Several provisions on handling economic crime cases by public security organs

Chapter I Jurisdiction 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, it shall obtain the consent of the legal representative or principal responsible person of the unit. 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.