Four departments promulgated the "Working Measures for the Connection between Work Safety Administrative Law Enforcement and Criminal Justice"

Notice of the Supreme People's Court and the Supreme People's Procuratorate of the Ministry of Emergency Management of the Ministry of Public Security on Printing and Distributing the Measures for the Connection between Work Safety Administrative Law Enforcement and Criminal Justice Emergency (2019) No.
54Emergency Management Departments (Bureaus) and Public Security Departments (Bureaus) of all provinces, autonomous regions, and municipalities , High People’s Court, People’s Procuratorate, Xinjiang Production and Construction Corps Emergency Management Bureau, Public Security Bureau, Xinjiang Uygur Autonomous Region High People’s Court Production and Construction Corps Branch, Xinjiang Production and Construction Corps People’s Procuratorate, provincial coal mine safety supervision bureaus: inorder to establish and improve safe production Administrative law enforcement and criminal justice work mechanism to punish violations and crimes of production safety in accordance with the law, to ensure the safety of people’s lives and property and social stability.
The Ministry of Emergency Management, the Ministry of Public Security, the Supreme People’s Court, and the Supreme People’s Procuratorate jointly studied and formulated the "Administrative Enforcement of Work Safety" The Measures for the Linkage with Criminal Justice are now being issued, please follow them and implement them.

Ministry of
Emergency Management, Ministry of Public Security, Supreme People’s
Court, Supreme People’s Procuratorate
, April 16, 2019 Work Safety Administrative Law Enforcement and Criminal Judicial Work Measures Chapter 1 General Provisions Article1 In order to establish and improve the work safety administrative law enforcement and criminal justice work mechanism, and punish them in accordance with the law Illegal and criminal acts of safety in production, to protect people’s lives and property safety and social stability, in accordance with the "Criminal Law of the People's Republic of China", "Criminal Procedure Law of the People's Republic of China", "Production Safety Law of the People's Republic of China", "Fire Protection Law of the People's Republic of China" and "Administrative Enforcement Regulations on Transfer of Suspected Criminal Cases by Authorities, “Regulations on Reporting, Investigation and Handling of Production Safety Accidents”, “Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Production Safety” and other laws, administrative regulations, judicial interpretations and related regulations , Formulate this method.
Article 2 These Measures are applicable to cases involving crimes involving safety in production handled by emergency management departments, public security organs, people’s courts, and people’s procuratorates.
The emergency management department shall handle other suspected criminal cases found during the investigation and punishment of illegal activities with reference to these Measures.
The emergency management departments referred to in these Measures include coal mine safety supervision agencies and fire control agencies.
These measures are not applicable to the cases of suspected production safety crimes that occur during the exercise of public powers by public officials under the Supervision Law of the People’s Republic of China and the supervision organs are responsible for investigations, and should be promptly transferred to the supervision organs for handling in accordance with the law.
Article 3 Suspected safety production crime cases mainly include the following cases:(1) Major liability accident cases;(2) Forced violations of regulations and risky operations;   (3) Major labor safety accident cases;   (4) Dangerous goods incidents;   (5) ) Fire accidents and fire cases;   (6) Non-reporting or false reporting of safety incidents;   (7) Illegal mining, illegal manufacturing, trading, and storage of explosives, illegal operations, forging, altering, and trading of official documents, certificates, and seals of state agencies Other crimes suspected of safety in production.
  Article 4 The People’s Procuratorate shall exercise legal supervision over the transfer of suspected safety production crime cases by the emergency management department and the relevant case filing activities of the public security organs in accordance with the law.
Article 5 Emergency management departments at all levels, public security organs, people’s procuratorates, and people’s courts shall strengthen collaboration, unify the application of laws, and continuously improve the working mechanisms for case transfer, case notification, and information sharing.
  Article 6: The emergency management department discovers clues to the suspected safety production crime by public officials exercising public power in the process of administrative law enforcement, or the emergency management department, public security organs, and the people’s procuratorate discover public positions exercising public powers in the process of investigating and punishing relevant illegal and criminal acts.
The clues to the staff's suspected corruption, bribery, dereliction of duty, and other job violations or job crimes shall be promptly transferred to the supervisory authority for handling.
Chapter II Case Transfer and Legal Supervision in Daily Law Enforcement  Article 7 When the emergency management department discovers a suspected production safety crime case in the process of investigating and punishing illegal acts, it shall immediately designate two or more administrative law enforcement personnel to form a special task force responsible for it, and submit a written report on the transfer of the suspected criminal case after verifying the situation.
