Analysis of the Anti-Organized Crime Law (4)

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-Organized Crime Law", which will be effective from May 2022. It will come into effect on January 1st. Chapter 9 and 77 Articles of the Anti-Organized Crime Law include general principles, prevention and management, case handling, identification and disposal of property involved, handling of state personnel involved in organized crime, international cooperation, etc. Now, let’s follow along to learn the highlights of this “sharp tool” for combating organized crime and the rule of law!

07 What are the regulations on anti-money laundering supervision?

Article 17 The State Council’s anti-money laundering regulations The administrative departments in charge of money laundering and other relevant departments and institutions of the State Council shall urge financial institutions and specific non-financial institutions to fulfill their anti-money laundering obligations. If suspicious transaction activities related to organized crime are discovered, can the relevant competent authorities conduct investigations in accordance with the law? If the suspicion of money laundering cannot be ruled out after investigation, the case should be reported to the public security agency in a timely manner.

Analysis Criminal organizations need a large amount of funds to maintain operations and organize and implement illegal and criminal activities. One of the core requirements of the special campaign against gangs and evil is to "cut off wealth and cut off blood", and "cutting off money and cut off blood" not only requires cracking down on the property of criminal organizations, but also requires cracking down on their property circulation channels. Therefore, an important aspect of anti-organized crime work is to effectively monitor and crack down on the activities of criminal organizations in raising and transferring funds, cutting off their economic circulation channels, and causing them to lose the economic ability to maintain the existence of the organization, develop and expand personnel, and commit crimes. Base.

08 How does the Anti-Organized Crime Law prevent overseas triad organizations from entering, infiltrating, developing and carrying out illegal and criminal activities?

Article 21 Immigration management, customs, maritime affairs The police and other departments should work with the public security organs to strictly prevent overseas triad organizations from entering, infiltrating, developing, and carrying out illegal and criminal activities. Entry-exit document-issuing agencies and immigration management agencies have the right to decide not to allow members of overseas triad organizations to enter the country, not to issue entry documents, or to declare their entry documents invalid. Immigration management, customs, coast guard and other departments should promptly notify the public security organs if they discover members of overseas triad organizations entering the country. If relevant persons are found to be suspected of violating Chinese laws or items suspected of organized crime are found, they shall be detained in accordance with the law and dealt with in a timely manner.

Analysis To prevent and control organized crime, in addition to paying attention to domestic underworld organizations and evil forces organized crime, we also need to pay attention to overseas underworld organizations. The emergence of organized crime in our country comes from the growth of domestic criminal organizations on the one hand, and the infiltration of overseas criminal organizations on the other. Overseas criminal organizations adopt a variety of infiltration methods, such as protecting the entry of underworld personnel as investors and defrauding them to gain a foothold in legal professions, contacting and cultivating representatives of domestic underworld forces, and developing crimes in the fields of drugs, counterfeit currency, firearms, and pornography. Market, through a variety of media, a large number of methods and means of organized crime are disseminated into the country. Therefore, in addition to effectively combating domestic organized crime, it is also necessary to strictly prevent the infiltration of overseas organized crime.