"Guiding Opinions on Several Issues Concerning Handling Criminal Cases of Underworld Forces"

Article 1 The people's courts, people's procuratorates, public security organs and judicial administrative organs at all levels should give full play to their functional roles, closely cooperate, support each other, and restrict each other to form a joint force in combating and strengthen the construction of long-term mechanisms for preventing and punishing crimes committed by evil forces. Correctly apply legal provisions to increase the intensity of punishment for crimes committed by gangsters and "protective umbrellas", embody the spirit of severe punishment in accordance with the law at all stages of investigation, prosecution, trial, and execution, strictly control bail pending trial, strictly control non-prosecution, strictly control probation, Commute sentences and parole, strictly control the applicable conditions for medical parole, make full use of the provisions of the General Provisions of the Criminal Law of the People's Republic of China on joint crimes and criminal groups to increase punishment, and make full use of qualification penalties and property penalties to reduce the possibility of recidivism. For crimes committed by gangsters, we must pay attention to parallel studies and judgments, conduct thorough investigations, prevent cases from being handled, and expedite handling in accordance with the law. Adhere to handling cases in accordance with the law, adhere to legal standards, adhere to trial as the center, strengthen legal supervision, strengthen procedural awareness and evidence awareness, correctly grasp the relationship between "hit early and hit small" and "hit accurately and hit hard", and implement the criminal policy of combining leniency and severity, Efforts should be made to ensure that leniency and severity are well-founded, punishments should be justified, and political, legal and social effects should be unified.

Article 2 The people's courts, people's procuratorates, public security agencies and judicial administrative agencies at all levels should focus on key areas, key industries and key fields where gangster crimes are prominent, and focus on cracking down on threats to political security, especially the security of the regime and system security, as well as those that threaten the political field. Infiltrating evil forces; evil forces that control grassroots political power, manipulate and sabotage grassroots general elections, monopolize rural resources, and embezzle collective assets; evil forces such as "village bullies" who use family and clan power to run rampant in the countryside, dominate one area, and bully and harm the people. Forces; evil forces that instigate trouble in the process of land acquisition, land leasing, demolition, and project construction; in industries and fields such as construction engineering, transportation, mineral resources, fishery, etc., forcibly soliciting projects, malicious bidding, and illegal land occupation , the evil forces that exploit and exploit indiscriminately; the evil forces that bully the market, buy and sell by force, collect protection fees in trade fairs, wholesale markets, stations, wharves, tourist attractions and other places; manipulate and operate " The evil forces involved in illegal and criminal activities such as "pornography, gambling and drugs"; the evil forces involved in illegal loan sharking and violent debt collection; the evil forces involved in civil disputes and acting as "underground law enforcement teams"; organizing or hiring cyber "trolls" to threaten people online , intimidation, insult, slander and harassment; the development and infiltration of overseas gangs and the transnational and cross-border evil forces. At the same time, we must resolutely dig deep into the "protective umbrella" of evil forces.

Article 3: Underworld organizations should simultaneously possess the "organizational characteristics", "economic characteristics", "behavioral characteristics" and "harmful characteristics" stipulated in Article 294, paragraph 5, of the "Criminal Law of the People's Republic of China ". Since in practice many underworld organizations do not have these "four characteristics" very obvious, when making specific identifications, the internal connections between the "four characteristics" of underworld organizations should be carefully reviewed and analyzed according to the original intention of the legislation, and the crimes involved should be accurately evaluated. The social harm caused by the organization must not be in vain.

Article 4 The act of initiating or establishing a gangland organization, or merging, dividing, or reorganizing a gangland organization shall be deemed as "organizing a gangland organization"; the act of actually making decisions, directing, and coordinating the development, operation, and activities of the entire organization , management behavior should be identified as "leading a gangland organization." Organizers and leaders of underworld organizations include not only organizers and leaders with clear duties and titles who are produced through certain forms, but also include de facto organizers and leaders who are recognized in underworld organizations.