The person in charge of the emergency management department or the person in charge of the work shall make a decision to approve the transfer or not to approve the transfer within 3 days from the date of receiving the report.
If the transfer is approved, it shall be transferred to the public security organ at the same level within 24 hours; if the transfer is not approved, the reason for disapproval shall be recorded on the record.
  Article 8 When the emergency management department transfers a suspected production safety crime case to the public security organ, it shall attach the following materials and copy the case transfer letter to the people’s procuratorate at the same level.
  (1) The case transfer letter, stating the name of the emergency management department that transferred the case, the suspected crime of the illegal act, the case sponsor and contact number, etc.
The case transfer letter should be accompanied by a list of transferred materials and stamped with the official seal of the emergency management department;   (2) The case investigation report, which contains the source of the case, the situation of the investigation, the basic situation of the suspect, the facts of the suspected crime, the evidence and legal basis, and the handling recommendations, etc.
;   (c) a list of items involved, specify the name of the items involved, the number, characteristics, storage places and other matters, taken together with compulsory administrative measures, on the scene and other sources indicate that goods seized in related materials;   (iv) with accreditation bodies and The inspection report or appraisal opinion of the appraiser’s qualification certificate or other supporting documents;   (5) On-site photos, interrogation transcripts, electronic data, audio-visual materials, confirmation opinions, notice of order for rectification, and other evidence related to the case.
Where an administrative penalty decision has been made for the relevant illegal act, the administrative penalty decision shall also be attached.
  Article 9 The public security organ shall issue a receipt of acceptance of the case or sign the receipt of the case transfer form for a suspected production safety crime case transferred by the emergency management department.
  Article 10: If the public security organ finds incomplete materials in the transferred suspected production safety crime case, it shall notify the emergency management department in writing within 24 hours of accepting the case to make corrections within 3 days.
  If the public security organ finds incomplete materials and insufficient evidence to be transferred in a suspected production safety crime case, it may submit supplementary investigation opinions on relevant evidence requirements to prove the criminal facts, and the emergency management department that transferred the case may conduct supplementary investigation.
According to the actual situation, the public security organs can investigate on their own in accordance with the law.
  Article 11 The public security agency shall, within 3 days from the date of accepting the case of a suspected safety production crime, make a decision to open the case or not; if the suspected criminal clues need to be verified, it shall make a decision within 7 days from the date of accepting the case Decisions: For major, difficult and complicated cases, with the approval of the person in charge of the public security organs at or above the county level, a decision can be made within 30 days from the date of acceptance.
If the case is not filed in accordance with the law, the reasons shall be explained and the case materials shall be returned accordingly.
  For cases under the jurisdiction of the public security organ but not under the jurisdiction of this public security organ, the case shall be transferred to the public security organ with jurisdiction within 24 hours after the case is accepted, and the emergency management department of the transferred case shall be notified in writing, and a copy shall be sent to the people’s procuratorate at the same level.
For cases that are not under the jurisdiction of the public security organs, they shall be returned to the emergency management department that transferred the case within 24 hours.
  Article 12: If a public security organ makes a decision to open a case or not to file a case, it shall notify the emergency management department in writing within 3 days from the date of making the decision, and send a copy to the people’s procuratorate at the same level.
  For transferred cases of suspected production safety crimes, if the public security organ decides to dismiss the case after filing the case, it shall send the decision to dismiss the case to the emergency management department that transferred the case, and return the case file materials.
Where administrative legal liabilities should be investigated in accordance with the law, a written proposal may be made at the same time.
A copy of the decision to cancel the case shall be sent to the People’s Procuratorate at the same level.
  Article 13 The emergency management department shall transfer the items involved and other materials related to the case to the public security organ within 3 days from the date of receipt of the notice from the public security organ for filing a case, and go through the handover procedures.
  For items involved in the case with special requirements for storage conditions and storage sites, the emergency management department can take care of them after the public security organs take necessary measures to securely retain evidence.
The emergency management department shall properly keep the items involved in the case, and cooperate with the public security organs, the people's procuratorate, and the people's court in the process of obtaining, using, and appraising the items involved in the case.
  Article 14: After receiving the notice from the public security agency that the case should not be filed, the emergency management department believes that the public security agency should decide to file the case in accordance with the law, it may request the public security agency to make a decision not to file a case within 3 days from the date of receiving the notice of refusal to file a case.
The reconsideration of the agency may also suggest that the People's Procuratorate conduct case filing and supervision.
  The public security organ shall make a reconsideration decision within 3 days from the date of receiving the document for reconsideration, and notify the emergency management department in writing.
