Chapter ⅤDealing with State Functionaries Involved in Organized Crime

Article 50 A state functionary who commits any of the following acts shall be subject to comprehensive investigation and be handled in accordance with the law:

(1) organizing, leading, or participating in organized crime;

(2) providing assistance to an organized crime group or its criminal activities;

(3) harboring an organized crime group or condoning organized crime;

(4) committing dereliction of duty when investigating and handling a case of organized crime;

(5) interfering in anti-organized crime work by taking advantage of his power or the influence of his position; and

(6) other illegal or criminal acts involving organized crime.

A state functionary who organizes, leads others to commit, or participates in organized crime shall be subject to heavier penalties in accordance with the law.

Article 51 Supervisory organs, the people's courts, the people's procuratorates, public security organs, and judicial administrative organs shall strengthen coordination and cooperation, establish clues handling and exchange mechanisms, and shall, when discover clues to suspected criminal or other illegal activities of state functionaries as specified in Article 50 of this Law, handle the clues in accordance with the law or transfer them to competent organs in a timely manner.

Any entity or individual that discovers criminal or other illegal acts committed by a state functionary in relation to organized crime shall have the right to file reports, accusations, or information to the relevant departments such as the supervisory organ, the people's procuratorate, and the public security organ. Relevant departments shall handle the received reports, accusations, or information in a timely manner.

Article 52 State functionaries who investigate and handle cases of organized crime in accordance with the law or support or assist in the investigation and handling of cases of organized crime within their responsibilities shall not commit the following acts:

(1) declining to accept reports, accusations, or information, refusing to report or to truthfully report criminal information or clues discovered, or without approval or authorization disposing of or failing to transfer clues to crimes or materials involved in cases;

(2) tipping violators and offenders off or obstructing the investigation of cases;

(3) handling cases in violation of the facts and laws;

(4) in violation of regulations, sealing, seizing, freezing, or disposing of property involved in cases;

(5) other acts related to abuse of power, neglect of duty, and malpractice for private gains.

Article 53 Upon receiving information against law enforcement or judicial officials who are in charge of anti-organized crime work, relevant organs shall handle the information in accordance with the law, and prevent criminal suspects or defendants, among others, from using the information to obstruct case handling and retaliate.

Those who distort facts or make untrue statements and falsely accuse law enforcement or judicial officials in charge of anti-organized crime work by filing information or any other means shall be held liable in accordance with the law; where adverse effects are inflicted, actions shall be taken in a timely manner in accordance with regulations to clarify the fact, restore reputation and eliminate adverse effects.

Chapter Ⅵ International Cooperation

Article 54 The People's Republic of China shall cooperate in anti-organized crime work with other countries, regions, and international organizations in accordance with the international treaties it has concluded or acceded to or based on the principle of equality and reciprocity.

Article 55 Relevant departments of the State Council shall, upon the authorization of the State Council, represent the Chinese government to conduct anti-organized crime information exchange and law enforcement cooperation with foreign governments and relevant international organizations.

The department of public security of the State Council shall strengthen cross-border anti-organized crime police cooperation and promote the establishment of police cooperation mechanisms with relevant countries and regions. With the approval of the department of public security of the State Council, public security organs in border areas may establish cross-border organized crime information exchange and police cooperation mechanisms with law enforcement agencies in neighboring countries or regions.

Article 56 The criminal judicial assistance and extradition involving organized crime shall be conducted in accordance with the provisions of relevant laws.

Article 57 The materials obtained through international cooperation in anti-organized crime work may be used as evidence in administrative penalties and criminal proceedings, except as otherwise provided by treaties or the undertakings of China.

Chapter Ⅶ Safeguard Measures

Article 58 The state shall provide necessary organizational, institutional, and material safeguards for anti-organized crime work.

Article 59 Public security organs and relevant departments shall, within their responsibilities, establish and improve professional anti-organized crime forces, strengthen the building of talent teams and professional training, and enhance the ability of combating organized crime.

Article 60 The State Council and local people's governments at or above the county level shall, in accordance with the division of duties, include the funds for anti-organized crime work in the government fiscal budget at the same level.

Article 61 Where the personal safety of a person or the person's close relatives is in danger because the person has reported, accused others of, or acted to stop organized crimes, or testified in cases of organized crime, the relevant public security organ, the people's procuratorate, and the people's court shall adopt one or more of the following protective measures in accordance with relevant regulations:

(1) keeping confidential the real name, address, employer and other personal information;

(2) adopting specific measures of testifying in court which avoid exposing the actual appearance, true voice, and other information;

(3) prohibiting certain persons from having contacts with those under protection;

(4) adopting special protective measures to protect their personal safety and residential security;

(5) changing the identity of those under protection and rearranging residence and employment; and

(6) other necessary protective measures.

Article 62 The protective measures specified in Subparagraphs (3) and (4) of Article 61 of this Law shall be implemented by public security organs. If the identity of the protected person needs to be changed according to the Subparagraph (5) of Article 61 of this Law, the department of public security of the State Council shall grant approval and organize implementation.

Where public security organs, the people’s procuratorates, and the people’s courts take protective measures in accordance with the law, relevant entities and individuals shall provide cooperation.

Article 63 Where a person who committed organized crime cooperates in investigation, prosecution, trial, and other work and plays an important role in cracking a case or ascertaining the facts of a case, the provisions on witness protection shall apply, mutatis mutandis, to the person.

Article 64 For law enforcement and judicial officials handling cases of organized crime and their close relatives, protective measures may be adopted, such as personal protection and the prohibition of certain persons from having contacts with them.

Article 65 Persons who are injured or disabled or die because of performing their anti-organized crime duties, or assisting or cooperating with relevant departments in anti-organized crime work shall be provided with corresponding benefits in accordance with the relevant regulations of the state.