SPP Issues Provisions on Handling of Cybercrime Cases by People's Procuratorates
On January 25, 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 contain 65 articles divided into 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 have four main characteristics as follows: firstly, regulating the handling of cybercrime cases in accordance with criminal litigation procedures; secondly, stressing the normative requirements for the collection, extraction and review of electronic data; thirdly, focusing on the integration of case handling and technology; fourthly, highlighting the coordination and cooperation in case handling. Among others, the Provisions set up a special chapter to enumerate the common forms of electronic data, sort out the methods of collecting evidence, and refine the examination points of different forms of electronic data. Meanwhile, according to the cross-region characteristics of cybercrime, a special chapter has been set up to prescribe the coordination and cooperation in case handling, with detailed provisions made in four aspects such as personnel deployment, information exchange, collection of evidence on behalf of local case handling departments and assistance in obtaining evidence, which give full play to the advantages of prosecutorial integration to form a joint combat force.
(Source: Supreme People's Procuratorate)