On January 25, 2021, the Supreme People's Procuratorate ("SPP") issued the Provisions on the Handling of Cybercrime Cases by the People's Procuratorates (the "Provisions") for implementation as of the date of issuance.
The Provisions has a total of 65 articles in seven chapters, including general provisions, guided collection of evidence and case review, review of electronic data, and attendance in court in support of public prosecutions.
The Provisions require that the people's procuratorate should strengthen the punishment in handling cybercrime cases in whole and pay attention to examining and discovering the clues of upstream and downstream related crimes. For a suspected crime, if the public security organ does not put it on file for investigation and should apply for approval of arrest but does not apply for approval of arrest, or if the case should be transferred for prosecution but does not be transferred for prosecution, supervision shall be carried out according to law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.