China Redefines Criminal Syndicate, Misappropriating Public Funds

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Last updated at: (Beijing Time) Thursday, April 25, 2002

China Redefines Criminal Syndicate, Misappropriating Public Funds

China's top legislature will redefine "organization of criminal syndicate" and the "misappropriating public funds for personal use", in a bid to tighten the crack-down on such crimes.

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China's top legislature will redefine "organization of criminal syndicate" and the "misappropriating public funds for personal use", in a bid to tighten the crack-down on such crimes.

A draft legal explanation on Article 294 of Criminal Law was lodged to the 27th session of the Standing Committee of the Ninth National People's Congress (NPC) Wednesday, which promulgates that participation by or protection of a state functionary is not a must for differentiating "organization of criminal syndicate" from common criminal gangs.

In December 2000, the Supreme People's Procuratorate (SPP) issued a legal explanation on such organizations, which listed the participation by or protection of a state functionary as a vital feature of such an organization.

In the legal process, however, disputes have emerged on the definition of "organization of criminal syndicate".

In November of last year, the SPP solicited the NPC Standing Committee to make a legal explanation on the definition.

According to Hu Kangsheng, deputy director of the Commission of Legislative Affairs of the NPC Standing Committee, there are some organizations of criminal syndicates that are not under the protection of a state functionary.

The draft legal explanation, therefore, has excluded " participation by or protection of a state functionary" as a must for such an organization.

Hu also delivered a speech to the meeting of the NPC Standing Committee on a draft legal definition of crimes of " misappropriating public funds for personal use".

Compared to the legal explanation of such crimes made by the Supreme People's Court in September last year, the draft adds that any state functionary who uses public funds for other organs in the name of his own unit to seek profit for himself would commit such a crime.

The Chinese lawmakers will deliberate the above two draft legal explanations during the 27th session of the Ninth NPC Standing Committee, which will last until April 28.

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