Provisions of the People’s Procuratorate on Reporting Work
Provisions of the People’s Procuratorate on Reporting Work
(Adopted at the 58th meeting of the Supreme People’s Procuratorate Procuratorial Committee on July 18th, 1996, revised at the 11th meeting of the 11th Procuratorial Committee in the Supreme People’s Procuratorate on April 8th, 2009, and revised for the second time at the 25th meeting of the 12th Procuratorial Committee in the Supreme People’s Procuratorate on July 21st, 2014).
Notice on Issuing the Provisions of the People’s Procuratorate on Reporting Work
People’s procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government, military procuratorates and people’s procuratorates of Xinjiang Production and Construction Corps:
The revised Provisions on Reporting by People’s Procuratorates have been adopted at the 25th meeting of the 12th Procuratorial Committee of the Supreme People’s Procuratorate on July 21, 2014, and are hereby printed and distributed to you, please implement them carefully.
the Supreme People’s Procuratorate
September 30, 2014
Catalogue
Chapter I General Principles
Chapter II Acceptance of Reporting Clues
Chapter III Management of Reporting Clues
Chapter IV Examination and Handling of Reporting Clues
The fifth chapter does not file a report clue review
Chapter VI Reporting Reply
Chapter VII Protection of Informants
Chapter VIII Reward for Reporting
Chapter IX Clarification of False Reporting
Chapter X Accountability
Chapter XI Supplementary Provisions
Chapter I General Principles
Article 1 In order to further standardize the reporting work of people’s procuratorates and ensure the smooth development of reporting work, these Provisions are formulated in accordance with the provisions of the Criminal Procedure Law of People’s Republic of China (PRC) and other relevant laws.
Article 2 The People’s Procuratorate shall accept reports of crimes of corruption and bribery, crimes of dereliction of duty by state functionaries, crimes of infringing citizens’ personal rights and crimes of infringing citizens’ democratic rights committed by state functionaries by taking advantage of their functions and powers.
Article 3 The main tasks of the people’s procuratorates’ reporting work are to accept and examine reporting clues, reply, protect and reward informants, promote the investigation and handling of duty crimes, and ensure the smooth progress of anti-corruption work.
Article 4 People’s procuratorates at all levels shall set up reporting centers to be responsible for reporting.
The reporting center and the prosecution department are co-located, and the main person in charge of the prosecution department concurrently serves as the director of the reporting center, and 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 shall follow the following principles:
(a) relying on the masses to facilitate reporting; (two) in accordance with the law, timely and efficient;
(3) Unified management, centralized handling and graded responsibility;
(four) strictly confidential, protect the legitimate rights and interests of citizens; (5) Strengthen internal cooperation and restriction and accept social supervision.
Article 6 People’s procuratorates shall take various forms, make full use of modern information technology, and carry out reporting and publicity.
Article 7 Any citizen, legal person or other organization who reports duty crimes to the People’s Procuratorate according to law shall have their legitimate rights and interests protected by law. The people’s procuratorate encourages real-name reporting according to law.
If you use your real name or unit name to report, and you have specific contact information and recognize the reporting behavior, it is a real name report.
Article 8 The People’s Procuratorate shall inform the informant that he enjoys the following rights:
(1) Apply for withdrawal. Informants have the right to apply for withdrawal if they find that the staff of the reporting center have legal withdrawal.
(2) Query results. Informants who have not received a reply within a certain period of time after reporting have the right to ask the people’s procuratorate that accepted the report and ask for a reply.
(3) Appeal for reconsideration. Informants have the right to appeal to the people’s procuratorate at the next higher level after the people’s procuratorate has made a decision not to file a case against the facts reported by them. If the informant is a victim, he may apply for reconsideration to the people’s procuratorate that made the decision not to file a case.
(4) requesting protection. After reporting, if the personal and property safety is threatened, the informant has the right to request the people’s procuratorate to protect it.
