Dry!Take you to understand the "Anti -Organization Crime Law"

On December 24, 2021, the 32nd meeting of the Standing Committee of the 13th National People's Congress voted to pass the "People's Republic of China Anti -Organizational Crime Law" (hereinafter referred to as the Organizational Crime Law). Starting from the 1st.

There are organizational crimes related definitions

1. What is organized crime?

Some organizational crimes refer to the criminals organized by the "Criminal Law of the People's Republic of China" in Article 294 of Article 294 of the Criminal Law of the People's Republic of China.

2. What evil forces organizations?

Evil forces organization refers to illegal and criminal activities in a certain area or industry in a certain area or industry with violence, threats or other means. The social impact, but has not yet formed criminal organizations of underworld organizations.

3. What is soft violence?

It is clear that in order to obtain illegal interests or formed illegal impacts, some organizations are organized, entangled, tangled, troubled, and gathered to build the potential. It can be identified as a criminal means to organize crimes.

Content interpretation

1

Strictly crack down on criminal crimes in accordance with the law

It is clear that the concepts of organizational crimes and evil forces are clear. The organization of evil forces can apply the punishment and preventive measures stipulated in the law, and clarify the qualitative of the use of organizational crimes and "soft violence".

It stipulates that for organizers, leaders, and backbone members who have organized crimes, they should strictly grasp the applicable conditions for bail pending trial, non -prosecution, and probation, and fully apply punishment such as deprivation of political rights, confiscation of property, and fines; The property involved in the organizational case can take emergency measures for emergency, temporary freezing, and temporary seizure in accordance with the law; criminal suspects and defendants who organize criminal cases can take different places detained, separate detained, or separate detention; Criminal criminals execute penalties and strictly cut off parliaments.

Regarding the identification and disposal of the property involved in the case, the case handling agency can fully investigate the organization of the organization and the property status of the organization suspected of organizing crimes; The height of property may belong to the illegal income of the triad -oriented organization of crimes and its interests and benefits, and if the defendant cannot explain the legal source of property, it shall be recovered and confiscated according to law.

In order to prevent re -crimes, the personal property and daily activities reporting system after the organization and the triad organization of the organization and the triads of the organization and the triads, as well as strengthening supervision of the relevant personnel of the relevant personnel to open enterprises.

2

Deeply digging the evil forces to "protect the umbrella"

The fifth chapter of the Organizational Crime Law has stipulated the handling of national staff involving organizational crimes. It will investigate and handle state staff involved in organizational crimes as the focus of organizational crimes.

The specific content includes the specific types of illegal crimes involving national staff involved in organizational crimes. It is clear that for these behaviors, they should investigate and deal with them in accordance with the law. Relief from the law according to law; the supervisory organs, the people's court, the people's procuratorate, the public security organs, and the judicial administrative organs have strengthened collaboration and established a clue to handle communication mechanism. , Clarify the bottom line for the restricted area.

3

Strictly prevent evil forces from penetrating into the grassroots level

Article 12 of the Anti -Organizational Crime Law stipulates the joint audit mechanism in the election of grassroots mass autonomous organizations, and clarify that the civil affairs department shall work together with relevant departments such as supervision organs and public security organs to conduct the qualifications of the villagers and residents 'committees candidates for candidates for the residents' committee. Examination and found that if a criminal punishment for organizational crimes is implemented, it shall be dealt with in time in accordance with relevant regulations.

4

Prevent minors from being infringed

In order to prevent minors from being infringed, the anti -organizational crime law implements the responsibilities of all parties, and strengthens the punishment of organizational crimes involving minors.

The people's governments at all levels and relevant departments, village (residents), civil committees, corporate institutions, social organizations, and other aspects of their responsibilities are stipulated, and the legitimate rights and interests of the protection of minors and preventing minors from suffering from organized crime violations Special specifications.

In addition, in order to strengthen the punishment of organizational crimes involving minors, the anti -organizational crime law provides, and the development of minors participating in the underworld organization and overseas underworld organizations, instigating and deceiving minors to implement organizational crimes, or implementation If a criminal infringement of the legitimate rights and interests of minors, the criminal responsibility shall be investigated from law according to law; instigating and deceiving minors to participate in organized criminal organizations or prevent minors from exiting and organized criminal organizations.

5

Prevent evil forces from reuniting

The property disposal involved is a key link in the handling of crime and elimination cases. In order to eliminate the economic foundation of organizational crimes, to achieve "wealth and break the blood", prevent the evil forces from reuniting, and make some new rules for organizational criminal laws.

Specifically include: the property investigation system is specified, and the case handling agency can fully investigate the property status of the organization suspected of organizing crimes and their members; clarify the criminal facts of the defendant's criminal quantitative criminal facts that the defendant implements the crime of underworld organization. The height of the property obtained may belong to the illegal income of the triad's organization of crimes and its interests and benefits, and if the defendant cannot explain the legal source of property, it shall be recovered and confiscated according to law. 6

Protect the individual rights and interests involved in the case

Emphasizing anti -organizational crime should be carried out in accordance with the law, respecting and protecting human rights, and safeguarding the legitimate rights and interests of citizens and organizations.

It is clear that criminal suspects and defendants who have organized crimes may apply for guilty and punishment from the wide system; if the criminal suspects and defendants take different detention measures, their families and defender shall be notified in accordance with the law; The statutory conditions and procedures are carried out and specifically stipulated the relevant litigation rights of the stakeholder involved in the disposal of the property involved.

In addition, the protection measures of witnesses, appraisers, victims, and reporters are also specifically stipulated.

Source: Xinhua News Agency, Xiamen Changan.com

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