nature or a ringleader of a vicious organization, who was sentenced to criminal punishment runs an enterprise or serves as a senior manager in an enterprise, the departments in charge of relevant industries shall conduct examination in accordance with the law and strengthen supervision and administration of the enterprise's business activities.
Article 21 The immigration control, customs, coast guard and other departments shall, in conjunction with public security organs, guard against the entry of overseas criminal gangs and prevent them from infiltrating or developing in China or conducting criminal and other illegal activities.
Organs issuing exit and entry documents and immigration control agencies have the authority to decide not to allow members of overseas criminal gangs to enter China, not to issue entry documents to them, or to declare their entry documents invalid.
The immigration control, customs, coast guard and other departments shall promptly notify public security organs of the entry of overseas criminal gang members after discovering their entry. Where relevant personnel are suspected of violating Chinese laws or possessing items related to organized crime, they shall be detained and dealt with in time in accordance with the law.
