Anti Organized Crime Law of the People's Republic of China
(Adopted at the 32nd Meeting of the Standing Committee of the 13th National People's Congress on December 24, 2021)
Contents
Chapter I General Provisions
Chapter II Prevention and Treatment
Chapter III Case Handling
Chapter IV Recognition and Disposal of Property Involved in the Case
Chapter V Handling of State Personnel 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 formulated in accordance with the Constitution with a view to preventing and punishing organized crime, strengthening and standardizing the work against organized crime, safeguarding national security, social order and economic order, and protecting the legitimate rights and interests of citizens and organizations.
Article 2 The term "organized crime" as mentioned in this Law refers to the crime of organizing, leading or participating in organizations with the nature of underworld as stipulated in Article 294 of the Criminal Law of the People's Republic of China, as well as the crime committed by organizations with the nature of underworld and organizations of evil forces.
The term "evil force organization" as used in this Law refers to a criminal organization that often gathers together, uses violence, threat or other means to commit many illegal and criminal activities in a certain area or industry, commits crimes, oppresses the masses, disturbs social and economic order, and causes relatively bad social impact, but has not yet formed a triad like organization.
This Law shall be applicable to underworld organizations outside the territory of the People's Republic of China that develop members and commit crimes within the territory of the People's Republic of China, as well as to those that commit crimes against the State or citizens of the People's Republic of China outside the territory of the People's Republic of China.
Article 3 The work against organized crime shall adhere to the overall concept of national security, comprehensively use legal, economic, scientific, technological, cultural, educational and other means to establish and improve the working mechanism against organized crime and the system for prevention and control of organized crime.
Article 4 The work against organized crime shall adhere to the combination of specialized work and the mass line, the combination of specialized governance and systematic governance, the combination of anti-corruption, the combination of strengthening the construction of grass-roots organizations, and the combination of punishment and prevention, and the treatment of both symptoms and symptoms.
Article 5 The work against organized crime shall be carried out in accordance with the law, respecting and safeguarding 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, according to their division of labor, cooperate and restrict each other to do a good job in combating organized crime according to law.
The relevant departments shall mobilize and rely on the villagers' committees, residents' committees, enterprises, institutions and social organizations to jointly carry out the work against organized crime.
Article 7 All units and individuals shall have the obligation to assist and cooperate with the relevant departments in the work against organized crime.
The State shall, in accordance with law, protect units and individuals that assist and cooperate in the fight against organized crime.
Article 8 The State encourages units and individuals to report organized crime.
Units and individuals that report organized crime or make outstanding contributions to the fight against organized crime shall be commended and rewarded in accordance with the relevant provisions of the State.
Chapter II Prevention and Treatment
Article 9 People's governments at all levels and relevant departments shall organize and carry out the work of prevention and control of organized crime according to law, and incorporate the work of prevention and control of organized crime into the evaluation system.
Villagers' committees and residents' committees shall assist the people's governments and relevant departments in the prevention and control of organized crime.
Article 10 The departments responsible for the prevention and control of organized crime shall carry out propaganda and education against organized crime, so as to enhance citizens' awareness and ability against organized crime.
Supervisory organs, people's courts, people's procuratorates, public security organs, and judicial administrative organs should carry out publicity and education against organized crime by means of law popularization and case interpretation.
News, radio, television, culture, Internet information services and other units should carry out targeted publicity and education against organized crime to the society.
Article 11 The education administrative departments and schools shall, together with the relevant departments, establish a working mechanism for preventing organized crime from encroaching on the campus, strengthen publicity and education against organized crime, enhance students' awareness of preventing organized crime, and educate and guide students to consciously resist organized crime and prevent the encroachment of organized crime.
The school shall stop in time, take preventive measures and report to the public security organ and the education administrative department when it finds that organized crime infringes on the personal and property safety of students, hinders the order of the campus and the surrounding areas, develops members of organized criminal organizations among students, or students participate in organized criminal activities.