(5) get a reward. Informants who meet the reward conditions after reporting have the right to request spiritual and material rewards according to the regulations.
(six) other rights stipulated by laws and regulations. Article 9 The People’s Procuratorate shall inform the whistleblower to report truthfully, and shall not intentionally fabricate facts, forge evidence or falsely accuse or frame others in accordance with the law.
Article 10 People’s procuratorates shall strengthen the informatization construction, establish and improve the reporting information system, gradually realize the interconnection of reporting information between people’s procuratorates at lower levels and departments, and improve the reporting efficiency and management level.
Article 11 The People’s Procuratorate shall strengthen its contact and cooperation with discipline inspection and supervision organs, judicial organs and administrative law enforcement organs, and establish and improve the system of transferring report materials.
Chapter II Acceptance of Reporting Clues
Article 12 The Reporting Center of the People’s Procuratorate shall accept reports and surrender of criminal suspects in a unified manner.
Article 13 People’s procuratorates at all levels shall set up special reception places for reporting, and announce to the public the mailing address, postal code, reporting telephone number, reporting website, reception time and place, reporting clue handling procedures, and ways to inquire about reporting clue handling and results.
Article 14 For those who report for the first time in the form of visiting and the suspects who surrender themselves, the reporting center shall assign two or more staff members to receive the report, inquire about the situation and make a record. After verification, the informants and the surrenders will sign and fingerprint, and when necessary, with the consent of the informants and the surrenders, they can make audio and video recordings; The relevant evidential materials and articles provided by informants and surrenders shall be registered, and a list of accepted evidences (articles) shall be made, signed by informants and surrenders, photographed when necessary, and properly kept.
If an informant requests an appointment for reception, with the approval of the person in charge of the reporting center, the people’s procuratorate may assign two or more staff members to meet the reporter at the place that he thinks appropriate at the appointed time.
In the form of collective visits to report the same duty crime, the informants shall be required to elect representatives, and the number of representatives shall generally not exceed five.
Fifteenth in the form of letters to report, the staff should be opened in a special place. When unsealing, the stamp, postmark, postcode, address and materials in the envelope shall be kept intact.
To report by fax, it shall be handled with reference to the provisions of the preceding paragraph.
Sixteenth to report through the 12309 reporting website or the people’s procuratorate portal website, the staff should download the report content in time and import it into the report clue processing system. The contents of the report shall be kept in the original state, and no word processing shall be made.
Seventeenth to report by telephone, the staff should accurately and completely record the name, address, telephone number and content of the report. If the informant is unwilling to provide personal information such as his name, he shall respect the wishes of the informant.
Article 18 If the contents of the reporting materials provided by informants with contact information are unclear, the reporting center of the people’s procuratorate with jurisdiction shall contact the informants within seven days after receiving the reporting materials and suggest them to supplement the relevant materials.
Nineteenth reflect the informants have one of the following circumstances, must take emergency measures, the staff of the reporting center shall immediately put forward opinions and report to the attorney general for approval after receiving the report:
(1) Being preparing for committing a crime, committing a crime or being discovered immediately after committing a crime;
(2) attempting to commit suicide or escape;
(3) It is possible to destroy, forge evidence or collude with others;
(four) other emergency measures need to be taken. Twentieth duty crime clues to implement hierarchical jurisdiction. The people’s procuratorate at a higher level may directly accept the clues under the jurisdiction of the people’s procuratorate at a lower level, and with the approval of the procurator-general, it may also hand over the clues under its jurisdiction to the people’s procuratorate at a lower level for handling.
When the people’s procuratorate at a lower level receives a tip-off clue under the jurisdiction of the people’s procuratorate at a higher level, it shall report it to the people’s procuratorate at a higher level for handling. Upon receipt of a tip-off clue 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 handling.
Twenty-first tips are generally under the jurisdiction of the people’s procuratorate where the informant works. If it is considered more appropriate to be under the jurisdiction of the people’s procuratorate of the reported crime, it may be under the jurisdiction of the people’s procuratorate of the reported crime.