Article 5 Anyone who knows or should know that an organization whose basic activity is to commit illegal crimes still joins and accepts its leadership and management shall be deemed as "participating in a mafia-type organization." Those who have no intention of joining a triad organization, are employed to work in companies, enterprises, or associations run by a triad organization, and do not participate in any illegal or criminal activities of a triad organization, should not be deemed to be "participating in a triad organization."

Anyone who participates in a gangland organization and has one of the following circumstances should generally be deemed as "actively participating in a gangland organization": actively participating in illegal and criminal activities of a gangland organization for many times, or actively participating in more serious criminal activities of a gangland organization and playing a role Prominence, and other situations that play an important role in the organization, such as being specifically responsible for the financial, personnel management and other matters of the underworld organization.

Article 6 After an organization is formed, it shall continue to exist within a certain period of time and shall be deemed to have "formed a relatively stable criminal organization."

Triad-type organizations are generally difficult to form in a short period of time, and have a large number of members. However, given that the development of "evil force" gangs and criminal groups into triad-type organizations is a gradual process, and there is no obvious point of change in nature, it is difficult for triad-type organizations to It is not appropriate to make "one size fits all" regulations regarding issues such as time and number of members.

If a mafia-type organization does not hold an establishment ceremony or conduct similar activities, the establishment time may be determined based on the time of occurrence of landmark events that are sufficient to reflect its initial illegal influence. If there are no obvious landmark events, the time when the organizer, leader and other members of the organization first jointly carried out the criminal activities of the organization can be determined as the formation time of the organization in accordance with the provisions of this opinion on the scope of identification of illegal and criminal activities of underworld organizations. . If the organizer or leader has not been prosecuted due to failure to show up to the case or due to legal circumstances such as death, this will not affect the determination.

Members of underworld organizations include members of organizations that have been proven by sufficient evidence but have not yet been brought to justice, and members who have participated in underworld organizations but have not been prosecuted because they have not reached the age of criminal responsibility or due to other legal circumstances, or have not been prosecuted based on specific circumstances. As a member of a crime handling organization.

Article 7 Anyone who obtains economic benefits through the following methods during the formation and development of an organization shall be deemed as “organized to obtain economic benefits through illegal and criminal activities or other means”:

(1) Organized accumulation through illegal and criminal activities or other improper means;

(2) Organized acquisition through legal production and business activities through investment, holding, shareholding, partnership, etc.;

(3) Provided by organization members or obtained through funding from other units, organizations, and individuals.

Article 8 Obtaining a certain amount of economic benefits through the above methods shall be deemed to have "certain economic strength", which also includes the ability to mobilize a certain scale of economic resources to support the activities of the organization. The economic benefits obtained through the above methods, even if they are personally controlled by some members of the organization, should be included in the "economic strength" of the underworld organization. If an organization member actively uses part of his or her personal or family assets to support the activities of the organization, all of his or her personal or family assets may be counted as "certain economic strength," unless the amount is obviously small or only the right to use movable or immovable property is provided.

Since the level of economic development in different regions and the profit margins of different industries are very different, and the existence and development time of gangster organizations are also different, when handling cases, we cannot generally require that the economic strength of gangster organizations must be Reach a certain size or a certain amount.

Article 9 Illegal and criminal activities carried out by underworld organizations include non-violent illegal and criminal activities, but violence or the threat of violence is always the basic means used by underworld organizations to carry out illegal and criminal activities, and may be implemented at any time. Although the color of violence and threats is not obvious, it is actually based on the power, influence and criminal ability of the organization, and based on the realistic possibility of violent threats, which is enough to cause fear and panic in others, thereby forming psychological coercion or enough to influence or restrict Means that endanger personal freedom, endanger the safety of personal and property, or affect normal production, work, and life belong to the "other means" in Item (3) of Article 294, Paragraph 5, of the Criminal Law, including but not limited to so-called "Negotiation," "consultation," "mediation," as well as methods such as nuisance, entanglement, making noise, and gathering crowds to build momentum.