Article 12 The civil affairs department shall, together with the supervisory organ, the public security organ and other relevant departments, examine the qualifications of candidates for members of the villagers' committee and the residents' committee. If it is found that a person has been subjected to criminal punishment for committing an organized crime, it shall deal with him in a timely manner in accordance with the relevant provisions; If clues of organized crime are found, they shall report to the public security organ in a timely manner.
Article 13 The competent departments of the market supervision, financial supervision, natural resources, transportation and other industries shall, together with the public security organs, establish and improve a long-term mechanism for the prevention and treatment of organized crime in the industry, monitor and analyze the situation of organized crime in the relevant industries, and strengthen supervision and administration of the industries prone to organized crime.
Article 14 If supervisory organs, people's courts, people's procuratorates and public security organs find problems in the prevention and treatment of organized crime in the competent departments of the industry when handling cases, they can put forward suggestions in writing to the relevant competent departments of the industry. The competent department of the relevant industry shall deal with it in a timely manner and give a written feedback.
Article 15 The public security organ may, in conjunction with the relevant departments, determine the key areas, trade fields or places for prevention and control according to the local situation of organized crime.
The administrative units of key areas, industries or places shall take effective measures to strengthen management and timely feed back their work to the public security organs.
Article 16 Telecommunications business operators and Internet service providers shall fulfill their obligations of network information security management according to law, take security technology precautions, and prevent the dissemination of information containing the content of propaganda and inducement of organized crime; If any information is found to contain the content of promoting and inducing organized crime, the transmission shall be stopped immediately, disposal measures such as elimination shall be taken, relevant records shall be kept, and reports shall be made to the public security organ or relevant departments, so as to provide technical support and assistance for the public security organ to investigate organized crime according to law.
The competent departments of network communication, telecommunications and public security shall, in accordance with the division of duties, order the relevant units to stop transmission, take disposal measures such as elimination, or remove the relevant applications, close the relevant websites and shut down the relevant services. The relevant units shall implement it immediately, keep relevant records and assist in the investigation. For the above information on the Internet from overseas, the competent telecommunications department shall take technical measures to timely block the transmission.
Article 17 The administrative department in charge of anti money laundering under the State Council and other relevant departments and institutions under the State Council shall urge financial institutions and specific non-financial institutions to perform their anti money laundering obligations. If any suspicious transaction related to organized crime is found, the relevant competent department may investigate according to law. If the investigation fails to eliminate the suspicion of money laundering, the case shall be reported to the public security organ in a timely manner.
Article 18 Prisons, detention centers and community correction institutions shall take targeted supervision, education and correction measures against criminals who commit organized crimes.
After the prisoners of organized crime have served their sentences and been released, the judicial administration organs shall, together with the relevant departments, implement necessary measures such as placement, help and education, and promote their smooth integration into society.
Article 19 The public security organ at or above the level of a city divided into districts may decide to report to the public security organ, in accordance with the relevant provisions of the State, the personal property and daily activities of a person sentenced to criminal punishment for organizing or leading a mafia like organization, from the date when the punishment is completed. The reporting period shall not exceed five years.
Article 20 If the organizers, leaders of underworld organizations or the leading elements of evil forces organizations who have been sentenced to criminal punishment start enterprises or serve as senior managers in enterprises, the competent departments of the relevant industries shall examine them according to law and strengthen supervision and administration of their business activities.
Article 21 The immigration management, customs, maritime police and other departments shall, together with the public security organs, closely guard against the infiltration, development and implementation of illegal and criminal activities by overseas mafia organizations.
The entry-exit certificate issuing authority and the immigration management agency have the right to decide whether to deny entry, not to issue entry certificates, or declare their entry certificates invalid to the members of overseas mafia organizations.
If the immigration control, customs, maritime police and other departments find that the personnel of overseas underworld organizations have entered the country, they shall notify the public security organ in a timely manner. If relevant personnel are found to be suspected of violating the laws of our country or are found to be suspected of organizing criminal articles, they shall be detained according to law and handled in a timely manner.
