The following are the specific contents of the Provisions of Public Security Organs on Handling Economic Crime Cases:
Chapter I Governance
Article 1 The internal jurisdiction of public security organs over economic crime cases shall be strictly implemented in accordance with the relevant provisions on the division of jurisdiction over criminal cases.
Article 2 When the public security organ at a higher level deems it necessary, it may directly file a case for investigation or organize, direct and participate in the investigation of economic crime cases under the jurisdiction of the public security organ at a lower level; A case that a public security organ at a lower level considers that the case is serious and complicated and needs to be investigated by a public security organ at a higher level may request to be transferred to a public security organ at a higher level for investigation.
Article 3 An economic crime case shall be under the jurisdiction of the public security organ where the case occurred. If it is more appropriate to be under the jurisdiction of the public security organ where the criminal suspect lives, it may be under the jurisdiction of the public security organ where the criminal suspect lives.
The place of crime refers to the place where the crime took place. Economic crimes for the purpose of illegal possession include the place where the criminal act occurred and the place where the criminal suspect actually obtained the property.
Domicile includes domicile and habitual residence. Where the domicile is inconsistent with the habitual residence, it shall be under the jurisdiction of the public security organ of the habitual residence. A habitual residence refers to a place where a citizen has lived continuously for more than one year away from his domicile.
Article 4 Economic crime cases over which several public security organs have jurisdiction shall be under the jurisdiction of the public security organ that initially accepted them, or, if necessary, the public security organ in the main crime place. Jurisdiction disputes shall be settled through consultation; If negotiation fails, it shall be reported to the superior public security organ of the same company for designated jurisdiction.
Article 5 If a victim, a criminal suspect, his legal representative, his near relatives and the lawyer he has hired have objections to the jurisdiction of a case, they may lodge a complaint with the public security organ that initiated the investigation, and the public security organ that accepted the complaint shall give a reply within seven days after receiving the complaint.
Chapter II Filing and Closing Cases
Article 6 After accepting the accusation, accusation, report and surrender of suspected economic crimes, the public security organ shall conduct an examination and decide whether to file a case within seven days; Major and complicated clues can be extended to 30 days with the approval of the person in charge of the public security organ at or above the county level; Particularly important and complicated clues can be extended to 60 days with the approval of the person in charge of the public security organ at or above the prefecture (city) level.
After accepting the suspected economic crime cases transferred by the administrative law enforcement organs, the public security organ shall conduct a review within three days and decide whether to file a case.
If the public security organ at a higher level notifies the designated jurisdiction or files a case in writing, it shall file a case for investigation within a specified time limit.
Article 7 In the process of filing a case for review, the relevant units may be required to assist in the investigation, or necessary investigation measures may be taken according to the prescribed procedures, but criminal compulsory measures cannot be taken, and property cannot be sealed up, detained or frozen.
Eighth filing review is generally not conducted in public, and there is no direct contact with the accused or reported object. If it is really necessary to know the situation from the complainant or the prosecutor, it shall not affect the normal work or production and operation of the complainant or the prosecutor. If it is necessary to collect evidence from the defendant or the prosecutor, the consent of the defendant or the prosecutor shall be obtained; If the object of the accusation or report is a unit, the consent of the legal representative or principal responsible person of the unit shall be obtained.
Ninth, after examination, meet the following conditions, should be placed on file:
(1) There are criminal facts;
(2) The amount, result or other circumstances of the suspected crime meet the standards for the prosecution of economic crime cases and need to be investigated for criminal responsibility;
(3) Being under the jurisdiction of public security organs.
Article 10 If a case with a complainant is decided not to be put on file after examination, a notice of not being put on file shall be made and served on the complainant within the period of filing examination.
Article 11 If a public security organ finds that a suspected economic crime belongs to the same legal fact as a civil case that a people's court has accepted or made an effective judgment or ruling, it shall explain the reasons and attach a copy of relevant materials, notify the people's court that accepted or made the judgment or ruling, and notify the relevant people's procuratorate at the same time.
Article 12 A case that needs to be put on file for investigation belongs to the same legal fact as a civil case accepted by a people's court or for which an effective judgment or ruling has been made. If one of the following conditions is met, the public security organ shall file a case for investigation:
(a) the people's court decides to transfer the case to the public security organ or revoke the judgment or ruling;
(2) The people's procuratorate shall notify the public security organ to file a case according to law.
Article 13 If the case that needs to be put on file for investigation is different from the civil case that the people's court accepts or makes an effective judgment or ruling, the public security organ may directly put on file for investigation, but it shall not request the people's court to rule to dismiss the prosecution, suspend the trial or revoke the judgment or ruling on the grounds of criminal filing.
Article 14 If, after investigation, the criminal suspect cannot be transferred for examination, prosecution or other treatment according to law after the compulsory measures are lifted 12 months, the public security organ shall dismiss the case.
Fifteenth after the revocation of the case, new facts or evidence are found, and criminal responsibility needs to be investigated. The public security organ may file a new case for investigation.
Article 16 After the public security organ accepts a case, if the informant, accuser and informant inquire about the case, they shall inform them at any time.
