Regulations on Reporting Work of the People's Procuratorate

(Adopted at the 58th meeting of the Procuratorial Committee of the Supreme People's Procuratorate on July 18, 1996, and adopted by the 11th Session of the Supreme People's Procuratorate on April 8, 2009 Revised at the 11th meeting of the Procuratorial Committee of the Supreme People's Procuratorate, revised for the 2nd time at the 25th meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on July 21, 2014) Article 1 In order to further standardize the reporting work of the People's Procuratorate and ensure the smooth development of the reporting work, according to These regulations are formulated in accordance with the provisions of the "Criminal Procedure Law of the People's Republic of China" and other relevant laws.

Article 2 The People’s Procuratorate accepts cases in accordance with the law involving crimes of corruption and bribery, crimes of dereliction of duty by state functionaries, and infringement of citizens’ personal rights through illegal detention, torture to extract confessions, retaliation and frame-up, and illegal searches by state functionaries. crimes and crimes that violate citizens’ democratic rights.

Article 3 The main tasks of the People’s Procuratorate’s reporting work are to accept and review reporting clues, respond to, protect and reward whistleblowers, promote the investigation and handling of job-related crimes, and ensure the smooth progress of anti-corruption work.

Article 4 People’s Procuratorates at all levels shall establish reporting centers to be responsible for reporting work.

The reporting center is co-located with the prosecution and prosecution department. The main person in charge of the prosecution and prosecution department also serves as the director of the reporting center. The People's Procuratorate at or above the prefecture level is equipped with a full-time deputy director.

Where conditions permit, a separate reporting center can be set up.

Article 5: Reporting work should follow the following principles:

(1) Rely on the masses to facilitate reporting;

(2) In accordance with the law, timely and efficient;< /p>

(3) Unified management, centralized handling, and hierarchical responsibilities;

(4) Strict confidentiality and protection of citizens’ legitimate rights and interests;

(5) Strengthening internal cooperation and restrictions and accept social supervision.

Article 6 The People’s Procuratorate shall adopt various forms and make full use of modern information technology to carry out reporting publicity.

Article 7: Any citizen, legal person or other organization that reports job-related crimes to the People's Procuratorate in accordance with the law shall have its legitimate rights and interests protected by law. The People's Procuratorate encourages real-name reporting in accordance with the law.

Reporting using your real name or unit name, having specific contact information and acknowledging the reporting behavior is a real-name report.

Article 8: The People’s Procuratorate shall inform the whistleblower of the following rights:

(1) Apply for recusal. If the whistleblower discovers that a staff member of the reporting center is legally disqualified, he or she has the right to apply for his disqualification.

(2) Query results. If the whistleblower does not receive a reply within a certain period of time after reporting the report, he has the right to ask the People's Procuratorate that accepted the report and request a reply.

(3) Appeal reconsideration. After the whistleblower decides not to file a case against the People's Procuratorate for reporting the facts, he or she has the right to appeal to the People's Procuratorate at the next higher level regarding the decision not to file a case. If the whistleblower is a victim, he may apply for reconsideration to the People's Procuratorate that made the decision not to file the case.

(4) Request for protection. After making a report, the whistleblower has the right to request the People's Procuratorate for protection if his or her personal or property safety is threatened.

(5) Receive rewards. After the whistleblower reports, those who meet the reward conditions have the right to request spiritual and material rewards in accordance with regulations.

(6) Other rights stipulated in laws and regulations.

Article 9: The People’s Procuratorate shall inform the whistleblower to report truthfully and in accordance with the law, and shall not deliberately fabricate facts, forge evidence, or make false accusations or frame others.

Article 10 The People’s Procuratorate shall strengthen informatization construction, establish and improve the reporting information system, gradually realize the interconnection of reporting information between superior and lower-level People’s Procuratorates and between departments, and improve the efficiency and management level of reporting work. .

Article 11 The People’s Procuratorate shall strengthen contact and cooperation with disciplinary inspection and supervision agencies, judicial agencies, and administrative law enforcement agencies, and establish and improve a reporting material transfer system. Article 12 The Reporting Center of the People's Procuratorate uniformly accepts reports and criminal suspects surrender.

Article 13 People’s Procuratorates at all levels shall set up special reporting reception places, and publish to the public the correspondence address, postal code, reporting telephone number, reporting website, reception time and place, procedures for handling reporting clues, and Inquire about the handling and results of reporting clues and other related matters.

Article 14 For first-time reports in the form of visits and for job-related crime suspects who surrender, the reporting center shall assign two or more staff members to specifically receive the report, inquire about the situation, and make a record, which shall be verified to be correct. Afterwards, the whistleblower or surrenderer shall sign and fingerprint, and if necessary, with the consent of the whistleblower or surrenderer, audio or video recording may be made; the relevant evidence materials and items provided by the whistleblower or surrenderer shall be registered and evidence of acceptance shall be produced ( A list of items) shall be signed by the informant and surrender person, and shall be photographed when necessary, and shall be properly kept.