Article 10 To establish, maintain, or expand the power, influence, and interests of an organization or to carry out illegal and criminal activities multiple times in accordance with disciplines, regulations, and organizational practices, infringe upon the personal rights, democratic rights, and property rights of unspecified people, and undermine economic order and social order. Order should be identified as "organized repeated illegal and criminal activities, committing evil acts, oppressing and harming the masses."

If any of the following circumstances are met, it shall be deemed to be an illegal and criminal activity carried out by a triad organization:

(1) To compete for the organization’s sphere of influence, attack competitors, form a strong position, seek economic benefits, establish illegal authority, expand illegal influence, seek illegal protection, enhance criminal capabilities, etc.;

(2) Implemented in accordance with the organization’s disciplinary regulations and organizational practices;

(3) Organizers and leaders directly organize, plan, direct, and participate in implementation;

(4) Implemented by members of the organization in the name of the organization and approved or tacitly approved by the organizer and leader;

(5) Multiple members of an organization jointly commit the crime for the purpose of seeking hegemony, intervening in disputes, retaliating against others, committing crimes on behalf of others, or illegally enriching themselves, and this is recognized or tacitly approved by the organizer or leader;

(6) Other crimes that should be determined to be carried out by underworld organizations.

Article 11 In view of the relative size of the "certain area" illegally controlled and influenced by underworld organizations, we cannot simply require that the "certain area" must reach a specific spatial range, but should be based on the specific case circumstances and combined with the nature of the underworld. The organization conducts comprehensive analysis and judgment on the degree of harm to the economic and social order of life.

By carrying out illegal and criminal activities, or taking advantage of the cover of state functionaries or failing to perform their duties in accordance with the law, allowing gangster organizations to carry out illegal and criminal activities, dominating one party, and having one of the following circumstances, it can be determined as "in a certain area or industry" Within a certain period of time, it has formed illegal control or major influence and seriously undermined the order of economic and social life”:

(1) As a result, many people living in a certain area or engaged in production or business in a certain industry are afraid to report or accuse through legitimate channels after their legitimate interests have been infringed upon by crimes or serious illegal activities;

(2) Forming a monopoly on the production and operation of a certain industry, or having a significant impact on the access, operation, competition and other economic activities involving a certain industry;

(3) Intervening in civil disputes or economic disputes, causing serious impact in relevant areas or industries;

(4) Interfering with or damaging the normal production, operation, and life of others, and causing serious impact in the relevant area or industry;

(5) Interfering with or damaging the normal production, operation, and working order of companies, enterprises, institutions, and social groups, causing serious impact in relevant areas and industries, or causing them to be unable to produce, operate, or work normally;

(6) Repeatedly disrupting or disrupting the work order of party and state agencies, industry management departments, village committees and neighborhood committees and other grassroots self-governing organizations, or causing the above-mentioned units and organizations to be unable to perform their functions normally;

(7) Using the power and influence of the organization to help organization members or others gain political status, or to hold certain positions in party and government organs or grassroots mass autonomous organizations;

(8) Other situations that cause illegal control or significant influence and seriously disrupt the order of economic and social life.

Article 12 For organizers, leaders and active participants who have been sentenced to fixed-term imprisonment of more than five years for the crime of participating in a gangland organization, additional supplementary measures may be applied in accordance with the provisions of Article 56, Paragraph 1, of the Criminal Law of the People's Republic of China. Deprivation of political rights. Members of organizations who comply with the provisions of Article 37-1 of the Criminal Law shall be prohibited from engaging in relevant occupations in accordance with the law. Organization members who comply with the provisions of Article 66 of the Criminal Law shall be deemed as recidivists and shall be severely punished in accordance with the law.

For gangster organized criminals who have been sentenced to death with a suspended sentence for organized violent crimes, a decision can be made to limit the commutation of their sentences at the same time in accordance with the provisions of Article 50, Paragraph 2, of the Criminal Law. For organized criminals of a triad nature who have been sentenced to fixed-term imprisonment of more than ten years or life imprisonment for organized violent crimes, they shall not be eligible for parole in accordance with the provisions of Article 81, paragraph 2, of the Criminal Law.

