On 15 May 2023, the China Coast Guard (CCG) issued the “Regulations on Procedures for Handling Criminal Cases by Coast Guard Agencies” (hereinafter the “Regulations”, 海警機(jī)構(gòu)辦理刑事案件程序規(guī)定).
This is the first regulation on maritime rights protection and law enforcement issued by the CCG under the authority of the Coast Guard Law of the People’s Republic of China (hereinafter the “CGL”, 中華人民共和國(guó)海警法).
According to the CGL, the CCG is responsible for handling maritime criminal cases and exercising investigative powers in the process, such as taking investigative measures and criminal compulsory measures.
The Regulations has further clarified the functions and powers of the coast guard agencies in criminal proceedings. For instance, they shall:
- file, investigate, and conduct preliminary hearing in criminal cases that take place at sea;
- decide and take compulsory measures;
- decide not to file or dismiss cases that should not be held criminally responsible;
- transfer cases that shall be prosecuted after investigation to the People’s Procuratorate for examination and decision; and
- make administrative punishment or referral of offenders to relevant departments in cases of offences that are not serious enough for criminal punishment but require administrative processing.
Photo by Shaah Shahidh on Unsplash
Contributors: CJO Staff Contributors Team