Chapter III Case Handling
Article 22 In handling cases of organized crime, the facts shall be taken as the basis and the law as the criterion, and leniency and severity shall be combined.
Organizers, leaders and key members of organized crime should strictly grasp the applicable conditions for obtaining a guarantor pending trial, non prosecution, probation, commutation, parole and temporary execution outside prison, and fully apply punishments such as deprivation of political rights, confiscation of property and fines.
If a criminal suspect or defendant of an organized crime voluntarily and truthfully confesses his or her crime, admits the facts of the alleged crime, and is willing to accept punishment, he or she may be given leniency according to law.
Article 23 If a crime committed through the use of 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 form illegal influence, the organized harassment, entanglement, uproar, and gathering of people to create momentum can be regarded as the criminal means of organized crime if psychological coercion is formed against others, which is sufficient to restrict personal freedom, endanger personal and property safety, and affect normal social order and economic order.
Article 24 The public security organ shall, in accordance with the law, use modern information technology to establish a mechanism for collecting and studying the clues of organized crime, and deal with them by classification.
After receiving the report, accusation or report of organized crime, the public security organ shall promptly carry out the work of statistics, analysis, research and judgment, organize the verification or transfer it to the relevant competent authority for handling according to law.
Article 25 If the relevant state organs find clues to organized crime when performing their duties, or receive reports on organized crime, they shall promptly transfer them to the public security organs and other competent authorities for handling according to law.
Article 26 The public security organ may take investigation measures in accordance with the relevant provisions of the State when checking the clues of organized crime. If the public security organ collects and retrieves relevant information and materials from relevant units and individuals, the relevant units and individuals shall provide them truthfully.
Article 27 The public security organ may, upon the approval of the person in charge of the public security organ at or above the county level, inquire about the property information of the suspect, such as deposits, remittances, bonds, stocks, fund shares, etc.
If the public security organ checks the criminal clues of mafia like organizations and finds that there is an emergency risk of loss or transfer of the property involved, it may, with the approval of the person in charge of the public security organ at or above the level of a city divided into districts, take emergency measures to stop payment or temporarily freeze or temporarily detain the property involved, and the time limit shall not exceed 48 hours. If the time limit expires or the circumstances under which emergency measures are applied disappear, the emergency measures shall be lifted immediately.
Article 28 If the public security organ checks the clues of organized crime and finds criminal facts or criminal suspects, it shall file a case for investigation in accordance with the Criminal Procedure Law of the People's Republic of China.
Article 29 When handling organized crime cases, the public security organ may, in accordance with the provisions of the Law of the People's Republic of China on the Administration of Exit and Entry, decide to take measures to restrict the exit of criminal suspects, and notify the immigration administration for implementation.
Article 30 A criminal suspect or defendant in an organized crime case may, according to the needs of handling the case and maintaining the order of supervision and control, be detained in another place, separately or separately. If custody in another place is taken, the family members and defenders of the criminal suspect and defendant shall be notified according to law.
Article 31 After filing a case, the public security organ may, according to the needs of investigating a crime and in accordance with the provisions of the Criminal Procedure Law of the People's Republic of China, take technical investigation measures, implement controlled delivery or have relevant personnel conduct investigation by hiding their identities.
Article 32 Where a criminal suspect or defendant reports or exposes other joint offenders of a major crime or provides important clues or evidence to solve a major case, and the handling of the case together may cause personal danger to himself or his close relatives, he may handle the case separately.
Article 33 A criminal suspect or defendant who actively cooperates in the investigation, prosecution and trial of an organized crime case may be given a lenient punishment according to law in any of the following circumstances, but the organizers and leaders of organized crime shall be strictly applied:
（1） Providing important clues or evidence for ascertaining the organizational structure of a criminal organization and the status and role of its organizers, leaders and ringleaders;
（2） Providing important clues or evidence for ascertaining major crimes committed by criminal organizations;
（3） Providing important clues or evidence for the investigation and treatment of State functionaries involved in organized crime;
（4） Assisting in the recovery and confiscation of stolen money and goods that have not yet been mastered;
（5） Other circumstances that provide important clues or evidence for the investigation and handling of organized crime cases.