Where several people’s procuratorates at the same level have jurisdiction, it shall be under the jurisdiction of the people’s procuratorate that initially accepted it. When necessary, it may be transferred to the people’s procuratorate of the main crime place for jurisdiction. Disputes over jurisdiction shall be designated by the people’s procuratorate at the next higher level.
Twenty-second in addition to the daily reception of the full-time staff of the report center, the people’s procuratorates at all levels shall implement the system of regular reception of reports by the chief procurator and the heads of relevant investigation departments. The reception time and place shall be announced to the public.
Article 23 Anyone who, in the name of reporting, obstructs the staff of procuratorial organs from performing their official duties according to law and disturbs the normal working order of procuratorial organs shall be criticized and educated. If the circumstances are serious, it shall be handled in accordance with relevant laws and regulations.
Chapter III Management of Reporting Clues
Twenty-fourth people’s Procuratorate reporting center is responsible for the unified management of reporting clues. The clues of duty crime cases received by the chief procurator of our hospital, other departments or personnel shall be transferred to the reporting center within seven days from the date of receipt.
The case clues discovered by the investigation department itself and those transferred by the relevant organs or departments to the people’s procuratorate for examination whether to file a case shall be examined by the investigation department.
Twenty-fifth people’s procuratorates shall implement a management system of grading and filing for clues of important cases directly accepted. The clues of important cases of cadres at the county and departmental levels shall be reported to the reporting center of the provincial people’s procuratorate for the record. If the amount of suspected crimes is particularly huge or the consequences of crimes are particularly serious, they shall be reported to the reporting center of the Supreme People’s Procuratorate for the record; Clues of important cases of cadres at or above the bureau level shall be reported to the the Supreme People’s Procuratorate Reporting Center for the record.
Twenty-sixth important clues for the record, should fill in the important clues for the record form case by case. The filing shall be handled within seven days after acceptance; In case of emergency, it shall be reported in time before filing.
The reporting center of the people’s procuratorate at a higher level that has received the filing shall review the filing materials in time, and if there are different opinions, it shall notify the people’s procuratorate at a lower level that submitted the filing opinions within ten days.
Article 27 A reporting center shall establish a database of reporting clues, and designate a special person to input the basic information of informants and informants, the main contents of reporting clues and the handling situation into a special computer item by item.
The clues reported many times, if there are new reports, should be supplemented and improved in the card and transferred to the relevant departments in time; If there is no new report content, the report time shall be recorded in the card, the number of reports shall be indicated, and the repeated reports shall be notified to the relevant departments every month.
Twenty-eighth reporting center shall clean up the clues once every six months, analyze the investigation and feedback of clues, find out the existing problems, improve the work in time and improve the management system.
Article 29 The reporting center shall regularly classify and count the reporting clues, comprehensively analyze the outstanding problems strongly reflected by the masses and the characteristics and laws of reporting by the masses, put forward working opinions and suggestions, and report to the reporting center of the people’s procuratorate at a higher level and the chief procurator of our hospital.
Chapter IV Examination and Handling of Reporting Clues
Thirtieth reporting center shall identify a special person to review the received clues, and make the following treatment within seven days from the date of receiving the clues according to the specific circumstances and jurisdiction provisions of the clues:
(a) under the jurisdiction of our hospital, it shall be accepted according to law and transferred to the relevant departments of our hospital respectively; Those under the jurisdiction of the people’s procuratorate but not the jurisdiction of this court shall be transferred to the people’s procuratorate with jurisdiction for handling.
(2) If it is not under the jurisdiction of the people’s procuratorate, it shall be transferred to the competent authority for handling, and the informant and the person who surrendered himself shall be notified; If emergency measures must be taken without the jurisdiction of the people’s procuratorate, emergency measures should be taken first and then transferred to the competent authority.
(3) If the nature is unknown and it is difficult to be centralized, necessary investigation and verification shall be carried out, and the case shall be transferred to the competent authority or department for handling within three days after finding out the situation.
