Five departments jointly issued the Measures for the Connection of Drug Administrative Law Enforcement and Criminal Justice
2023-01-19
According to the official website of the State Food and Drug Administration, the State Food and Drug Administration, the General Administration of Market Supervision, the Ministry of Public Security, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Measures for the Connection of Drug Administrative Law Enforcement and Criminal Justice (hereinafter referred to as the Measures). The Measures shall come into force as of February 1, 2023. The formulation and issuance of the Measures, strengthening the joint investigation and handling of major cases and cases by multiple departments, strengthening the standardization and guidance of the connection of drug execution, and optimizing the connection process of execution, will better promote the implementation of the "two laws and two regulations", the "Criminal Law Amendment (11)" and the "two high" "Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases Hazardous to Drug Safety, and severely crack down on illegal and criminal acts in the drug field, Effectively maintaining the life safety and health of the people will contribute to the effectiveness of the special rectification of drug safety. There are six chapters and 46 articles in the Measures, which focus on five aspects to improve the connection of execution. First, the responsibility boundaries of drug regulatory departments, public security organs, people's procuratorates, people's courts and other departments were clarified. Increase the specific responsibilities of the drug regulatory authorities to transfer cases, clarify the responsibilities of the public security organs for case acceptance and review, and law enforcement linkage, emphasize that the procuratorate should perform the supervision responsibility for the drug regulatory authorities to transfer suspected criminal cases and the public security organs' relevant case-filing investigation activities, increase the people's court's punishment of property punishment and employment restrictions, and improve the legal deterrent. The second is to improve the conditions, time limit and supervision of case transfer, clarify the requirements for reverse transfer of public security organs and procuratorial organs, and make more specific provisions on the connection of work processes, procedures and time, material requirements, and other aspects to enhance operability. The third is to standardize the inspection, identification, transfer, storage and disposal procedures of the articles involved in the case. It is stipulated that the drug supervision department should set up a green channel for inspection and detection, and actively assist the public security and judicial authorities in providing the inspection conclusions and identification opinions of the articles involved in suspected criminal cases. It is connected with the newly revised judicial interpretation of "two high" endangering drug safety and improves the identification conclusion of the articles involved in the case. The procedures for the transfer, storage and disposal of the articles involved in the case were clarified, and the articles involved in the case were handed over at the same time as the case was transferred. For the articles involved in the case that are limited by objective conditions or have special requirements for storage and disposal, the public security organ may sign a custody agreement with the drug regulatory department to entrust the drug regulatory department to keep and dispose of the articles involved. If it is difficult to pay for storage and disposal, the drug regulatory department, together with the public security organ and other departments, shall report to the people's government at the same level for settlement. Fourth, strengthened cooperation and supervision. All departments should promote the establishment of interregional and interdepartmental linkage mechanism for drug case investigation and handling, report the situation of case handling, and establish a two-way case consultation system. It defines the responsibility of the public security organ to intervene in advance and strengthen the linkage of law enforcement. The drug supervision department should immediately notify the public security organ at the same level when it finds obvious clues suspected of committing a crime in its work. The public security organ at the same level should promptly review and, if necessary, investigate and verify. In the process of investigating and transferring cases by the drug supervision department, if it is found that the perpetrator may escape or hide or transfer, destroy or destroy evidence, the public security organ shall assist in taking emergency measures, and if necessary, cooperate with the drug supervision department to speed up the transfer process and take measures according to law
Edit：Sun Hongli Responsible editor：Tang Yuanqi
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