Criminal suspects and defendants who participate in organized criminal organizations may be punished according to the different circumstances of the case.

In handling organized crime cases, we should take facts as the basis, take law as the criterion, and adhere to the principle of combining leniency with severity.

When handling the case of * * * accomplice, especially the case of group crime, it is necessary to find out the facts of the whole case, and besides the escaped members can handle it separately, the accomplice who should be investigated for criminal responsibility can be prosecuted and sentenced. Before the facts of the whole case are ascertained, we must never rush to kill the ringleaders or principals, or divide the cases and deal with them separately. Doing so may not only lead to inaccurate conviction and improper sentencing, but also lead to death without evidence, which is easy to miss the conviction of joint members and even criminals, and it is difficult to "catch gangs quickly and severely" according to law.

Regarding the handling of cases:

First, handling organized crime cases should be based on facts, take the law as the criterion, and adhere to the principle of combining leniency with severity.

Organizers, leaders and key members of underworld organizations should strictly grasp the applicable conditions of bail pending trial, non-prosecution, probation, commutation, parole and temporary execution outside prison, and fully apply penalties such as deprivation of political rights, confiscation of property and fines.

If a criminal suspect or defendant of an organized crime voluntarily confesses his crime truthfully, admits the accused criminal facts and is willing to accept punishment, he may be treated leniently according to law.

Second:

Crimes committed through the Internet that conform to the provisions of Article 2 of this Law shall be recognized as organized crimes.

In order to seek illegal interests or influence, organized harassment, entanglement, trouble, gathering people to create momentum, etc. , psychological coercion to others, enough to limit personal freedom, endanger personal and property safety, affect the normal social and economic order, can be identified as the criminal means of organized crime.

Third:

Public security organs should use modern information technology in accordance with the law, establish a mechanism for collecting and judging clues of organized crime, and dispose of them by classification.

After receiving reports, complaints and reports on organized crime, the public security organ shall make statistics, analysis and judgment in time, organize verification or transfer them to the relevant competent authorities for handling according to law.

Fourth: If the relevant state organs find clues about organized crime in performing their duties, or receive reports of organized crime, they shall promptly hand them over to the public security organs and other competent authorities for handling according to law.

Fifth, the public security organs can check the clues of organized crime and take investigation measures according to the relevant provisions of the state. Where the public security organ collects and obtains relevant information and materials from relevant units and individuals, the relevant units and individuals shall truthfully provide them.

Sixth, the public security organs can inquire about the clues of organized crimes of the underworld, and with the approval of the person in charge of the public security organs at or above the county level, they can inquire about the criminal suspects' deposits, remittances, bonds, stocks, fund shares and other property information.

If the public security organ checks the clues of organized crime of underworld nature and finds that the property involved is in danger of emergency loss or transfer, it may take emergency measures such as stopping payment or temporarily freezing or withholding the property involved with the approval of the person in charge of the public security organ at or above the municipal level, and the period shall not exceed 48 hours. If the time limit expires or the situation of implementing emergency measures disappears, the emergency measures shall be lifted immediately.

Article 7: If a public security organ finds criminal facts or criminal suspects after checking the clues of organized crimes of a triad nature, it shall file a case for investigation in accordance with the provisions of the Criminal Procedure Law of People's Republic of China (PRC).

Article 8: When handling organized crime cases, the public security organs may decide to take exit restriction measures against criminal suspects in accordance with the Law of People's Republic of China (PRC) on Exit and Entry Administration, and notify the exit and entry administration authorities to implement them.

Article 9: According to the needs of handling cases and maintaining supervision order, the criminal suspects and defendants in criminal cases involving organized crime of underworld nature may be detained in different places, separately or separately. If measures of detention in different places are taken, the criminal suspect, the defendant's family and the defender shall be notified according to law.

Article 10: After filing a case, the public security organ may, in accordance with the provisions of the Criminal Procedure Law of People's Republic of China (PRC), take technical investigation measures, implement controlled delivery, or let the relevant personnel conceal their identities for investigation.

Article 11: If a criminal suspect or defendant reports or exposes other accomplices in a major crime or provides important clues and evidence for the detection of a major case, if the handling of the case together may cause personal danger to himself or his close relatives, it may be handled separately.

Article 12: Criminal suspects and defendants actively cooperate with the investigation, prosecution and trial of criminal cases organized by underworld organizations. Under any of the following circumstances, the punishment may be lenient according to law, but it shall be strictly applied to the organizers and leaders of organized crime:

(1) Providing important clues or evidence for finding out the organizational structure of a criminal organization and the position and role of its organizers, leaders and ringleaders;

(2) Providing important clues or evidence for determining that a criminal organization has committed a major crime;

(3) Providing important clues or evidence for investigating and handling organized crimes committed by state functionaries;

(four) to assist in the recovery and confiscation of stolen money that has not yet been mastered;

(5) Other circumstances that provide important clues or evidence for investigating and handling criminal cases of organized crime of underworld nature.

If a criminal suspect or defendant who participates in an organized criminal organization does not prosecute or is exempted from criminal punishment, he may be admonished, ordered to make a statement of repentance, apologize and compensate for the losses, or be given administrative sanctions or penalties by the competent department according to the different circumstances of the case.

Article 13: Organizers and leaders of underworld organizations shall be confiscated according to law. Members of other organizations may, according to their position and role in criminal organizations, as well as the number, nature, amount and losses caused by illegal gains, impose fines or confiscate property.

Article 14: The executing organ shall strictly manage the criminals of organized crime according to law.

If the organizers, leaders and ringleaders of underworld organizations are sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty with a two-year suspension, they shall be executed in different places across provinces, autonomous regions and municipalities directly under the Central Government.

Legal basis:

Article 29 of the Law of People's Republic of China (PRC) on Combating Organized Crime

When handling organized crime cases, the public security organ may, in accordance with the provisions of the Law of People's Republic of China (PRC) on Exit and Entry Administration, decide to take measures to restrict the criminal suspect from leaving the country, and notify the exit and entry administration authorities to implement them.

Thirtieth of the criminal suspects and defendants in criminal cases of organized crime of underworld nature, according to the needs of handling cases and maintaining supervision order, can take measures such as detention in different places, detention alone or detention alone. If measures of detention in different places are taken, the criminal suspect, the defendant's family and the defender shall be notified according to law.

Article 31 After placing a case on file, the public security organ may, according to the needs of investigating crimes and in accordance with the provisions of the Criminal Procedure Law of People's Republic of China (PRC), take technical investigation measures, implement controlled delivery, or let the relevant personnel conceal their identities for investigation.