If a criminal suspect or defendant who participates in an organized criminal organization is not prosecuted or is exempted from criminal punishment, he may, according to the different circumstances of the case, be admonished, ordered to sign a statement of repentance, make an apology, compensate for losses, or be given administrative punishment or punishment by the competent department.
Article 34 The organizers and leaders of underworld organizations shall also be confiscated of their property according to law. Members of other organizations may be fined or confiscated according to their status and role in the criminal organization, as well as the number, nature, amount of illegal gains and losses caused by their participation in illegal and criminal activities.
Article 35 The executing organ shall, according to law, exercise strict control over criminals who commit organized crimes.
If the organizer, leader of a mafia like organization or a ringleader of a vicious force organization is sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death penalty with a two-year suspension of execution, the punishment shall be executed across provinces, autonomous regions, or municipalities directly under the Central Government.
Article 36 If the organizers, leaders of underworld organizations or leading members of evil forces organizations who are sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty with a two-year suspension of execution are to have their sentences commuted, the executing organ shall, according to law, put forward a proposal for commutation of sentence, report it to the prison administration organ of the province, autonomous region or municipality directly under the Central Government for review, and then submit it to the people's court for a ruling.
The procedure prescribed in the preceding paragraph shall apply to parole of the organizers, leaders of mafia like organizations or the ringleaders of evil force organizations.
Article 37 When trying a case of commutation or parole of a criminal committed by a mafia like organization, the people's court 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 in the trial and listen to his opinions.
Article 38 When the executing organ proposes commutation or parole and the people's court tries cases of commutation or parole, it shall give full consideration to the criminals' performance of the property judgments in the effective judgments and their cooperation in disposing of the property involved in the case.
Chapter IV Recognition and Disposal of Property Involved in the Case
Article 39 All kinds of property and documents found in the handling of organized crime cases that can be used to prove the guilt or innocence of the criminal suspect or defendant shall be sealed up and detained according to law.
Public security organs, people's procuratorates and people's courts may, in accordance with the Criminal Procedure Law of the People's Republic of China, inquire about and freeze the deposits, remittances, bonds, stocks, fund shares and other assets of criminal suspects and defendants. Relevant units and individuals shall cooperate.
Article 40 The public security organs, the People's Procuratorates and the People's Courts may, according to the needs of handling cases of organized crime, conduct a comprehensive investigation into the property status of organizations suspected of organized crime and their members.
Article 41 Seizure, seizure, freezing and disposal of the property involved in the case shall be carried out in strict accordance with the legal conditions and procedures, the legitimate property rights and interests of citizens and organizations shall be protected in accordance with the law, the illegal gains shall be strictly distinguished from the legitimate property, the property of the owner and the property of his family members, and the adverse impact on the normal business activities of the enterprise shall be reduced. No property unrelated to the case may be sealed up, distrained or frozen. The sealed up, distrained and frozen property that is proved to be irrelevant to the case shall be released within three days and returned. The lawful property of the victim shall be returned in a timely manner.
To seal up, distrain or freeze the property involved in the case, the necessary living expenses and articles shall be reserved for the criminal suspect, the defendant and their dependants.
Article 42 The public security organ may inquire about the information and data related to organized crime from the administrative department of anti money laundering, and request assistance in the investigation of suspicious transactions related to organized crime, and the administrative department of anti money laundering shall cooperate and reply in a timely manner.
Article 43 The following property may be sold, realized or sold or auctioned in advance according to law with the approval of the main person in charge of the public security organ, the people's procuratorate or the people's court at or above the county level. The proceeds shall be kept by the seizure and freezing organ, and the criminal suspect, the defendant or their close relatives shall be informed in a timely manner:
（1） Articles that are easily damaged, lost or deteriorated and are not suitable for long-term storage;
（2） Bills of exchange, promissory notes, cheques, etc. whose validity is about to expire;
（3） The sale of bonds, stocks, fund units and other property, upon the application of the obligee, does not harm the interests of the State or the victims, or affect the normal proceedings.