Article 13 All personal property of organizers and leaders shall generally be confiscated. For those who are indeed key members or active participants who transfer or conceal assets for the organization, all personal property may also be confiscated. For other organization members, the application of property penalties shall be determined in accordance with the law based on the number, nature, status, role, amount of illegal gains, and amount of losses caused by the illegal and criminal activities they participate in.

Article 14: Organizations that have the following circumstances should be identified as "evil forces": often gathering together, using violence, threats or other means to carry out illegal and criminal activities in a certain area or industry multiple times, committing evil acts, and oppressing the people. , disrupting the order of economic and social life and causing relatively bad social impact, but it has not yet formed an illegal and criminal organization with a mafia nature. Evil forces generally consist of three or more people, with relatively fixed gatherings. Illegal and criminal activities mainly include forced transactions, intentional injury, illegal detention, extortion, intentional destruction of property, gathering to fight, picking quarrels and provoking troubles, etc. At the same time, they may also be accompanied by the opening of casinos, organizations Prostitution, forced prostitution, drug trafficking, drug transportation, drug manufacturing, robbery, snatching, gathering people to disrupt social order, gathering people to disrupt order in public places, traffic order, and gathering people to "beat, smash and loot", etc.

In the criminal identification part of relevant legal documents, expressions such as "evil forces" can be used to describe it.

Article 15 An evil criminal group is an evil criminal organization that meets the legal conditions for a criminal group. Its characteristics are as follows: there are more than three organizational members, there is an obvious ringleader and important members are relatively fixed, and the organizational members often gather together to work together. Deliberately commit more than three criminal activities or other criminal activities habitually carried out by evil forces.

Article 16 When handling criminal cases committed by evil forces, the public security organs, people's procuratorates, and people's courts shall, in accordance with the above provisions, distinguish themselves from ordinary criminal cases, make full use of the provisions of the General Provisions of the Criminal Law on joint crimes and criminal groups, and severely punish them in accordance with the law. .

Article 17: In order to seek illegal benefits or create illegal influence, evil forces use means such as nuisance, entanglement, noise, and gathering crowds to infringe personal rights and property rights in an organized manner, and disrupt economic and social order, which constitutes a crime. The following shall be dealt with in accordance with the relevant provisions of the Criminal Law:

(1) Organized use of means such as nuisance, entanglement, noise, and gathering to create momentum to disrupt normal work and life order, causing psychological fear to others or forming psychological coercion, respectively, fall under Article 293, 1 of the Criminal Law "Intimidation" stipulated in subparagraph (2) of this paragraph, "threat" stipulated in Article 226 of the Criminal Law, and those that meet the conditions for constituting other crimes shall be convicted and punished respectively for the crime of picking quarrels and provoking trouble and the crime of forced transaction.

"Interpretations on Several Issues Concerning the Application of Laws in the Handling of Criminal Cases of Picking Quarrels and Provoking Trouble" The "multiple times" in Articles 2 to 4 should generally be understood as committing acts of picking quarrels and provoking trouble three or more times within two years. Anyone who repeatedly commits different types of provocations and provocations within two years shall be held criminally responsible.

(2) Forcibly extorting public or private property for the purpose of illegal possession, and using organized methods such as nuisance, entanglement, noise, and gathering to create momentum to disrupt the normal order of work and life, while complying with the provisions of Article 274 of the Criminal Law If other crime constituting conditions are met, he shall be convicted and punished for the crime of extortion. If it is committed by multiple people at the same time or in uniform dress, exposed tattoos, special logos, or other explicit or implicit methods that are sufficient to make the other party perceive the organized nature of the relevant behavior, it shall be determined. It is "extortion and extortion in the name of evil forces" as stipulated in Article 2 (5) of the "Interpretations on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Extortion". If the above methods are used and at the same time constitute other crimes, they shall be convicted and punished in accordance with the provisions of heavier penalties in accordance with the law.

