Chapter Ⅷ Legal Liability
Article 66 Those who form, lead, or participate in an organization of the gang nature, state functionaries who harbor or condone such an organization, and organizations of the gang nature or vicious organizations which commit crimes shall be held criminally liable in accordance with the law.
The members of an overseas criminal gang who recruit new members and commit crimes in the territory of the People's Republic of China or commit crimes against the People's Republic of China or its citizens outside the territory of the People's Republic of China shall be held criminally liable in accordance with the law.
Article 67 Those who recruit minors into a domestic organization of the gang nature or an overseas criminal gang, instigate or induce minors to commit organized crime, or who commit organized crime against the lawful rights and interests of minors shall be held criminally liable and given a heavier punishment in accordance with the law.
Article 68 For criminals of organized crime, the people's courts may prohibit them from engaging in relevant occupations in accordance with the provisions of the Criminal Law of the People's Republic of China on the prohibition from employment and notify the departments in charge of relevant industries.
Article 69 Where there is any of the following circumstances which is not criminally punishable, public security organs shall impose administrative detention for not less than five days nor more than ten days, and may in addition impose a fine of not more than RMB 10,000 yuan; or, if the circumstances are more serious, impose detention for not less than 10 days nor more than 15 days, in addition to a fine of not less than RMB 10,000 yuan nor more than RMB 30,000 yuan; and confiscate illegal gains, if any, other than those that shall be returned to victims in accordance with the law:
(1) participating in an overseas criminal gang;
(2) actively participating in a vicious organization;
(3) instigating or inducing others to participate in organized crime groups, or preventing others from withdrawing from such groups;
(4) providing funds, venues, and other support, assistance, and convenience for organized crime; and
(5) preventing others from informing on or exposing organized crime or from providing evidence of organized crime, or with knowledge that others commit organized crime, refusing to provide the relevant information or evidence when judicial organs investigate the relevant circumstances or collect the relevant evidence.
Those who instigate or induce minors to participate in organized crime groups or prevent minors from withdrawing from organized crime groups, if not criminally punishable, shall be subject to heavier penalties in accordance with the provisions of the preceding paragraph.
Article 70 Those who, in violation of Article 19 of this Law, fail to truthfully report personal property and daily activities according to the decisions of public security organs, shall be given a warning and ordered to take corrective actions by the public security organs; and those who refuse to take corrective actions shall be detained for not less than five days nor more than ten days, in addition to a fine of not more than RMB 30,000 yuan.
Article 71 Where financial institutions and other relevant entities fail to assist public security organs in taking emergency payment suspension or temporary freezing measures in accordance with Article 27 of this Law, they shall be ordered to take corrective actions by the public security organs; if they refuse to take corrective actions, they shall be fined not less than RMB 50,000 yuan nor more than RMB 200,000 yuan, and the directly liable person in charge and other directly liable persons shall be fined not more than RMB 50,000 yuan by the public security organs; and if the circumstances are serious, the public security organs may recommend that the relevant departments in charge discipline the directly liable person in charge and other directly liable persons in accordance with the law.
Article 72 Where telecommunication business operators and internet service providers fall under any of the following circumstances, they shall be ordered to take corrective actions by the relevant departments in charge; and if they refuse to take corrective actions, or the circumstances are serious, the relevant departments in charge shall impose penalties in accordance with relevant provisions of the Cyber Security Law of the People's Republic of China：
(1) refusing to provide technical support and assistance for the investigation of organized crime; and
(2) failing to adopt measures such as terminating the transmission of information containing contents that advocate or induce organized crime or deleting such information, or failing to keep relevant records as required by the departments in charge.
Article 73 Where relevant state organs or the departments in charge of specific industries refuse to perform or delay the performance of their statutory duties to combat organized crime, or refuse to cooperate with anti-organized crime investigation and evidence collection, or abuse relevant anti-organized crime measures in other work, authorities at the higher level shall order them to take corrective actions; if the circumstances are serious, the directly liable person in charge and other directly liable persons shall be disciplined in accordance with the law; and if their acts are criminally punishable, the offenders shall be held criminally liable in accordance with the law.
Article 74 Relevant departments, entities, and individuals shall keep confidential the state secrets, trade secrets, and personal privacy which come to their knowledge in the course of anti-organized crime work. Those who divulge state secrets, trade secrets, or personal privacy in violation of relevant provisions shall be held legally liable in accordance with the law.
Article 75 A state functionary who commits any of the acts as prescribed in Articles 50 and 52 of this Law shall, in accordance with the law, be held criminally liable, or be disciplined if the act is not criminally punishable.
Article 76 Any entity or individual who is dissatisfied with the decisions on administrative penalties or administrative compulsory measures imposed in accordance with this Law may apply for administrative reconsideration or file an administrative litigation in accordance with the law.
Chapter Ⅸ Supplementary Provision
Article 77 This Law shall come into force on May 1, 2022.