If the whistleblower requests an appointment for reception, with the approval of the person in charge of the reporting center, the People's Procuratorate can assign two or more staff members to interview the whistleblower at a place deemed appropriate by the whistleblower at the agreed time.

If a group visit is used to report a crime involving the same job, the reporter should be required to elect a representative, and the number of representatives should generally not exceed five.

Article 15: For reports in the form of letters, staff should open and read them in a special place. When opening the envelope, the stamps, postmark, postal code, address and materials inside the envelope should be kept intact.

Reports made by fax shall be handled in accordance with the provisions of the preceding paragraph.

Article 16 For reports made through the 12309 reporting website or the People’s Procuratorate portal, staff should download the reporting content in a timely manner and import it into the reporting clue processing system. The content of the report should be kept in its original state without any text processing.

Article 17 For reports made by telephone, staff should accurately and completely record the name, address, telephone number and content of the report. If the whistleblower is unwilling to provide personal information such as name, the whistleblower's wishes shall be respected.

Article 18: If the content of the reporting materials provided by the whistleblower with contact information is unclear, the reporting center of the People’s Procuratorate with jurisdiction shall contact the whistleblower within seven days after receiving the reporting materials. It is recommended that The informant adds relevant materials.

Article 19: If it is reported that the person being reported has one of the following circumstances and emergency measures must be taken, the staff of the reporting center shall immediately put forward handling opinions after receiving the report and report it to the Chief Prosecutor for approval:

(1) Preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime;

(2) Attempting to commit suicide or escape;

(3) There is destruction , Forging evidence or colluding with confessions is possible;

(4) Other emergency measures need to be taken.

Article 20: Hierarchical jurisdiction shall be implemented for reporting clues on occupational crimes. The People's Procuratorate at the higher level may directly accept the reporting clues under the jurisdiction of the People's Procuratorate at the lower level, and with the approval of the Chief Prosecutor, it may also hand over the reporting clues under the jurisdiction of the People's Procuratorate at the lower level to the People's Procuratorate at the lower level for handling.

When a lower-level People’s Procuratorate receives a report clue under the jurisdiction of a higher-level People’s Procuratorate, it shall report it to the higher-level People’s Procuratorate for processing. Upon receipt of reporting clues under the jurisdiction of the People's Procuratorate at the same level, it shall be promptly transferred to the People's Procuratorate with jurisdiction for processing.

Article 21: Reporting clues are generally under the jurisdiction of the People’s Procuratorate where the person being reported works. If it is considered more appropriate to have the jurisdiction of the People's Procuratorate of the place where the crime is reported, it may be under the jurisdiction of the People's Procuratorate of the place where the crime is reported.

If several People's Procuratorates at the same level have jurisdiction, the People's Procuratorate that initially accepted the case shall have jurisdiction. When necessary, the case may be transferred to the jurisdiction of the People's Procuratorate in the place where the main crime was committed. If there is a dispute over jurisdiction, the People's Procuratorate at the higher level with which it agrees shall designate jurisdiction.

Article 22 In addition to the daily reception by the full-time staff of the reporting center, the people's procuratorates at all levels implement a system of regular reception of reports by the chief prosecutors and the heads of relevant investigation departments. The reception time and location should be announced to the public.

Article 23 Anyone who obstructs procuratorial agency staff from performing official duties in accordance with the law and disrupts the normal working order of the procuratorial agency in the name of reporting shall be criticized and educated. If the circumstances are serious, they shall be dealt with in accordance with relevant legal provisions. Article 24 The Reporting Center of the People's Procuratorate is responsible for the unified management of reporting clues. Clues about job-related crime cases received by the chief prosecutor, other departments or personnel of this court shall be transferred to the reporting center within seven days from the date of receipt.

Case clues discovered by the investigation department on their own and case clues transferred by relevant agencies or departments to the People's Procuratorate for review on whether to file a case shall be reviewed by the investigation department.

Article 25 The People’s Procuratorate shall implement a hierarchical filing management system for clues to major cases that are directly accepted. Clues of important cases for cadres at the county and division levels shall be reported to the Reporting Center of the Provincial People's Procuratorate for record. If the amount of suspected crimes is particularly huge or the consequences of the crime are particularly serious, the clues of major cases for cadres at the department, bureau level or above shall be reported to the Reporting Center of the Supreme People's Procuratorate for record. Report to the Reporting Center of the Supreme People's Procuratorate for record.