If hiring or instructing others to use the above-mentioned means to force transactions or extort in an organized manner constitutes the crime of forced transactions or extortion, the employer or instigator shall generally be punished as the principal offender in a joint crime. In order to extort debts that are not protected by law or for other illegal purposes, hiring or instigating others to use the above-mentioned methods to provoke quarrels and troubles in an organized manner constitutes the crime of picking quarrels and provoking troubles. The employer and instigator shall generally be punished as the principal offender in a joint crime. ; If the person is hired or instigated to recover legal debts or due to civil conflicts such as marriage, family, or neighborhood disputes, and does not cause serious consequences, it will generally not be treated as a crime, except for cases where the crime continues after being criticized and stopped by the relevant departments or dealt with and punished.

Article 18 If organized crime forces illegally detain others for short periods of time multiple times, it shall be deemed as “illegal deprivation of another person’s personal freedom by other means” as stipulated in Article 238 of the Criminal Law. Anyone who illegally detains another person more than three times, each lasting more than four hours, or who illegally detains another person for more than twelve hours in total, shall be convicted and punished for the crime of illegal detention.

Article 19 In private lending activities, if there are any unauthorized establishment of financial institutions, illegal collection of public deposits, fraudulent loans, extortion of funds from financial institutions to issue usury loans, intentional homicide, intentional injury, illegal detention, intentional destruction in order to extort debts, Property and other acts shall be investigated, prosecuted and tried according to the specific crime. If the conditions for concurrent punishment for several crimes are met according to law, they shall be punished concurrently.

Article 20 For the purpose of illegal possession, in the name of private lending, through "falsely increasing debts", "signing false loan agreements", "creating fund transfer flows", "arbitrarily determining breach of contract", "transferring orders to settle accounts" and "false litigation" Anyone who illegally possesses other people's property by other means, or uses violence or threats to establish or forcibly collect debts, shall be investigated, prosecuted, and tried for crimes such as fraud, forced transaction, extortion, robbery, and false litigation based on the specific facts of the case. The inflated "debt" other than the actual income of the victim of illegal possession and the additional fees deducted or charged in various names such as "security deposit, agency fee" and "service fee" should be included in the illegal income. For the nominal victim Income, but the evidence on record can prove that it was actually used by the criminal suspect or defendant to commit subsequent crimes as a "loan", shall be confiscated.

Article 21 Those who use various forms such as debt collection companies and "underground law enforcement teams" to carry out the above-mentioned activities in an organized manner and meet the criteria for identifying underworld organizations and criminal groups shall be punished according to the crime of organizing, leading, participating in underworld organizations or criminal groups. Group investigation, prosecution, and trial.

Article 22 The "covering up" behavior specified in paragraph 3 of Article 294 of the Criminal Law does not require relevant state agency staff to take advantage of their positions. Anyone who takes advantage of his position to cover up a mafia-type organization shall be severely punished as appropriate. Those who harbor or condone underworld organizations and have conspired in advance shall be punished as accomplices in specific crimes.

Article 23 The public security organs, people's procuratorates, and people's courts shall promptly transfer clues to the relevant competent authorities and other departments that are suspected of harboring, condoning crimes of organized crime, accepting bribes, dereliction of duty, and other violations of laws and disciplines found in handling criminal cases involving gangsters. Relevant departments must resolutely punish job-related crimes that serve as a "protective umbrella" for evil forces in accordance with the law.

Article 24: Rural “Two Committees” and other personnel shall be severely punished in accordance with the law for taking advantage of their power to bully the weak and eat at the expense of others in the process of applying for and issuing agricultural-related subsidies to benefit farmers, rural infrastructure construction, compensation for land acquisition and demolition, disaster relief, poverty alleviation, and ecological and environmental protection. The crimes of taking cards, embezzling and misappropriating special state funds, and indulging and shielding "village tyrants" and evil clan forces, causing them to become more troublesome, or accepting bribes and practicing favoritism to act as a "protective umbrella" for "village tyrants" and clan evil forces "crimes.

