What are the rules for handling criminal cases involving the military and local authorities?

Criminal cases involving the army and localities are different from ordinary criminal cases and have special provisions in procedure. In order to maintain the stability of the army and society, the relevant departments have issued specific regulations for handling such cases. Let's get to know them with me.

What are the rules for handling criminal cases involving the military and local authorities?

Based on the requirements of safeguarding national military interests and maintaining social stability, the principle of division of responsibilities, mutual cooperation, timely standardization and handling according to law is adhered to in handling military and civilian cases. Under different circumstances, there are corresponding special provisions on jurisdiction.

Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice and the General Political Department of the People's Liberation Army on Printing and Distributing the Provisions on Handling Military-related Criminal Cases (Bao Zheng [2009]1No.) Provincial Higher People's Courts, People's Procuratorates, Public Security Departments (bureaus), National Security Departments (bureaus), Judicial Departments (bureaus), autonomous regions and municipalities directly under the Central Government. People's Procuratorate, Public Security Bureau and Judicial Bureau of Xinjiang Production and Construction Corps, military regions, arms and services, headquarters, Academy of Military Sciences, National Defense University, National University of Defense Technology, and Political Department of Armed Police Force:

In order to further standardize the handling of military criminal cases, crack down on crimes in a timely and effective manner according to law, protect the national military interests, and maintain the stability of the army and society, the Provisions on Handling Military Criminal Cases are hereby printed and distributed to you, please follow them. These Provisions shall come into force as of August 6, 2009. If the previous relevant provisions are inconsistent with these Provisions, these Provisions shall prevail.

Article 1 These Provisions are formulated in accordance with the Criminal Law, the Criminal Procedure Law and other relevant provisions in order to standardize the handling of military criminal cases (hereinafter referred to as military criminal cases), crack down on crimes in a timely and effective manner according to law, protect the national military interests, and maintain the stability of the army and society.

Article 2 These Provisions shall apply to the following situations:

(a) soldiers and local personnel * * * with the crime;

(2) Soldiers commit crimes outside the camp;

(3) Soldiers commit crimes against non-military interests in the camp;

(4) local people commit crimes in the camp;

(5) Local personnel commit crimes against military interests outside the camp;

(six) other cases that require the cooperation of the military and local governments.

Article 3 The principles of division of responsibilities, mutual cooperation, timely standardization and handling according to law shall be adhered to in handling military and civilian cases.

Article 4 The investigation, prosecution and trial of military personnel shall be under the jurisdiction of military security departments, military procuratorates and military courts. Military civilian personnel, civil servants who are not in active service, staff and workers in the army, retirees under the management of the army, reservists and other personnel performing military tasks shall be under the jurisdiction of military personnel.

The investigation, prosecution and trial of local personnel shall be under the jurisdiction of local public security organs, state security organs, people's procuratorates and people's courts. The personnel of the public security frontier defense, fire fighting and security forces listed in the sequence of the Chinese People's Armed Police Force shall be under the jurisdiction of local personnel.

Article 5 A case that occurs in a camp shall be put on file for investigation by the military security department or the military procuratorate; If the criminal suspect's identity is unknown and infringes on non-military interests, the military security department or the military procuratorate and the local public security organ or the state security organ or the people's procuratorate shall jointly organize investigation according to the division of jurisdiction. If the criminal suspect is found to be under the jurisdiction of the second paragraph of Article 4 of these Provisions, it shall be handed over to the local public security organ or the state security organ or the people's procuratorate for handling. Cases occurring outside the camp shall be put on file for investigation by local public security organs, state security organs or people's procuratorates; If a criminal suspect is found to be under the jurisdiction of the first paragraph of Article 4 of these Provisions, it shall be handed over to the military security department or the military procuratorate for handling.

Article 6 Cases that occur in barracks, camps, airports, docks and other areas used by the military and local governments and in military administrative zones shall be handled in accordance with the provisions of the first paragraph of Article 5 of these Provisions; In the local administrative area, it shall be handled in accordance with the provisions of the second paragraph of Article 5 of these Provisions. If the administrative division is not clear, it shall be handled through consultation between the army and the local competent department.

Cases that occur in the offices set up by the army in local state organs and units, places that provide services to the outside world, residential quarters that implement property management, and places and residences where the army performs alert service tasks in local areas shall be handled in accordance with the provisions of the second paragraph of Article 5 of these Provisions.

Article 7 Where a serviceman is suspected of committing a crime before enlisting in the army and needs to be investigated for criminal responsibility according to law, the local public security organ, the state security organ and the people's procuratorate shall provide evidence, submit it to the security department and the military procuratorate of a unit above the army level for examination, and then hand it over to the local public security organ, the state security organ and the people's procuratorate for handling. Soldiers who have retired from active service and found that they committed crimes during their service shall be dealt with by local public security organs, state security organs and people's procuratorates; However, soldiers suspected of violating their duties shall be dealt with by the military security department and the military procuratorate.