Article 44 The public security organ and the People's Procuratorate shall examine and screen the property involved in the case. When transferring the case for examination and prosecution or initiating a public prosecution, the handling opinions of the property involved in the case shall be put forward.
In the process of trying an organized crime case, the court shall investigate and debate the facts and evidence related to the nature and ownership of the property involved. The people's court shall make a judgment according to law and dispose of the property involved in the case.
Article 45 All property illegally obtained by an organized criminal organization and its members as well as their fruits and gains, contraband and their own property used for crimes shall be recovered, confiscated or ordered to return or compensate according to law.
If the property involved that should be recovered or confiscated according to law cannot be found, lost or mixed with other legal property and cannot be separated, other equivalent property or equivalent part of the mixed property can be recovered or confiscated.
The fact that the defendant has been convicted and sentenced for crimes committed by underworld organizations has been found out, and there is evidence to prove that the property he obtained during the crime is highly likely to belong to the illegal gains, fruits and gains of underworld organizations. If the defendant cannot explain the legal source of the property, it shall be recovered and confiscated according to law.
Article 46 If the property involved in the case meets any of the following circumstances, it shall be recovered and confiscated according to law:
（1） Property provided to organized criminal organizations and their members for the purpose of supporting or financing organized criminal activities;
（2） The part of family property of members of organized criminal organizations actually used to support organized criminal activities;
（3） The property obtained from the illegal and criminal activities of organized criminal organizations and their members, as well as their fruits and gains.
Article 47 If a criminal suspect or defendant in a criminal case of a triad organization escapes and cannot appear in the case after one year of being wanted, or if the criminal suspect or defendant dies and his illegal gains and other property involved in the case should be recovered according to the provisions of the Criminal Law of the People's Republic of China, the criminal suspect or defendant concerned shall, in accordance with the Criminal Procedure Law of the People's Republic of China Provisions on the procedures for confiscation of illegal gains in cases of escape and death of the defendant.
Article 48 Where supervisory organs, public security organs, and people's procuratorates find money laundering related to organized crime, and crimes such as concealing or concealing the proceeds of crime and the proceeds of crime, they shall investigate and deal with them according to law.
Article 49 If an interested party raises an objection to the sealing up, seizure, freezing or disposal of the property involved in the case, the public security organ, the People's Procuratorate or the People's Court shall verify it in a timely manner, listen to its opinions and handle it according to law.
After the public security organ, the People's Procuratorate or the People's Court has disposed of the property involved in the case, if the interested party refuses to accept the disposal, it may lodge a complaint or charge.
Chapter V Handling of State Personnel Involved in Organized Crime
Article 50 Any State functionary who commits any of the following acts shall make a comprehensive investigation and deal with it 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 organized criminal organizations and conniving at organized criminal activities;
（4） Dereliction of duty in the investigation and handling of organized crime cases;
（5） Taking advantage of his power or influence of his position to interfere in the work against organized crime;
（6） Other illegal and criminal acts involving organized crime.
State functionaries who organize, lead or participate in organized crime shall be given heavier punishment according to law.
Article 51. Supervisory organs, people's courts, people's procuratorates, public security organs, and judicial administrative organs should strengthen cooperation and cooperation, establish a mechanism for handling and communicating clues, and when finding clues that state functionaries are suspected of committing crimes as prescribed in Article 50 of this Law, they should handle them according to law or transfer them to the competent authorities in a timely manner.
Any unit or individual has the right to report, accuse or report to the supervisory organ, the People's Procuratorate, the public security organ and other departments any illegal or criminal act of a State functionary related to organized crime. After receiving a report, accusation or tip off, the relevant department shall deal with it in a timely manner.
