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高举法制利剑 严惩黑恶势力
依法严惩黑恶势力犯罪
扫黑除恶
苏州工业园区扫黑除恶专项斗争领导小组各成员单位密切配合,相互支持,形成打击合力,加强预防惩治黑恶势力犯罪长效机制建设。正确运用法律规定加大对黑恶势力违法犯罪以及“保护伞”惩处力度。
一、依法认定和惩处黑社会性质组织犯罪。
准确把握《刑法》第二百九十四条第五款中规定的“组织特征”“经济特征”“行为特征”和“危害性特征”,准确评价涉案犯罪组织所造成的的社会危害,做到不枉不纵。
二、依法惩处恶势力犯罪。
在办理恶势力犯罪案件时,按照相关规定,区别于普通刑事案件,充分运用《刑法》总则关于共同犯罪和犯罪集团的规定,依法从严惩处。
三、依法惩处利用“软暴力”实施的犯罪。
黑恶势力为谋取不法利益或形成非法影响,有组织地采用滋扰、纠缠、哄闹、聚众造势等手段侵犯人身权利、财产权利,破坏经济秩序、构成犯罪的,按照《刑法》相关社会秩序规定处理。
四、依法打击非法放贷讨债的犯罪活动。
对于非法吸收公众存款、骗取贷款、套取金融机构资金发放高利贷以及为强索债务而实施故意杀人、故意伤害、非法拘禁、故意毁坏财物等行为、假借民间借贷之名非法占有他人财物等行为,按照具体犯罪惩处。
五、依法严惩“保护伞”。
依法严惩利用职务恃强凌弱、吃拿卡要、侵吞挪用国家专项资金的犯罪,以及放纵、包庇“村霸”和宗族恶势力,或者收受贿赂、徇私舞弊,为恶势力充当“保护伞”的犯罪。
六、依法处置涉案财产。
根据黑社会性质组织犯罪案件的诉讼需要,依法查询、查封、扣押、冻结全部涉案财产,并对依法应当追缴、没收的财产予以追缴或没收。
苏州工业园区扫黑除恶专项斗争领导小组办公室 宣
Hold high the sword of the rule of law and severely punish the forces of gangs and villains
Severely punish crimes committed by forces of gangs and villains
Suppress gangs and eliminate villains
The member units of the Suzhou Industrial Park's Special Struggle Leading Group for Suppression Gangs and Elimination Villains cooperate closely, support each other, form a joint force in combating, and strengthen the construction of a long-term mechanism for preventing and punishing crimes by gangs an villains. Correctly use legal provisions to increase punishments for crimes by gangs and villains and "protective umbrellas".
1. Identify and punish crimes organized by underworld organizations in accordance with the law.
Accurately grasp the "organizational characteristics", "economic characteristics", "behavioral characteristics" and "hazardous characteristics" stipulated in the fifth paragraph of Article 294 of the Criminal Law, and accurately evaluate the social harm caused by the criminal organization involved in the case with no injustice or connivance.
2. Punish crimes committed by evil forces in accordance with the law.
When dealing with crimes committed by evil forces, differentiate from ordinary criminal cases, fully apply the provisions of the General Provisions of the Criminal Law on joint crimes and criminal groups, and punish them severely in accordance with the law.
3. Punish crimes committed by using "soft violence" in accordance with the law.
In order to seek illegal interests or form illegal influence, underworld forces systematically use harassment, entanglement, rioting, gathering crowds and other means to infringe personal and property rights, disrupt economic order. For those constitute a crime, deal with them according to the relevant social order provisions of the Criminal Law.
4. Crack down on criminal activities of illegal lending and debt collection in accordance with the law.
For illegally absorbing public deposits, defrauding loans, arbitrarily obtaining funds from financial institutions to issue usury loans, and carrying out intentional homicide, intentional injury, illegal detention, intentional destruction of property, etc. in order to forcibly demand debts, and illegal possession of other people’s property under the guise of private lending, etc., punish them according to the specific crime.
5. Severely punish the "protective umbrella" in accordance with the law.
Severely punish crimes of using positions to bully the weak, taking credit cards, embezzling and misappropriating state special funds, as well as crimes of indulging and shielding "village tyrants" and evil clan forces, or accepting bribes, practicing favoritism, and acting as a "protective umbrella" for evil forces.
6. Dispose of the property involved in the case in accordance with the law.
According to the litigation needs of organized crime cases of gangs nature, all property involved in the case shall be inquired, sealed up, seized, and frozen in accordance with the law, and the property that should be recovered or confiscated in accordance with the law shall be recovered or confiscated.
The Office of the Leading Group of the Special Struggle for Supression of Gangs and Elimination of Villains in Suzhou Industrial Park announced