Article 8 If the jurisdiction of a military-civilian case is unclear, the security departments, military procuratorates and military courts of units above the corps level shall negotiate with the local provincial public security organs, state security organs, people's procuratorates and people's courts to determine the jurisdiction; Jurisdiction over controversial or special cases shall be determined by the security department of the General Political Department in consultation with the Ministry of Public Security and the Ministry of National Security, or by the PLA Military Procuratorate and the PLA Military Court, which shall report to the Supreme People's Procuratorate and the Supreme People's Court for designation.

Article 9 Military security departments, military procuratorates, military courts, local public security organs, state security organs, people's procuratorates and people's courts shall accept reports, charges and reports on military and political cases or the surrender of criminal suspects. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then hand them over to the competent authorities for handling.

Article 10 When a soldier who commits a crime or is suspected of a major crime outside the camp is arrested, the local public security organ, the state security organ and the people's procuratorate may take emergency measures against him, notify the relevant military departments within 24 hours, and promptly hand it over to the military security department and the military procuratorate for handling; If a local person is caught in the act of committing a crime in a camp or is suspected of committing a major crime, the military security department and the military procuratorate may take emergency measures against him and hand him over to the local public security organ, the state security organ and the people's procuratorate for handling within 24 hours.

Article 11 Where local personnel are suspected of illegally producing, buying and selling military uniforms, forging, stealing, buying and selling or illegally providing and using special signs such as military vehicle number plates, forging, altering, buying and selling or stealing and robbing military official documents, certificates and seals, illegally holding documents, materials or other articles that belong to the top secret and confidential of the military, and impersonating military units and personnel to commit crimes, the military security department may take emergency measures against them and hand them over within 24 hours after verifying their identities.

Article 12 If the military security department and the military procuratorate need to take out-of-camp investigation measures, they shall notify the local public security organs, state security organs and people's procuratorates, and the local public security organs, state security organs and people's procuratorates shall assist in the implementation.

If local public security organs, state security organs and people's procuratorates need to take investigation measures in the camp, they shall notify the military security department and the military procuratorate, which shall assist in the implementation.

Thirteenth military security departments, military procuratorates, military courts and local public security organs, state security organs, people's procuratorates and people's courts shall hand over relevant evidential materials, stolen money, etc. Take the box. Evidence materials and legal documents obtained by military security departments, military procuratorates, military courts and local public security organs, state security organs, people's procuratorates and people's courts according to law have the same legal effect.

Article 14 When handling cases, military security departments, military procuratorates, military courts, local public security organs, state security organs, people's procuratorates and people's courts may, with the consent of the security departments, military procuratorates and military courts of units above the corps level, local public security organs, state security organs, people's procuratorates and people's courts at or above the provincial level, detain criminal suspects and defendants on their behalf in accordance with relevant legal procedures.

Fifteenth military security departments, military procuratorates, military courts and local public security organs, state security organs, people's procuratorates, and people's courts respectively investigate, prosecute, and judge joint crimes committed by military personnel and local personnel, and they should coordinate in time and deal with them according to law.

Article 16. Soldiers who have been sentenced to criminal punishment and expelled from the army shall be handed over to local authorities for execution of the punishment, except those who are executed in the army in accordance with relevant regulations.

Local personnel sentenced to punishment by military courts shall be transferred to local authorities for execution, except those involving important military secrets.

Where the military and the local authorities need to execute punishments with each other and adjust the places where criminals are held, it shall be handled by the security department of the General Political Department, the prison administration department of the Ministry of Justice or the prison administration department of the Ministry of Public Security and the Ministry of National Security after consultation.

Article 17 In wartime cases involving military and civilian activities that infringe upon military interests or endanger the safety of military operations, the military security department and the military procuratorate may first conduct necessary investigations on local people suspected of committing crimes and take corresponding compulsory measures. After finding out the main criminal facts, hand them over to the local public security organs, state security organs and people's procuratorates for handling.

Eighteenth military security departments, military procuratorates, military courts and local public security organs, state security organs, people's procuratorates and people's courts shall establish and improve the cooperative case handling mechanism, and strengthen information notification, technical support and cooperation.

Article 19 Servicemen mentioned in these Provisions refer to officers, civilian cadres, soldiers and trainees in active service of the Chinese People's Liberation Army and police officers, civilian cadres, soldiers and trainees in active service of the Chinese People's Armed Police Force. Military status shall be obtained from the date of approval for enlistment and terminated from the date of approval for discharge from active service.

Article 20 The term "camp" as mentioned in these Provisions refers to the areas managed and used by the army, including military restricted zones, military administrative zones and temporary stations set up by the army.

Article 21 These Provisions shall apply to the security departments, military procuratorates and military courts of the Chinese People's Armed Police Force (except the public security frontier defense, fire fighting and security forces) in handling criminal cases involving the armed police force and localities.

Twenty-second these Provisions shall come into force as of August 6, 2009. 1982165438+1On 25 October, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the General Political Department issued the Provisions on Handling Cases Involving the Army and Local Organs, on 25 June,1987 65438+on 20 February.

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