Article 26 For the filing of clues to important cases, the filing form for clues to important cases shall be filled in on a case-by-case basis. The filing should be carried out within seven days after acceptance; if the situation is urgent, it should be reported in time before filing.

The reporting center of the People’s Procuratorate at the higher level that receives the filing shall review the filing materials in a timely manner. If there are different opinions, it shall notify the People’s Procuratorate at the lower level that filed the review opinion within ten days.

Article 27 The reporting center shall establish a database of reporting clues, and designate a dedicated person to enter the basic information of the reporting person and the person being reported, the main content of the reporting clues, and the handling status into a special computer one by one.

For multiple reporting clues, if there is new reporting content, the case card should be supplemented and completed and transferred to the relevant department in a timely manner; if there is no new reporting content, the reporting time should be recorded in the case card, Indicate the number of reports and report repeated reports to relevant departments every month.

Article 28 The reporting center shall clean up reporting clues every six months, analyze the investigation and feedback of clues, find existing problems, improve work in a timely manner, and improve the management system.

Article 29 The reporting center shall regularly conduct classified statistics on reporting clues, comprehensively analyze prominent issues that the masses have strongly expressed as well as the characteristics and patterns of mass reporting, put forward work opinions and suggestions, and report to the People's Procuratorate at the higher level. Report of the Attorney General of the Center and this Court.

Article 30 The reporting center shall designate a dedicated person to review the received reporting clues. Based on the specific circumstances of the reporting clues and jurisdictional regulations, the reporting center shall make the following decisions within seven days from the date of receipt of the reporting clues:

(1) If the case falls under the jurisdiction of this court, it shall be accepted in accordance with the law and transferred to the relevant departments of this court for handling; if the case falls under the jurisdiction of the People's Procuratorate but not under the jurisdiction of this court, it shall be transferred to the People's Procuratorate with jurisdiction.

(2) If the case does not fall under the jurisdiction of the People's Procuratorate, it shall be transferred to the agency with jurisdiction for handling, and the whistleblower or surrender person shall be notified; if the case does not fall under the jurisdiction of the People's Procuratorate and emergency measures must be taken, emergency measures shall be taken first , and then transfer it to the competent authority.

(3) If the nature of the case is unclear and difficult to account for, necessary investigation and verification shall be conducted, and the matter shall be transferred to the agency or department with jurisdiction within three days after the situation is ascertained.

Article 31: When the investigation department receives the reporting clues transferred by the reporting center, it shall report the handling status back to the reporting center within three months; after the lower People’s Procuratorate receives the reporting materials transferred by the superior People’s Procuratorate, The handling situation should be reported to the reporting center of the superior People's Procuratorate within three months.

Article 32 The investigation department shall respond in writing to the investigation results within the specified time. The reply document should include the following contents:

(1) The main issues reported by the whistleblower;

(2) The investigation process;

(3) Conclusions factual and legal basis.

After receiving the reply document, the reporting center shall review it in a timely manner. If it deems the handling to be inappropriate, it shall submit handling opinions to the Chief Prosecutor for approval.

Article 33 The reporting center shall strengthen management, supervision and tracking of reporting clues transferred to the investigation department.

Article 34 The reporting center of the People’s Procuratorate at a higher level may hand over reporting clues to the People’s Procuratorate at a lower level on behalf of this court.

Article 35: The reporting center may supervise the reporting clues transferred to the relevant departments of the court and handed over to the lower-level People’s Procuratorate through on-site supervision, online supervision, telephone supervision, situation reporting, etc.

Article 36 The reporting center of the lower-level People’s Procuratorate is responsible for managing the reporting clues assigned by the reporting center of the higher-level People’s Procuratorate. After receiving the reporting clues assigned by the superior People's Procuratorate, they should put forward handling opinions within three days and submit them to the Chief Prosecutor for approval.

Article 37: For reporting clues assigned by the superior People’s Procuratorate, the handling People’s Procuratorate shall handle them within three months. If the situation is complicated and it is really necessary to extend the processing period, it can be extended for three months with the approval of the chief prosecutor. If the processing is postponed, the reporting center shall report the progress to the reporting center of the superior People's Procuratorate and explain the reasons for the extension. If the law provides otherwise, such provisions shall prevail.

Article 38 The case-handling department shall handle the reporting clues assigned by the superior People’s Procuratorate within the prescribed time limit, and respond in writing to the reporting center with the results of the handling. The response and handling results shall include the reported matter, handling process, identified facts and evidence, handling situation and legal basis, and risk assessment of law enforcement and case handling, etc. The reporting center shall prepare a report on the investigation and handling of the assigned cases and submit it to the reporting center of the People's Procuratorate at the next higher level for review in the name of this court.