Judicial System

Provisions on transferring criminal cases amended

Updated: Aug 15, 2020 english.www.gov.cn Print
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The amendments to the Provisions on Transferring Suspected Criminal Cases by Administrative Organs for Law Enforcement was released on Aug 14 , according to a decree of the State Council signed by Premier Li Keqiang.

The revised law shall come into force upon issuance.

A new term is added to Article 3 as Term 2. That is “Regarding cases violating laws and rules in the field of intellectual property, if administrative organs for law enforcement believe that there are reasonable criminal suspicions based on collected evidences and investigated facts, and need public security agencies to take measures to obtain further evidences to determine whether they meets the standards for prosecuting as criminal cases, they should transfer such cases to public security organs.”

The "administrative sanctions" in Articles 15, 16 and 17 are changed to "sanctions".

A new article is added as Article 18. That is “If relevant organs have illegal behaviors included in Article 15, 16 and 17 and supervisory organs need to impose administrative sanctions on public officials violating laws in accordance with laws, involved organs and their superior organs or governments shall, in accordance with regulations, transfer related cases and clues to supervisory organs.”

Article 18 is changed to Article 19. That is “While investigating and punishing illegal acts in accordance with the law, if administrative organs for law enforcement find that public officials have committed corruption, bribery, dereliction of duty, or use their powers to infringe on citizens’ personal rights, democratic rights, or among others, and they are suspected of committing duty crimes, they should transfer related cases and clues to supervisory organs or people's procuratorates in accordance with the Criminal Law, Criminal Procedure Law, Supervision Law, or among others.”

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