(Adopted and promulgated at the Nineteenth Meeting of the Standing Committee of the First Shenzhen Municipal People’s Congress on November 10, 1993, and put into force from the date of promulgation)
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In order to promptly, effectively crackdown the public servants who abscond with funds, protect public property from encroachment, and maintain the economic order of a society, the following decision is hereby made in accordance with the constitution and the related laws:
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Absconding with funds referred to in this decision shall mean the acts which public servants take in using the convenience of their posts to commit economic crimes by embezzlement, misappropriation, graft, swindle, theft, etc., concealing whereabouts, and evading legal sanctions after illegally possessing a relatively large amount of public property.
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The public servants referred to in this decision shall include:
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(1) the state functionaries who are those working at state agencies, state-owned enterprises, state institutions and other various kinds of persons executing public duties according to law;
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(2) the personnel of collective economic organizations;
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(3) the other persons who handle, manage public property.
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The public property referred to in this decision shall include;
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(1) the state-owned property;
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(2) the property collectively owned by the laboring masses;
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(3) the other public property stipulated by laws.
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If the head and the related persons of any unit find a member of the personnel of their unit is planning to abscond with funds or has already absconded with funds, they shall promptly report it to the judicial office or other related offices, assist the judicial office or other related offices in taking measures to prevent and deal with it.
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After finding the act of absconding with funds, the judicial office shall place a case on file according to law, immediately order the arrest of the actor of absconding with funds at large; as for those actors of absconding with funds who have already fled to foreign countries, the public security office shall apprehend them by various means according to law.
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If actors of absconding with funds surrender themselves to justice, actively return ill-gotten gains, inform authorities of other criminal acts, and render meritorious service, the judicial office may treat them with leniency; as for those who are brought to justice by the judicial office, they shall be punished with severity.
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The property of actors of absconding with funds shall be seized, distressed, frozen, recovered or confiscated by the judicial office according to law.
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If one of the following acts is taken, the judicial office shall investigate into the legal responsibilities according to law:
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(1) to assist an actor of absconding with funds in absconding;
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(2) to harbor, cover up an actor of absconding with funds;
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(3) to harbor or assist an actor of absconding with funds in transferring illicit money.
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If the property or expenses of the state functionaries who take the above-mentioned acts clearly exceed their legitimate earnings and the difference is big, the judicial office shall order them to explain the sources of their property. If they cannot demonstrate that the sources are legitimate, the judicial office shall confiscate the difference between their property and their legitimate earnings, and investigate into the criminal responsibility.
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If the head and the directly responsible persons of a related unit are responsible for being negligent of duties in dealing with an actor of absconding with funds, the supervision office shall investigate into the administrative responsibility; if a crime of malfeasance is constituted, the judicial office shall investigate into the criminal responsibility.
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If accountants break the financial accounting system stipulated by laws, regulations so that absconding with funds takes place, the supervision office shall investigate into the administrative responsibility; if a crime is constituted, the judicial office shall investigate into the criminal responsibility.
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The person who informs of absconding with funds or assists the judicial office in apprehending and bringing an actor of absconding with funds to justice shall be commended and given a reward by the related office; if an economic loss is retrieved, a reward of 5-10% of the retrieved economic loss shall be given to the informer or assisting person as a reward.
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The judicial office shall keep informers or assisting persons confidential, and take measures to protect them if it is necessary.
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If the persons of the judicial office or other related offices who handling cases of absconding with funds have remarkable achievements, the related offices shall give commendations and rewards; if they bend the law to serve their personal considerations for favoritism or take the acts of malfeasance, the supervision office or the judicial office shall investigate into the administrative or legal responsibility.
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This decision shall come into force upon promulgation.
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