Article 52 State functionaries who investigate and handle organized crime cases according to law or who support and assist in the investigation and handling of organized crime cases according to their duties may not commit the following acts:
（1） Refusing to accept reports, charges and reports, concealing criminal information and clues, reporting untruthfully, or disposing of or transferring criminal clues and materials without approval or authorization;
（2） Inform criminals and prevent them from investigating and handling cases;
（3） Handling cases against facts and laws;
（4） Seal up, detain, freeze and dispose of property involved in the case in violation of regulations;
（5） Other acts of abuse of power, dereliction of duty, favoritism and malpractice.
Article 53 After receiving a report from law enforcement and judicial personnel engaged in anti organized crime work, the relevant authorities shall handle it according to law to prevent criminal suspects, defendants, etc. from using the report to interfere with the handling of cases or retaliate.
Those who use reporting and other means to distort and fabricate facts and falsely accuse and frame up law enforcement and judicial personnel engaged in anti organized crime work shall be investigated for responsibility according to law; If adverse effects are caused, the facts shall be clarified in a timely manner in accordance with regulations, reputation shall be restored and adverse effects shall be eliminated.
Chapter VI International Cooperation
Article 54 The People's Republic of China cooperates with other countries, regions and international organizations in combating organized crime in accordance with the international treaties it has concluded or acceded to, or in accordance with the principle of equality and reciprocity.
Article 55 The relevant departments under the State Council, as authorized by the State Council, shall, on behalf of the Chinese Government, carry out information exchange and law enforcement cooperation against organized crime with foreign governments and relevant international organizations.
The public security department under the State Council should strengthen cross-border police cooperation against 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 may establish a cross-border organized crime intelligence exchange and police cooperation mechanism with the law enforcement agencies 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 The materials obtained through international cooperation against organized crime can be used as evidence in administrative punishment and criminal proceedings, except in accordance with the provisions of the treaty or our commitment not to use as evidence.
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 for combating organized crime, strengthen the construction of talent teams and professional training, and enhance their ability to work against organized crime.
Article 60 The State Council and the local people's governments at or above the county level shall, according to the division of powers, include the funds for the work of combating organized crime in the financial budget at the corresponding level.
Article 61 If the personal safety of the person or his close relatives is in danger due to reporting, accusing and stopping organized criminal activities and giving testimony in organized criminal cases, the public security organ, the People's Procuratorate and the People's Court shall, in accordance with relevant regulations, take one or more of the following protective measures:
（1） Do not disclose personal information such as real name, address and work unit;
（2） Take measures such as not exposing appearance and true voice to testify in court;
（3） Prohibit specific persons from contacting protected persons;
（4） Take special protection measures for the person and residence;
（5） Change the identity of the protected person, and rearrange the residence and work unit;
（6） Other necessary protective measures.
Article 62 The public security organ shall execute the protective measures prescribed in Items 3 and 4 of Article 61 of this Law. In accordance with the provisions of Item 5 of Article 61 of this Law, changes in the identity of protected persons shall be approved and implemented by the public security department under the State Council.
The public security organ, the People's Procuratorate and the People's Court shall take protective measures according to law, and the units and individuals concerned shall cooperate.
Article 63 Where the persons who commit organized crime cooperate in investigation, prosecution, trial and other work and play an important role in solving a case or ascertaining the facts of a case, they may refer to the provisions on witness protection.
Article 64 The law enforcement and judicial personnel who handle organized crime cases and their close relatives may take such protective measures as personal protection and prohibition of contact with specific persons.
Article 65 Persons who are disabled or die as a result of performing their duties in the fight against organized crime or assisting or cooperating with relevant departments in the fight against organized crime shall be given appropriate treatment in accordance with the relevant provisions of the State.
Chapter VIII Legal Liability
Article 66 Those who organize, lead or participate in underworld like organizations, and State functionaries shield or connive at underworld like organizations, as well as underworld like organizations and evil force organizations that commit crimes, shall be investigated for criminal responsibility according to law.