If the emergency management department still disagrees with the reconsideration decision of the public security organ, it shall recommend to the People’s Procuratorate to file and supervise the case within 3 days from the date of receipt of the reconsideration decision.
  If the emergency management department has objections to the public security organ’s failure to make a decision on whether to open a case or dismiss the case after the case has been filed, it may suggest that the People’s Procuratorate conduct case-filing supervision.
  Article 15 If the emergency management department recommends that the People’s Procuratorate conduct case filing supervision, it shall provide a case filing supervision proposal, relevant case materials, and attach a notice of not filing a case, a notice of reconsideration of not filing the case, or a decision to withdraw the case after filing and related explanations.
Reason material.
  Article 16 The People's Procuratorate shall review the case-filing supervision recommendations of the emergency management department, and if it believes that the public security organs need to explain the reasons for not filing the case or dismissing the case after filing, it shall require the public security organs to explain the reasons within 7 days.
The public security organ shall explain the reasons in writing and reply to the people's procuratorate.
  If the People’s Procuratorate finds that the public security organ’s refusal to file the case or the reason for dismissing the case after the case has been filed upon review is sufficient and conforms to the circumstances prescribed by the law, it shall issue a procuratorial opinion supporting the refusal to file the case or dismiss the case.
If the relevant reason is deemed untenable, the public security organ shall be notified to file the case.
After the public security organ receives the notice of filing the case, it shall file the case within 15 days and send the decision to file the case to the People’s Procuratorate.
  Article 17: If the People's Procuratorate finds that the emergency management department does not transfer a suspected production safety crime case, it may send personnel to inquire about and read relevant case materials, and if it thinks it should be transferred, it shall submit a procuratorial opinion.
The emergency management department shall transfer the case to the public security organ within 3 days after receiving the procuratorial opinion, and send a copy of the case transfer letter to the People’s Procuratorate.
  Article 18: The People's Procuratorate shall approve the arrest and prosecution of criminal suspects who meet the conditions for arrest and prosecution.
  In cases where the People’s Procuratorate decides not to prosecute, it shall, within 3 days from the date of making the decision, deliver the non-prosecution decision to the public security organ and the emergency management department.
Where administrative legal liabilities should be investigated in accordance with the law, procuratorial opinions may be submitted at the same time, and the emergency management department may be required to report the handling situation in a timely manner.
Chapter III Case Transfer and Legal Supervision in Accident Investigation   Article 19 The public security organs with jurisdiction in the place where the accident occurred shall, based on the circumstances of the accident, file a case for investigation in accordance with the law for suspected safety production crimes.
  Article 20: If a crime of production safety is found in the accident investigation, the accident investigation team or the fire protection agency responsible for the fire investigation shall promptly transfer the relevant materials or their copies to the public security agency with jurisdiction for handling in accordance with the law.
  During the process of accident investigation, the accident investigation team or the fire protection agency responsible for fire investigation may hold a special meeting to report the progress of the accident investigation to the public security organ with jurisdiction.
If a public security organ with jurisdiction opens a case for investigation of a suspected safety production crime case, it shall copy the case filing decision to the emergency management department at the same level, the people’s procuratorate, and the emergency management department that organizes accident investigations within 3 days.
  Article 21: For cases of suspected production safety crimes that have major social impacts, the higher-level public security organs adopt methods such as listing to supervise the handling, dispatching personnel to participate, etc.
to strengthen guidance and supervision.
When necessary, they can directly organize the handling in accordance with relevant regulations.
  Article 22: If the emergency management department organizing accident investigations, the public security organs at the same level, and the people’s procuratorate have disagreements on the facts, nature determination, evidence admissibility, application of law, and accountability of suspected production safety crimes, they shall strengthen coordination and communication.
When necessary, the opinions of the people's court may be heard on issues such as the application of the law.
  Article 23 In the case of the death of more than one person, if an investigation is organized in accordance with the law and a written investigation conclusion is made that does not belong to a production safety accident or a production safety liability accident, the emergency management department shall promptly copy the investigation conclusion to the supervisory organ at the same level , Public security organs, people's procuratorates.
Chapter IV Collection and Use of Evidence  Article 24: In the process of investigating and punishing illegal acts, relevant emergency management departments shall comprehensively collect and properly preserve evidence materials.
Measures should be taken to extract and fix the traces and physical evidence that are easy to disappear; for the seized items involved, fill in the list of items involved in the case truthfully, and deal with them in accordance with relevant national regulations; for items involved in the case that need to be inspected and appraised, statutory inspection and appraisal shall be conducted The institution conducts inspections and appraisals, and issues an inspection report or appraisal opinion.