Article 25 When investigating criminal cases committed by evil forces, the public security organs shall pay attention to promptly digging into the corruption issues behind them. For criminal suspects suspected of particularly major bribery crimes, they shall promptly work with relevant agencies to implement Article 3 of the Criminal Procedure Law. According to the relevant provisions of Article 17, defense lawyers who meet with criminal suspects in custody during the investigation must obtain permission from the relevant investigative agencies.

Article 26 The public security organs, people's procuratorates, and people's courts shall, based on the litigation needs of organized crime cases of a triad nature, investigate, seal, seize, and freeze all property involved in the case in accordance with the law. During the investigation, the public security organs must work with the industry and commerce, taxation, land, housing and construction, auditing, People's Bank of China and other departments to comprehensively investigate the property status of gang-related organizations and their members.

For operating assets that are not suitable for sealing, seizing, or freezing, you can apply to the local government to designate relevant departments or entrust relevant institutions to take custody or custody.

The case-handling unit may entrust a specialized agency to assess the amount of property, interest and income accumulated by underworld organizations and their members; if it is indeed impossible to accurately calculate, it may be reasonably estimated based on relevant legal provisions and ascertained facts and evidence.

Article 27: For property involved in triad organizations that have been sealed, frozen, and seized in accordance with the law, relevant evidence proving its source, nature, purpose, ownership, and value must be comprehensively collected and examined. If any of the following circumstances is met, it shall be recovered or confiscated in accordance with the law:

(1) Property accumulated by the organization and its members through illegal and criminal activities or other improper means, as well as its interest and gains;

(2) The property accumulated by members of the organization through their personal illegal and criminal activities and their interest and income;

(3) Property funded or proactively provided by other units, organizations, and individuals to support the organization’s activities;

(4) The part of the property acquired through legal production and business activities or the legal assets of the individual or family members of the organization that is actually used to support the activities of the organization;

(5) Contraband illegally held by members of the organization and personal property used for crime;

(6) Property and interest obtained by other units, organizations, and individuals through illegal and criminal activities of underworld organizations;

(7) Other property that should be recovered or confiscated.

Article 28 If the illegal gains have been used to pay off debts or transferred to others, and under any of the following circumstances, they shall be recovered in accordance with the law;

(1) The other party knowingly acquires property and its interest and gains through illegal and criminal activities or other improper means;

(2) The other party obtains it for free or at a price significantly lower than the market price;

(3) The other party obtained it due to illegal debts or illegal and criminal activities;

(4) Obtained maliciously through other means.

Article 29 If the property that should be recovered or confiscated according to law cannot be found, has been acquired by others in good faith, has lost value, or is mixed with other legal property and is indivisible, other properties of equal value may be recovered or confiscated.

Article 30: If a suspect or defendant of a crime organized by a mafia-type organization escapes and fails to appear in court after being wanted for one year, or if the criminal suspect or defendant dies, his or her illegal income shall be confiscated in accordance with legal procedures.

Article 31 The property involved in the case that has been sealed, detained, or frozen in accordance with the law shall be returned if there is evidence to prove that it is clearly the legitimate property of the victim or has nothing to do with the underworld organization and its illegal and criminal activities.

Article 32: Judicial administrative organs shall strengthen the guidance and supervision of lawyers' defense representation work in cases involving criminal organizations of a triad nature, and guide law firms to establish and improve a system for requesting instructions, reporting, collective research, and inspection and supervision for lawyers handling cases of crimes committed by triad organizations. The case-handling agency shall ensure lawyers' various litigation rights and representation responsibilities in accordance with the law and provide convenience to prevent defense lawyers from hindering the performance of their duties in accordance with the law and affecting the handling of cases.

When a criminal case involving criminal forces is tried in court, the people's court shall notify the judicial administrative agency with supervisory and administrative authority over the defense lawyer's firm to send personnel to observe the case.