In any of the following circumstances, the public security organ shall inform the victim or his legal representative or near relative:
(a) after solving the case, it shall promptly inform the case handling result, the criminal suspect and the recovered property involved;
(two) if the case is rejected, it shall promptly inform the results and reasons for the rejection;
(three) for major economic crime cases that have not been detected, appropriate methods should be adopted and announced to the public regularly after the case is filed.
Chapter III Compulsory Measures
Article 17 The public security organ shall promptly investigate the economic crime cases that have been put on file, and comprehensively and objectively collect and obtain the evidence of the criminal suspect's guilt or innocence, light crime or heavy crime. If it is necessary to take compulsory measures to restrict the personal and property rights of criminal suspects, the conditions and procedures prescribed by law must be strictly observed.
Article 18 When deciding to take compulsory measures, we should consider the seriousness of the suspected crime, the possibility of continuing the crime and the possibility of evading or obstructing the investigation, so that the applicable compulsory measures can be adapted to the criminal seriousness and social danger of the criminal suspect. Criminal detention and arrest measures should not be taken when the measures of obtaining a guarantor pending trial and monitoring residence are enough to prevent social danger.
Article 19 For a criminal suspect under any of the following circumstances, the public security organ may decide to obtain a bail pending trial or to place him under residential surveillance, except in the circumstances stipulated in Article 64 of the Procedures for Handling Criminal Cases by Public Security Organs, and the investigation of the case shall not be interrupted during the period of obtaining a bail pending trial or placing him under residential surveillance.
(a) There is no possibility of continuing the crime;
(2) In cases where property is the object of crime, a deposit equivalent to the subject matter of the case may be provided;
(3) Having a fixed residence and a stable income at the place where the case occurred, being able to be present in time when being arraigned, and having no possibility of suicide, attempted escape or destruction, forgery of evidence or collusion;
(four) other circumstances that do not cause social danger.
Article 20 The public security organ at or above the county level shall set up special auditing procedures or designate special personnel in the case-handling department to be responsible for examining the legality and appropriateness of compulsory measures on a case-by-case basis in accordance with the conditions and procedures prescribed by law, and shall promptly report to the person in charge of the public security organ if it finds that the compulsory measures are inappropriate.
Article 21 The public security organ at the place where the case occurred shall input the information of the criminal suspect in criminal detention into the fugitive information system of the public security information network. If the public security organ at a higher level considers that it does not constitute a crime after examination, it shall order the public security organ at the place where the case occurred to delete or directly delete the data of online fugitives.
Article 22 In order to ensure the smooth progress of criminal proceedings, during the period of bail pending trial, the public security organ shall, according to the needs of the case, list the criminal suspect holding the entry-exit certificate as the object of restricted exit; Criminal suspects without entry and exit documents are listed as those who are not allowed to leave the country for filing according to the law.
Twenty-third criminal suspects or their legal representatives, close relatives, lawyers that the public security organs to take coercive measures beyond the statutory time limit, have the right to appeal to the original approval or decision of the public security organs. The public security organ that accepts the complaint shall complete the examination and make a decision within three days from the date of receiving the complaint, and notify the complainant of the result in writing. Compulsory measures that exceed the statutory time limit shall be immediately lifted or changed according to law.
Twenty-fourth public security organs to freeze the funds involved in the account shall be equivalent to the amount involved.
Article 25 The physical objects as evidence shall be transferred with the case according to law. If it is not appropriate to transfer or refuse to transfer according to law, the list, photos or other supporting materials shall be transferred with the case.
Article 26 The property involved in the case that has not been handed over shall generally be returned after the court decision takes effect. If it is really necessary to return the legitimate property and fruits of the victim in advance, it shall be registered, photographed or videotaped and appraised, and the reasons for the return shall be indicated in the case file, and the photos, list and the original procedures for the victim to receive them shall be kept for future reference. But in any of the following circumstances, it shall not be returned in advance:
(a) the basic facts of the case have not been verified;
(two) the ownership of the property involved is unclear or controversial;
(3) It is necessary to transfer cases to different jurisdictions.
Chapter IV Cooperation in Handling Cases
Article 27 If the handling of economic crime cases requires the cooperation of public security organs in different places, the public security organs in the host place shall be responsible for jurisdiction, characterization, evidence identification and investigation measures, handle relevant legal documents and procedures, and bear corresponding legal responsibilities.
Article 28 If the handling of economic crime cases requires the cooperation of public security organs in different places, the public security organs at or above the county level in the host place shall directly issue a case handling cooperation letter, and contact the relevant cooperation matters through the public security organs at or above the county level in the cooperation place.
If the public security organs of other provinces (autonomous regions and municipalities directly under the Central Government) need to assist in taking compulsory measures against criminal suspects or sealing up, distraining or freezing the property involved, the local public security organ shall also issue a letter of cooperation in handling cases and report it to the local provincial public security organ for the record.
The public security organs of all provinces (autonomous regions and municipalities directly under the Central Government) may, according to local actual conditions, need the assistance of public security organs of other provinces (autonomous regions and municipalities directly under the Central Government), take compulsory measures against criminal suspects or formulate internal examination and approval procedures for sealing up, distraining and freezing the property involved.
