Which administrative law enforcement agencies can transfer criminal cases?

Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs have been adopted at the 42nd executive meeting in the State Council on July 4, 2006. Article 1 These Provisions are formulated in order to ensure that the administrative law enforcement organs promptly transfer suspected criminal cases to the public security organs, punish crimes such as disrupting the order of the socialist market economy and disrupting the order of social management according to law, and ensure the smooth progress of socialist construction. Article 2 The term "administrative law enforcement organs" as mentioned in these Provisions refers to the administrative organs that have the power of administrative punishment for illegal acts such as disturbing the order of socialist market economy and social management according to the provisions of laws, regulations or rules, and organizations authorized by laws and regulations that have the function of managing public affairs and implement administrative punishment within the scope of legal authorization. Article 3 In the process of investigating and handling illegal acts according to law, administrative law enforcement organs find that the amount involved, the circumstances and the consequences of illegal facts are suspected to constitute a crime, and must be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of undermining the socialist market economic order and disturbing the social management order, the judicial interpretations of the Supreme People's Court and the Supreme People's Procuratorate on the crime of undermining the socialist market economic order and disturbing the social management order, and the prosecution standards of the Supreme People's Procuratorate and the Ministry of Public Security on economic crimes. Fourth administrative law enforcement organs in the process of investigating illegal acts, must properly preserve the collected evidence related to illegal acts. The administrative law enforcement organ shall truthfully fill in the list of articles involved and deal with them in accordance with the relevant provisions of the state. Necessary measures shall be taken to preserve evidence of perishable, deteriorated and other articles involved that are not suitable or easy to preserve; The articles involved in the case that need to be inspected and appraised shall be inspected and appraised by a statutory inspection and appraisal institution, and an inspection report or appraisal conclusion shall be issued. Article 5 The administrative law enforcement organ shall immediately appoint two or more administrative law enforcement personnel to form a task force to be responsible for the suspected criminal cases that should be transferred to the public security organ, and after verifying the situation, submit a written report on the transfer of the suspected criminal cases to the person in charge of the organ or the person in charge of the work for examination and approval. The main person in charge of the administrative law enforcement organ or the person in charge of the work shall make a decision on whether to approve the transfer within 3 days from the date of receiving the report. If it decides to approve, it shall be transferred to the public security organ at the same level within 24 hours; If it is decided not to approve, the reasons for disapproval shall be recorded. Article 6 When an administrative law enforcement organ transfers a suspected criminal case to a public security organ, it shall attach the following materials: (1) a letter of transfer of the suspected criminal case; (2) Investigation report on suspected criminal cases; (3) List of articles involved; (4) Relevant inspection reports or expert conclusions; (5) Other materials related to the suspected crime. Article 7 The public security organ shall sign the transfer receipt of the suspected criminal case transferred by the administrative law enforcement organ; Among them, those not under the jurisdiction of this organ shall be transferred to the organ with jurisdiction within 24 hours, and the administrative law enforcement organ that transferred the case shall be informed in writing. Article 8 The public security organ shall, within 3 days from the date of accepting the suspected criminal case transferred by the administrative law enforcement organ, examine the transferred case in accordance with the Criminal Law, the Criminal Procedure Law, the filing standards of the Supreme People's Court and the Supreme People's Procuratorate, and the provisions of the Ministry of Public Security on the procedures for public security organs to handle criminal cases. If it is believed that there are criminal facts and it is necessary to investigate criminal responsibility according to law and decide to file a case, it shall notify the administrative law enforcement organ that transferred the case in writing; If it is considered that there is no criminal fact, or the criminal fact is obviously minor, it is not necessary to pursue criminal responsibility, and the case shall not be filed according to law, it shall explain the reasons, notify the administrative law enforcement organ that transferred the case in writing, and return the case files accordingly. Article 9 If the administrative law enforcement organ believes that the public security organ should decide to file a case according to law after receiving the notice of not filing a case, it may, within 3 days from the date of receiving the notice of not filing a case, request the public security organ that made the decision not to file a case for reconsideration, or suggest that the people's procuratorate supervise the filing of a case according to law. The public security organ that decides not to file a case shall make a decision on whether to file a case within 3 days from the date of receiving the reconsideration document of the administrative law enforcement organ, and notify the administrative law enforcement organ that transferred the case in writing. If the administrative law enforcement organ that transferred the case still disagrees with the reconsideration decision of the public security organ not to file a case, it shall, within 3 days from the date of receiving the notice of reconsideration