Thirty-first investigation department shall reply to the report center within three months after receiving the report clues transferred by the report center; After receiving the report materials transferred by the people’s procuratorate at a higher level, the people’s procuratorate at a lower level shall reply to the report center of the people’s procuratorate at a higher level within three months.
Article 32 The investigation department shall reply to the investigation results in writing within the specified time. The reply document shall include the following contents:
(a) the main problems reflected by the informants; (2) The process of investigation;
(3) The factual and legal basis for the conclusion.
After receiving the reply document, the reporting center shall review it in time, and if it thinks that it is not handled properly, it shall put forward the handling opinions and report them to the chief procurator for approval.
Article 33 The reporting center shall strengthen the management, supervision and tracking of the reporting clues transferred to the investigation department.
Article 34 The reporting center of the people’s procuratorate at a higher level may, on behalf of our hospital, assign reporting clues to the people’s procuratorate at a lower level.
Article 35 The reporting center can supervise the reporting clues transferred to the relevant departments of our hospital and assigned to the people’s procuratorates at lower levels by means of on-the-spot supervision, network supervision, telephone supervision and briefing.
Article 36 The reporting center of the people’s procuratorate at a lower level is responsible for managing the reporting clues assigned by the reporting center of the people’s procuratorate at a higher level. After receiving the report clues assigned by the people’s procuratorate at a higher level, it shall put forward the handling opinions within three days and report them to the chief procurator for examination and approval.
Article 37 The people’s procuratorate shall handle the tip-off clues assigned by the people’s procuratorate at a higher level within three months. If the situation is complicated and it is really necessary to extend the processing period, it may be extended for three months with the approval of the attorney general. If it is postponed, the reporting center shall report the progress to the reporting center of the people’s procuratorate at a higher level and explain the reasons for the extension. Where there are other provisions in the law, those provisions shall prevail.
Thirty-eighth case-handling departments shall handle the reporting clues assigned by the people’s procuratorate at a higher level within the prescribed time limit, and reply the results in writing to the reporting center. The results of the reply shall include the reported matters, the handling process, the facts and evidence identified, the handling situation and legal basis, and the risk assessment of law enforcement. The reporting center shall make a report on the investigation and handling of cases assigned by it, and submit it to the reporting center of the people’s procuratorate at the next higher level for review in the name of our hospital.
Thirty-ninth assigned cases investigation report shall include the following contents:
(1) the source of the case;
(two) the basic situation of informants and informants and the main problems reflected;
(3) the investigation process;
(four) the facts and evidence;
(five) the handling situation and legal basis; (six) the reply to the real name report.
Fortieth the reporting center of the people’s procuratorate at a higher level shall carefully review the report on the investigation and handling of cases assigned by the people’s procuratorate at a lower level. If the facts are clear and properly handled, the case shall be closed; If the facts are unclear, the evidence is insufficient, the nature is inaccurate, and the handling is improper, the opinions shall be put forward and returned to the people’s procuratorate at a lower level for re-handling. When necessary, you can send staff or send a letter to supervise.
Forty-first reporting center shall conduct initial verification of the reporting clues whose nature is unknown and difficult to be centralized and approved by the procurator-general.
If the masses repeatedly report clues that have not been investigated, they may ask the investigation department to explain the reasons. If the reasons are not sufficient, they may put forward opinions and report them to the chief procurator for decision.
Forty-second preliminary verification of reporting clues shall be approved by the chief of the reporting center and reported to the chief procurator for approval.
Forty-third initial nuclear should generally be completed within two months. If the case is complicated or there are other special circumstances that need to extend the initial nuclear period, it shall be approved by the chief procurator, but the longest period shall not exceed three months.