  In the process of accident investigation, the relevant departments shall collect and store relevant evidence materials in accordance with the provisions of the preceding paragraph in accordance with the provisions of relevant laws and regulations or the arrangements of the accident investigation team.
  Article 25 In the process of investigating illegal acts or accident investigations, evidence materials such as physical evidence, documentary evidence, audio-visual materials, electronic data, inspection reports, appraisal opinions, inspection transcripts, inspection transcripts, etc.
are collected and produced in accordance with the law, as well as accidents that have been approved according to law.
Investigation reports can be used as evidence in criminal proceedings.
  The accident investigation report submitted by the accident investigation team in accordance with relevant regulations shall be signed by its members.
If there is no signature, it shall be supplemented or corrected or a reasonable explanation shall be made.
  Article 26: If the parties, their defenders, and agents ad litem raise objections to inspection reports, expert opinions, inspection records, inspection records, etc.
, and apply for re-inspection, appraisal, inspection or inspection, they shall explain the reasons.
If the people's court deems it necessary after trial, it shall agree.
If the people’s court agrees to an application for re-appraisal, it shall promptly entrust an appraisal, and inform the People’s Procuratorate, the parties and their defenders, and agents ad litem of the appraisal opinions; the public security organs can also conduct re-inspection, appraisal, inquiries, and inspections by themselves or by entrusting relevant agencies.
Wait.
  Chapter V Coordination Mechanism   Article 27: Emergency management departments at all levels, public security organs, people’s procuratorates, and people’s courts shall establish a long-term working mechanism for the connection of administrative law enforcement and criminal justice in production safety.
Clarify the lead agency and contact person of the unit, and strengthen communication and collaboration in daily work.
Regular joint meetings are held to coordinate and resolve important issues, and to clarify the agreed matters in the form of meeting minutes.
  The emergency management departments of all provinces, autonomous regions, and municipalities directly under the Central Government, public security organs, people’s procuratorates, and people’s courts shall jointly notify the transfer, filing, approval of arrests, prosecutions, results of judgments, etc.
of suspected production safety crimes within their jurisdictions on a regular basis each year.
  Article 28: Emergency management departments can consult public security organs and people’s procuratorates on major, difficult and complex cases on criminal case prosecution standards, evidence fixation and preservation; public security organs and people’s procuratorates can deal with professional issues in case handling Consult the emergency management department.
The inquired agency shall reply in a timely manner; for written inquiries, it shall reply in writing within 7 days.
  Article 29 The people's court shall publish the judgment and ruling on the Internet in a timely manner in accordance with the regulations after the judgment or ruling of the relevant case becomes effective.
Where occupational prohibition measures are applied, the verdict and ruling shall be delivered to the county-level emergency management department and public security organ in the criminal’s place of residence within 10 days after the sentence or ruling becomes effective, and a copy shall be sent to the county-level People’s Procuratorate in the criminal’s place of residence at the same time.
Those who have the status of a state official shall deliver the verdict and ruling to the original unit of the criminal.
  Article 30: People’s procuratorates and people’s courts may issue procuratorial recommendations or judicial recommendations if they find that relevant production and business units have problems with safeguards for production safety or relevant departments have illegal or improper circumstances in the performance of production safety supervision and management duties.
Relevant production and business units or relevant departments shall promptly deal with it in accordance with regulations, and provide written feedback to the people’s procuratorate and people’s court that made recommendations.
  Article 31 Emergency management departments at all levels, public security organs, and people’s procuratorates shall use information technology to gradually realize the online transfer, online acceptance and online supervision of suspected production safety crime cases.
Chapter VI Supplementary Provisions   Article 32 The emergency management departments, public security organs, people’s procuratorates, and people’s courts of provinces, autonomous regions, and municipalities directly under the Central Government may formulate implementation measures based on the actual conditions of their respective regions.
  Article 33 These Measures shall be implemented from the date of issuance.
The reporter learned from an interview on the 6th that the Ministry of Emergency Management, the Ministry of Public Security, the Supreme People’s Court, and the Supreme People’s Procuratorate have jointly issued the "Measures for the Connection between Work Safety Administrative Law Enforcement and Criminal Justice" (hereinafter referred to as the "Measures", see "Read the original text" for the full text).
Establish and improve the working mechanism of the connection between the administrative law enforcement of work safety and criminal justice, punish illegal activities of work safety in accordance with the law, and ensure the safety of people's lives and property and social stability.
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