Article 29 The public security organ of the host country shall issue the following legal documents and procedures when sending personnel to the public security organ in different places to request assistance in information inquiry, investigation and evidence collection:
(a) cooperation in handling cases;
(2) Notice of summons, notice of deposit and remittance inquiry, notice of obtaining evidence and other relevant legal documents;
(3) the work certificates of the case-handling personnel.
If the host public security organ considers it unnecessary to send personnel to a public security organ in a different place, it may send a Notice of Cooperative Handling and related legal documents to the public security organ in the cooperative place, and the public security organ in the cooperative place shall organize verification as soon as possible. If the case is particularly serious and urgent, the cooperative public security organ shall reply within seven days; If the case is serious and urgent, it shall not exceed fifteen days; The general investigation shall not exceed thirty days. If the reply cannot be made on time due to special circumstances, the public security organ in the cooperative place shall explain the situation to the public security organ in the host place in time.
Article 30 When the public security organ of the host country sends personnel to the public security organ in a different place to ask for assistance in taking compulsory measures or searching, seizing or freezing the property involved, it shall issue the following legal documents and procedures:
(a) cooperation in handling cases;
(2) Arrest warrant, detention warrant, arrest warrant, search warrant or notice of seizure, notice of freezing and other relevant legal documents;
(3) the work certificates of the case-handling personnel.
Thirty-first failure to take timely measures may lead to the escape of the criminal suspect, or may transfer the property and important evidence involved, the public security organ in the host place may request emergency cooperation, and fax the case handling letter and relevant legal documents to the public security organ in the cooperation place. After receiving the cooperation letter, the public security organ of the cooperative place shall take timely measures to implement the cooperation matters. The public security organ of the host place shall immediately send personnel with legal certificates to the cooperative place to handle related matters.
Thirty-second cooperative public security organs shall examine the legal documents and procedures issued by the host public security organs. If the formalities are complete, it shall cooperate unconditionally in time. In addition to the reward fee for the wanted criminal suspect (including inputting the information of the criminal suspect into the fugitive information system of the public security information network), it is strictly forbidden to cooperate with the public security organs to ask for any form of handling fees in any name.
Article 33 When the cooperating public security organ discovers that the public security organ in the host country has violated the law in the process of cooperation, it shall promptly point out to the public security organ in the host country. In case of inter-provincial cooperation, the provincial public security organ at the place of cooperation may notify the provincial public security organ at the place of host for consultation. Failing to reach an agreement, the provincial public security organ in collaboration shall report to the Ministry of Public Security in a timely manner.
Without the approval of the superior public security organ, the cooperative public security organ shall not refuse or stop the cooperation.
Chapter V Law Enforcement Supervision and Responsibility Investigation
Thirty-fourth public security organs at all levels should strengthen supervision and law enforcement supervision over handling economic crime cases. In case of any of the following circumstances in handling economic crime cases, it shall be ordered to make corrections according to law or directly make a correction decision in accordance with the relevant provisions of the Regulations on Supervision of Public Security Organs and the Provisions on Supervision of Internal Law Enforcement of Public Security Organs. On the occurrence of law enforcement fault, should be in accordance with the "public security organs of the people's police law enforcement fault accountability provisions", according to the respective responsibilities of the people's police in handling cases, distinguish between different situations, respectively, shall be investigated for the responsibility of the case approver, auditor, case handler and other directly responsible persons. If a crime is constituted, criminal responsibility shall be investigated according to law.
(a) in violation of regulations, ultra vires jurisdiction over economic crime cases;
(two) in violation of the provisions of this regulation, the case review;
(three) in violation of the law and these Provisions, the case that should be filed or revoked shall not be filed or revoked;
(four) in violation of the law and these Provisions, it shall not be filed or revoked;
(five) in violation of laws and regulations, the wrong compulsory measures;
(six) in violation of the provisions of the law, take compulsory measures beyond the statutory time limit;
(seven) in violation of the law to take compulsory measures such as seizure, seizure and freezing of property;
(eight) in violation of regulations, refusing to perform the duties of handling cases, or obstructing the public security organs in different places to handle cases according to law.
Article 35 If the public security organ at the place where the case occurred goes outside the province (autonomous region or municipality directly under the Central Government) to handle the case and reports it to the public security organ at a higher level for examination and approval according to the internal examination and approval procedures formulated by the province (autonomous region or municipality directly under the Central Government), the public security organ at a higher level shall be responsible for the examination conclusion issued. However, if the public security organ at the place where the case occurred intentionally conceals or fabricates the facts when submitting the examination materials, the public security organ at the place where the case occurred shall bear all the responsibilities.
Chapter VI Supplementary Provisions
Article 36 These Provisions shall come into force as of June 1 day, 2006.
Thirty-seventh before the promulgation of these Provisions, the normative documents formulated by the Ministry of Public Security for handling economic crime cases are inconsistent with these Provisions, and these Provisions shall apply. Matters not specified in these Provisions shall be subject to the procedures for handling criminal cases by public security organs.