For lawyers who violate meeting regulations; create public pressure, attack and slander judicial organs and judicial systems, and interfere with the normal conduct of litigation activities by organizing groups, co-signing, publishing open letters, organizing online gatherings, expressing support, etc., or in the name of case studies, Instigating, instigating and organizing parties or other persons to sit in at judicial organs or other state organs, holding placards, banners, shouting slogans, etc., disrupting public order and endangering public security; violating regulations to disclose or disseminate information about cases that are not open to the public , materials, or if I or other lawyers learn important information or evidence about the case during the handling of the case, the judicial administrative agency shall impose penalties in accordance with relevant regulations. If a crime is constituted, criminal liability shall be pursued in accordance with the law. For violations of laws and regulations in lawyers' defense and agency activities, relevant case-handling agencies should pay attention to collecting fixed evidence and make judicial suggestions.

Article 33 Prisons should strictly manage criminals who organize, lead, and participate in underworld organizations, and strictly enforce law enforcement activities such as meetings with criminals, commutation of sentences, parole, and temporary execution outside prison. Organizers and leaders of underworld organizations who are sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and whose death sentences are suspended for two years and commuted to fixed-term imprisonment or life imprisonment, shall be detained in different places across provinces, autonomous regions, and municipalities directly under the Central Government. Actively carry out investigation of criminal clues of criminal forces, educate and guide prisoners to report and expose crimes. Community correction institutions should carefully conduct investigations and evaluations of criminal suspects and defendants in gang crime cases that are intended to be subject to community correction to provide reference for the accurate application of non-custodial sentences. Prisoners in the community must be strictly supervised and educated. The public security organs, people's procuratorates, people's courts, and judicial administrative organs must strengthen coordination and linkage, improve emergency response mechanisms, and properly deal with situations where community prisoners escape supervision and commit crimes again.

Article 34: To handle criminal cases committed by gangsters, we must establish and improve working mechanisms for major and difficult case consultations and case notifications in accordance with the law, further strengthen cooperation between political and legal agencies, and form a joint force in combating crimes; high public attention and social influence For major criminal cases committed by evil forces, measures such as listing supervision, elevating to one level, off-site jurisdiction, designated jurisdiction, and on-site joint supervision shall be adopted in accordance with the law to ensure the quality of the cases. Based on the actual situation of handling criminal cases involving underworld forces, we will promptly summarize problems, summarize experiences, and issue relevant evidence standards in a timely manner to ensure effective crackdowns.

Article 35 The public security organs, people's procuratorates, and people's courts shall handle cases of crimes committed by organized crime groups of a mafia nature in accordance with the "Provisions of the Criminal Procedure Law on Several Issues Concerning the Handling of Cases of Crimes of Underworld Organizations" and the "Regulations on the Protection of Witnesses in Criminal Cases Handled by Public Security Organs" According to the relevant provisions of the law, protective measures shall be taken for witnesses, reporters, accusers, informants, appraisers, and victims.

Criminal suspects and defendants shall actively cooperate with investigations, prosecutions, and trials to ascertain the organizational structure and the status and role of organizers and leaders of underworld organizations, organize and commit major criminal facts, recover and confiscate illicit money and stolen goods, and combat " "Protective Umbrella" and other aspects provide important clues and evidence, and if it is verified to be true, the punishment can be given lightly, reduced or exempted according to the law according to the specific circumstances of the case, and protective measures can be taken with reference to the relevant provisions on witness protection. The aforementioned provisions stipulate that criminal suspects and defendants who are indeed organizers and leaders must be strictly controlled.

For members of organizations who have indeed made major meritorious services or played an important role in determining major criminal facts or recovering or confiscating gang-related property, if it is indeed necessary to protect them through separate trials, the public security organs may, on the basis of full communication with the People's Procuratorate and the People's Court, make a decision to handle another case.

If protective measures need to be taken for political and legal police officers and their close relatives who handle criminal cases involving underworld organizations, they can refer to the "Criminal Procedure Law" and other relevant provisions on witness protection, and adopt measures such as prohibiting contact with specific persons and carrying out special inspections of persons and residences. Protection and other necessary measures to ensure the personal safety of judicial staff handling cases and their close relatives.

Article 36 After the promulgation and implementation of these Opinions, other relevant normative documents jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice or independently formulated. If the content is inconsistent with the relevant provisions of these Opinions, they shall be treated in accordance with these Opinions. Implementation of opinions .