Article 44 After the end of the initial nuclear test, the contractor shall make a Report on the End of the Initial Nuclear Test, and put forward opinions on handling different situations according to the facts and evidence verified in the initial verification. After being audited by the person in charge of the reporting center, the report shall be submitted to the chief procurator for decision:
(1) If the reported criminal facts are considered to be under the jurisdiction of the procuratorial organ, they shall be transferred to the people’s procuratorate with jurisdiction for handling; Belong to the jurisdiction of our hospital, transferred to the investigation department of our hospital for handling;
(two) that the facts reported are not under the jurisdiction of the procuratorial organs, and shall be transferred to the competent organs for handling;
(3) If it is considered that the criminal facts involved in the report do not exist, or have one of the circumstances stipulated in Article 15 of the Criminal Procedure Law, and it is not necessary to pursue criminal responsibility, the initial verification shall be terminated and the informant shall be answered. If disciplinary responsibility needs to be investigated, it shall be transferred to the discipline inspection and supervision organ or the relevant unit for handling.
Article 45 Within 10 days after the conclusion of initial nuclear examination is made, the undertaker shall fill in the Record Form of Initial Nuclear Examination of Reporting Clues, and report it to the Reporting Center of the People’s Procuratorate at the next higher level for the record after being approved by the person in charge of the reporting center.
If the reporting center of the people’s procuratorate at the next higher level thinks that the handling is improper, it shall notify the people’s procuratorate at the lower level to correct it within ten days after receiving the filing materials.
The fifth chapter does not file a report clue review
Article 46 If an informant refuses to accept the decision of the investigation department not to file a case and reports it to the people’s procuratorate under any of the following circumstances, the reporting center shall review the clues of not filing a case, except those handled by the investigation department and the investigation and supervision department according to regulations:
(a) the report center was transferred to the investigation department, and the investigation department decided not to file a case after the initial investigation;
(two) the leadership of the leading organ or the leadership of the hospital instructed by the reporting center for review.
Forty-seventh review clues not filed, in principle, by the people’s Procuratorate reporting center.
If the reporting center of the people’s procuratorate at the same level thinks that it is more appropriate to be reviewed by the reporting center of the people’s procuratorate at the next higher level, it shall be submitted to the reporting center of the people’s procuratorate at the next higher level for review.
If the reporting center of the people’s procuratorate at the next higher level considers it necessary to review the clues that the investigation department of the people’s procuratorate at the lower level does not file a report, it may decide to review it.
Forty-eighth the scope of the review of the clues of not filing a case should be limited to the original report. The reporting center shall promptly transfer the new clues of duty crimes provided by informants to the investigation department of the people’s procuratorate with jurisdiction for examination and handling.
Forty-ninth during the review period, if the informant refuses to accept the decision not to file a case and applies for reconsideration, the prosecution department shall accept the complaint and conduct the review according to the facts and laws, and may require the informant to provide relevant materials. If it is considered necessary for the investigation department to explain the reasons for not filing a case, it shall promptly transfer the case to the investigation and supervision department for handling.
The informant’s application for reconsideration does not affect the review of the clues of not filing a case. However, if the undertaker thinks it is necessary to suspend the review, the review may be suspended with the approval of the person in charge of the reporting center.
After the suspension of the review, the reason why the informant refuses to accept the reconsideration result is established, and it is necessary to continue the review. If it is necessary, the review of the clues without filing a case shall continue.
Fiftieth after the end of the review of the clues of not filing a case, the review report shall be made and the handling opinions shall be put forward.
Fifty-first reporting center to review the clues of not filing a case, it should be completed within one month from the date of receiving the reply from the investigation department to decide not to file a case; If the situation is complicated and cannot be settled at the expiration of the period, it may be extended for two months with the approval of the person in charge of the reporting center.
Article 52 If the reporting center examines the clues of not filing a case, it shall file the case with the reporting center of the people’s procuratorate at the next higher level within seven days after completion.
If the investigation department makes a new decision to file a case, the reporting center shall report the review report, the decision to file a case and other relevant documents to the reporting center of the people’s procuratorate at the next higher level for the record within ten days after filing the case.
