The Supreme People's Procuratorate has issued a guideline on work related to reverse transference between administrative law enforcement and criminal justice in order to guarantee and standardize work in this field.
Reverse transference between administrative law enforcement and criminal justice applies to cases where procuratorial organs decide not to prosecute but deem it necessary to impose administrative penalties on the parties involved. In such instances, timely procuratorial opinions need to be presented, while the cases involved need to be transferred to the relevant administrative authorities. Procuratorial organs will closely monitor and supervise the handling of the cases.
The guideline stipulates that the work related to reverse transference between administrative law enforcement and criminal justice must strictly abide by the law, be objective and fair, and ensure appropriate penalties. It emphasizes the importance of monitoring to ensure that relevant administrative authorities exercise their administrative penalty powers in accordance with the law.
According to the guideline, the department responsible for administrative prosecution work within the procuratorate is specifically tasked with handling reverse transference between administrative law enforcement and criminal justice. It is responsible for reviewing whether a procuratorial opinion should be proposed to the relevant administrative authorities, as well as for facilitating the transfer of cases, conducting analysis and summaries, and coordinating communication.
In cases where the procuratorate decides not to prosecute, the criminal prosecution department must transfer the cases to the department responsible for administrative prosecution work within three working days from the date of making the decision through the national procuratorial system.
The guideline specifies that if the procurator handling the case believes that administrative penalties should be imposed on the parties not to be prosecuted, they must prepare procuratorial opinion letters, which should include the facts of violation of the law, specific circumstances and evidence thereof, recommendations for administrative penalties, as well as details regarding the sealing, seizing or freezing of assets involved in the case.
If the procuratorate deciding not to prosecute believes that a procuratorial opinion should be submitted to a higher-level administrative authority, it must report to the procuratorate at the same level as that administrative authority, which will present the procuratorial opinion, according to the guideline.
The guideline also outlines provisions for tracking and supervising case handling, requiring that the procuratorial opinion letter should state that the relevant administrative authority must provide a written response to the procuratorate regarding the results or progress in case handling within 90 days of receiving the letter.
If the administrative authority fails to respond, refuses to initiate administrative proceedings, or avoids imposing administrative penalties without justifiable reasons, the procuratorate must supervise and urge them to make rectification in accordance with the law, according to the guideline.