If the personnel of overseas underworld organizations go to the territory of the People's Republic of China to develop members of organizations, commit crimes, or commit crimes against the country or citizens of the People's Republic of China outside the territory, they shall be investigated for criminal responsibility according to law.
Article 67 Those who develop minors to join underworld organizations or overseas underworld organizations, abet or entice minors to commit organized crimes, or commit organized crimes that infringe upon the legitimate rights and interests of minors, shall be investigated for criminal responsibility more severely according to law.
Article 68 The people's court may, in accordance with the provisions on prohibition of employment in the Criminal Law of the People's Republic of China, prohibit criminals who have committed organized crimes from engaging in relevant occupations and notify the competent department of the relevant industry.
Article 69 A person who commits one of the following acts, which does not constitute a crime, shall be detained for not less than five days but not more than 10 days by the public security organ, and may also be fined not more than 10000 yuan; If the circumstances are relatively serious, he shall be detained for not less than 10 days but not more than 15 days, and shall also be fined not less than 10000 yuan but not more than 30000 yuan; If there are illegal gains, they shall be confiscated, except those that should be returned to the victim according to law:
（1） Participating in overseas underworld organizations;
（2） Actively participating in the organization of evil forces;
（3） Instigating or inveigling others to join an organized criminal organization, or preventing others from quitting an organized criminal organization;
（4） Providing funds, places and other support, assistance and convenience for organized criminal activities;
（5） Preventing others from reporting and exposing organized crime, providing evidence of organized crime, or refusing to provide evidence when the judicial organ investigates the relevant situation and collects relevant evidence while knowing that others have organized crime.
Whoever instigates or induces minors to join an organized criminal organization or prevents minors from quitting an organized criminal organization, but does not constitute a crime, shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Article 70 If anyone, in violation of the provisions of Article 19 of this Law, fails to truthfully report his personal property and daily activities in accordance with the decisions of the public security organ, the public security organ shall give him a warning and order him to make corrections; Those who refuse to make corrections shall be detained for not less than five days but not more than 10 days and fined not more than 30000 yuan.
Article 71 Where a financial institution or any other relevant unit fails to assist the public security organ in taking emergency payment suspension or temporary freezing measures in accordance with the provisions of Article 27 of this Law, the public security organ shall order it to make corrections; If it refuses to make corrections, the public security organ shall impose a fine of not less than 50000 yuan but not more than 200000 yuan, and the person in charge directly responsible and other persons directly responsible shall be imposed a fine of not more than 50000 yuan; If the circumstances are serious, the public security organ may suggest the relevant competent department to impose sanctions on the persons directly in charge and other persons directly responsible according to law.
Article 72 Where a telecommunications business operator or Internet service provider is under any of the following circumstances, the relevant competent department shall order it to make corrections; Those who refuse to correct or whose circumstances are serious shall be punished by the competent authorities in accordance with the relevant provisions of the Cyber Security Law of the People's Republic of China:
（1） Refusing to provide technical support and assistance for the investigation of organized crime;
（2） Failing to stop the transmission of information containing propaganda and inducement of organized crime, take disposal measures such as elimination, and keep relevant records in accordance with the requirements of the competent department.
Article 73 If the relevant state organs or competent departments of the industry refuse to perform or delay the performance of their statutory duties against organized crime, or refuse to cooperate with the investigation and evidence collection against organized crime, or abuse the relevant measures for the work against organized crime in other work, their superior authorities shall order them to make corrections; If the circumstances are serious, the leading persons who are responsible and the persons who are directly responsible shall be given sanctions 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 that they have learned in the process of combating organized crime. If anyone divulges state secrets, business secrets and personal privacy in violation of regulations, he shall be investigated for legal responsibility according to law.
Article 75 Any State functionary who commits any of the acts specified in Articles 50 and 52 of this Law, which constitutes a crime, shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, punishment shall be given according to law.
Article 76 If a unit or individual concerned refuses to accept the decision on administrative penalty 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 1, 2022.