decision, suggest that the people's procuratorate file a case for supervision according to law. The public security organ shall accept the supervision of the people's procuratorate according to law. Tenth administrative law enforcement organs shall handle cases that the public security organs decide not to put on record according to law; Among them, in accordance with the provisions of relevant laws, regulations or rules, administrative punishment shall be given according to law. Eleventh administrative law enforcement organs should transfer suspected criminal cases to public security organs, and administrative punishment shall not replace the transfer. Before the suspected criminal case is transferred to the public security organ, ordered to suspend production or business, suspended or revoked the license, suspended or revoked the license, the administrative law enforcement organ shall not stop the execution of the administrative punishment decision that has been made. According to the provisions of the Administrative Punishment Law, if the administrative law enforcement organ has imposed a fine on the party concerned before transferring the suspected criminal case to the public security organ, the people's court shall deduct the corresponding fine when imposing the fine. Twelfth administrative law enforcement organs shall, within 3 days from the date of receiving the notice of filing a case, hand over the articles involved and other materials related to the case to the public security organs, and go through the formalities of making friends; Where laws and administrative regulations provide otherwise, such provisions shall prevail. Article 13 If a public security organ finds no criminal facts after examination, or considers that the criminal facts are obvious and the circumstances are minor after investigation, and it is unnecessary to pursue criminal responsibility, but administrative responsibility should be pursued according to law, it shall promptly transfer the case to the administrative law enforcement organ at the same level, and the relevant administrative law enforcement organ shall handle it according to law. Article 14 When an administrative law enforcement organ transfers a suspected criminal case, it shall accept the supervision of the people's procuratorate and the supervisory organ according to law. If the administrative law enforcement organ violates these provisions and transfers the suspected criminal case to the public security organ without transferring it, any unit or individual has the right to report it to the people's procuratorate, the supervisory organ or the administrative law enforcement organ at a higher level. Article 15 If an administrative law enforcement organ, in violation of these Provisions, conceals, privately divides or destroys the articles involved, the people's government at the corresponding level or the administrative law enforcement organ at a higher level that implements vertical management shall, according to the seriousness of the case, give the principal responsible person administrative sanctions above demotion; If a crime is constituted, criminal responsibility shall be investigated according to law. The persons in charge and other persons who are directly responsible for the acts listed in the preceding paragraph shall be given administrative sanctions according to the provisions of the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 16 If an administrative law enforcement organ violates these provisions and fails to transfer the case to a public security organ within the time limit, it shall be ordered by the people's government at the same level or at a higher level and the administrative law enforcement organ at a higher level that implements vertical management to transfer it within a time limit, and the person in charge or the person in charge of the work shall be given administrative sanctions with a demerit or above according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law. Administrative law enforcement organs, in violation of these Provisions, do not transfer cases that should be transferred to public security organs, or replace the transfer with administrative punishment, shall be ordered to make corrections by the people's government at the same level or at a higher level and the administrative law enforcement organs at a higher level that implement vertical management, and shall be notified; Refuses to correct, the main person in charge or the person in charge of the work shall be given administrative sanctions of demerit or above; If a crime is constituted, criminal responsibility shall be investigated according to law. The persons directly in charge and other persons directly responsible for the acts listed in the first and second paragraphs of this article shall be given administrative sanctions in accordance with the provisions of the preceding two paragraphs respectively; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 17 If a public security organ, in violation of these Provisions, refuses to accept a suspected criminal case transferred by an administrative law enforcement organ, or fails to make a decision on filing or not to file a case within the time limit, the people's procuratorate shall supervise the filing of the case according to law, and the people's government at the same level or at a higher level shall order it to make corrections, and the main responsible person shall be given an administrative sanction of recording a demerit or above according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law. The persons in charge and other persons who are directly responsible for the acts listed in the preceding paragraph shall be given administrative sanctions according to the provisions of the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 18 In the process of investigating and dealing with illegal acts according to law, administrative law enforcement organs shall, in accordance with these provisions, promptly transfer cases to the people's procuratorates if they find that illegal acts such as corruption, bribery, dereliction of duty or infringement of citizens' personal rights and democratic rights are suspected to constitute crimes. Article 19 These Provisions shall come into force as of the date of promulgation.