On April 29th, the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the revised Provisions on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs (hereinafter referred to as the Revised Standards for Criminal Cases (II)), punishing economic crimes according to law, earnestly safeguarding financial security, and taking more practical measures to ensure high-quality economic and social development.
With the development of economy and society, China's economic crimes present new situations and characteristics, especially the revision and improvement of criminal law, company law, securities law and other related laws, as well as the influence of the reform of the national supervision system and the adjustment of the division of labor under the jurisdiction of the Ministry of Public Security. The Supreme People's Procuratorate and the Ministry of Public Security jointly formulated and promulgated the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for the Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II) and its supplementary provisions (hereinafter referred to as the original Standards for the Prosecution of Criminal Cases (II)). In this regard, the Supreme People's Procuratorate and the Ministry of Public Security initiated relevant revision work. The revised standards for filing and prosecuting (II) further clarified the standards for filing and prosecuting 78 kinds of economic crimes under the jurisdiction of public security organs.
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According to the revision of laws and judicial interpretations, the revised standards for filing and prosecuting (II) revised and improved the standards for filing and prosecuting 2 1 cases. Among them, the standards for filing and prosecuting securities and futures crimes have been comprehensively and systematically revised, and the crackdown on crimes such as securities fraudulent issuance, illegal disclosure and non-disclosure of important information has been further intensified to protect the legitimate rights and interests of investors. According to the revised standard for filing and prosecuting (II), if investors have directly suffered economic losses of more than one million yuan by fraudulently issuing stocks or corporate bonds, depositary receipts or other securities recognized by the State Council according to law, they should file a case for prosecution.
The revised standards for filing and prosecuting cases (II) adjusted the standards for filing and prosecuting 25 cases in combination with the judicial interpretation that was being studied and drafted recently. Among them, non-state functionaries' duty crimes are subject to the same conviction standards as state functionaries' duty crimes, and it is clearly stipulated that "personnel of companies, enterprises or other units who take advantage of their positions and illegally occupy the property of their own units shall file a case for prosecution if the amount is more than 30,000 yuan", which gives equal judicial protection to various market entities such as state-owned enterprises, private enterprises, domestic and foreign capital, small and medium-sized enterprises, and fully embodies and implements the spirit of the times of equal protection of property rights.
The revised standards for filing and prosecuting (II) comprehensively considered the unification of China's economic and social development and the standards for filing and prosecuting similar crimes, and revised the amount standards in seven cases, including bill fraud. According to the provisions of criminal law and the needs of judicial practice, on the basis of the original "Standards for filing and prosecution (II)", the specific circumstances in the standards for filing and prosecution of 8 cases, including smuggling counterfeit money cases, were revised.
In addition, the standard of filing and prosecuting the case of 17 follows the original standard of filing and prosecuting (II) without modification.
The revised standards for filing a case for prosecution (II) moderately raised the standards for the amount of some economic crimes, but by raising the standards for criminal means, circumstances and harmful consequences, it further weaves the legal net of criminal responsibility and continues to maintain the trend of strict prosecution of serious economic crimes.
People's procuratorates, public security departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, military procuratorates of the People's Liberation Army, people's procuratorates and public security bureaus of Xinjiang Production and Construction Corps:
In order to meet the needs of cracking down on economic crime cases in the new era, and serve to ensure the high-quality development of economy and society, according to the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC), the Supreme People's Procuratorate and the Ministry of Public Security have studied and revised the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II), and revised and improved the standards for filing and prosecution of economic crime cases under the jurisdiction of some public security organs, which are hereby printed and distributed to you, please follow them. Public security organs at all levels shall file a case for investigation in accordance with these Provisions, and procuratorial organs at all levels shall examine and approve prosecution in accordance with these Provisions. In the work, we should punish all kinds of economic crimes according to law, strictly standardize fair and civilized law enforcement and justice, and at the same time conscientiously implement the criminal justice policy of less arrest and cautious prosecution, plead guilty and admit punishment leniently, and constantly improve the standardization level and credibility of law enforcement.
After the publication of the Notice, if the relevant judicial interpretation further clarifies the standard of filing a case for prosecution, it shall be implemented in accordance with the relevant judicial interpretation. Please report to the Supreme People's Procuratorate and the Ministry of Public Security in time the problems encountered in the implementation.
The Supreme People's Procuratorate? Ministry of Public Security
April 6(th), 2022
The Supreme People's Procuratorate? Ministry of Public Security