Article 53 If an informant refuses to accept the reconsideration decision of a people’s procuratorate at a lower level, the people’s procuratorate at the next higher level shall accuse the procuratorial department of accepting it, and conduct an examination according to the facts and laws, and may require the informant to provide relevant materials. If it is considered necessary for the investigation department to explain the reasons for not filing a case, it shall promptly transfer the case to the investigation and supervision department for handling.
Chapter VI Reporting Reply
Article 54 A real name report shall be answered one by one. Unless the contact information is unknown, it shall promptly reply to the informant about the handling situation and handling results.
Fifty-fifth to report in the form of a visit, it should be answered on the spot whether it is accepted; If you can’t reply on the spot, you should reply within fifteen days from the date of receiving the informant.
Article 56 The reply may be given orally, in writing or in other appropriate ways. If an oral reply is made, a reply record shall be made, which shall specify the time and place of the reply, the participants and the contents of the reply, and the opinions of the informant on the reply. A written reply shall be made. An envelope with the words People’s Procuratorate shall not be used when mailing a reply letter.
Article 57 The reporting center of the people’s procuratorate and the investigation department are jointly responsible for doing a good job in responding to real-name reports.
Chapter VII Protection of Informants
Article 58 People’s procuratorates at all levels shall protect the safety and legitimate rights and interests of informants and their close relatives according to law.
Article 59 People’s procuratorates at all levels shall take the following security measures:
(a) the clues to the report shall be entered into a special computer by a special person, and the password shall be strictly managed. Without the approval of the attorney general, other staff members shall not view them.
(2) Reporting materials shall be placed in confidential places, which shall be equipped with confidential facilities. Without permission, irrelevant personnel are not allowed to enter confidential places.
(3) When reporting clues to the procurator-general, the relevant materials shall be sealed in confidential bags, and the confidential number shall be filled in, which shall be unsealed by the procurator-general himself.
(four) it is strictly prohibited to disclose the contents of the report and the personal information such as the name, address and telephone number of the informant, and it is strictly forbidden to transfer the report materials to the reported person or the reported unit.
(five) when investigating and verifying the situation, it is strictly forbidden to produce the original or copy of the report clue; Except for the needs of investigation, it is strictly forbidden to identify the handwriting of anonymous tip materials.
(six) other security measures that should be taken. Article 60 The reporting center shall designate a person to be responsible for accepting online reports, strictly manage the user name and password of the reporting website server, and replace them in time.
Computers that use the procuratorial private network to handle reporting clues should be physically isolated from the Internet.
When contacting and replying to an informant through the network, the password shall be checked, and the specific content of the report shall not be involved in the reply.
Article 61 After accepting a real-name report, the people’s procuratorate shall assess the risk of reporting, and if necessary, formulate a plan for the protection of informants to prevent and deal with acts of retaliation against real-name informants.
Article 62 After the informant reports to the people’s procuratorate under his real name, when the personal and property safety is threatened, the reporting center or investigation department shall quickly find out the situation and report to the procurator-general. If the threat does exist, it shall promptly notify the local public security organ; In case of emergency, the bailiff shall be assigned to take temporary measures of personal protection to protect the informant, and the local public security organ shall be notified in time.
Article 63 When it is really necessary for an informant to testify in a lawsuit, he shall take the following protective measures:
(1) Not disclosing personal information such as real name, address and work unit;
(2) Taking measures such as not revealing appearance and true voice to testify in court;
(three) prohibit specific personnel from contacting informants and their close relatives;
(four) to take special protective measures for the person and residence of the informant;
(5) Other necessary protective measures.
Article 64 Whoever retaliates or instructs others to retaliate against informants and their close relatives shall be dealt with separately according to the seriousness of the case after investigation and verification:
(a) if it does not constitute a crime, put forward procuratorial suggestions and transfer them to the competent authorities or departments for handling;
(2) If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 65 If an informer suffers personal injury, reputation damage or property loss due to retaliation, he shall be supported to file a claim for compensation according to law.
Chapter VIII Reward for Reporting
Article 66 If the tip-off clues are verified and the reported person constitutes a crime, a certain moral and material reward shall be given to the tip-off person who actively provides the tip-off clues and assists in solving the case.
Article 67 The people’s procuratorate shall determine the reward amount according to the nature of the crime, the amount of the crime and the value of the report materials. The bonus amount of each case is generally not more than 200,000 yuan. Informants who have made significant contributions can be rewarded with more than 200,000 yuan with the approval of the provincial people’s procuratorate, with the maximum amount not exceeding 500,000 yuan. Have a particularly significant contribution, approved by the the Supreme People’s Procuratorate, not subject to the above amount restrictions.
Sixty-eighth rewards for reporting meritorious service shall generally be carried out after the judgment or ruling takes effect.
The reward will be announced to the public in due course. If personal information such as the name and unit of the person who reported meritorious service is involved, the consent of the informant shall be obtained.
Article 69 If an informer who meets the reward conditions dies, is declared dead or loses capacity during the investigation of a case, the procuratorial organ shall give a corresponding reward to the heir or guardian determined according to law.
Article 70 The reward for reporting shall be specifically undertaken by the reporting center.
Chapter IX Clarification of False Reporting
Article 71 The People’s Procuratorate shall follow the principle of seeking truth from facts, being legal and sound, and carry out the work of clarifying the report’s inaccuracy.
Article 72 If it is verified that the report is untrue and has one of the following circumstances, and the accused person has asked for clarification or has not asked for clarification, but the court thinks it is necessary to make clarification, after seeking the consent of the accused person, it shall be reported to the procurator-general for approval, and the investigation department shall clarify the facts in an appropriate way:
(a) causing great social impact;
(two) because the report is untrue, it affects the normal work, production and life of the reported person.
Seventy-third report false clarification should be carried out within one month after the end of the initial investigation. If the reporting center does not file a case for review or reconsideration, it shall conduct it within ten working days after the conclusion of the review or reconsideration is made. The investigation and supervision department shall carry out supervision without filing a case within ten working days after the completion of the supervision procedure.
Article 74 Clarification of report inaccuracy shall be made in the unit of the reported person, the community where he lives, the people’s procuratorate handling the case or other places agreed by the reported person.
Article 75 The following methods can be adopted for clarification of false reports:
(1) Inform the unit where the informer belongs and the competent department at a higher level;
(2) Holding a clarification briefing within a certain scope; (3) Other clarification methods accepted by the informants.
Chapter X Accountability
Article 76 If the reporting center finds that the procurator has violated the law and discipline in the management of reporting clues, it shall make suggestions and transfer them to the discipline inspection and supervision department of our hospital together with relevant materials for handling.
Article 77 Under any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be given disciplinary sanctions in accordance with the regulations on disciplinary actions of procurators and other relevant provisions; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) the use of tips for extortion, bribery;
(two) abuse of power, unauthorized handling of clues;
(three) favoritism, dereliction of duty, causing heavy losses;
(4) Providing convenience for suppressing, persecuting or retaliating against informants;
(five) keeping, withholding, concealing or losing clues;
(six) in violation of the provisions on the protection of informants, deliberately disclose the name, address, telephone number or report content of informants, or transfer the report materials to the informants and the reported units, or formulate the protection plan for informants and take protective measures without formulating or taking them, resulting in retaliation against informants;
(seven) deliberately delaying, investigating and reporting clues beyond the prescribed time limit, causing serious consequences;
(eight) concealment, false reporting, failure to report major information within the prescribed time limit, resulting in serious consequences.
Chapter XI Supplementary Provisions
Article 78 These Provisions shall come into force as of the date of promulgation. If the provisions on reporting previously issued by the Supreme People’s Procuratorate are inconsistent with these Provisions, these Provisions shall apply.
Article 79 the Supreme People’s Procuratorate shall be responsible for the interpretation of these Provisions.
Related links:
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