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Hello! After the informant's information is leaked, if his or her person or property is threatened, he or she may seek assistance from the people's procuratorate, and notify the local public security organ if necessary.
Give protection. According to article 61 of the "People's Procuratorate Provisions on Whistle-blowing Work", after the people's procuratorate accepts a real-name report, it shall conduct an assessment of the risk of the report, and when necessary, shall formulate a whistleblower protection plan to prevent and address acts of retaliation against the real-name whistleblower.
Article 62 stipulates that when a whistleblower seeks assistance from the people's procuratorate if his or her personal or property safety is threatened and seeks assistance from the people's procuratorate after making a real-name report to the people's procuratorate, the reporting center or investigation department shall promptly ascertain the circumstances and report to the chief procurator.
where it is found that the threat truly exists, the local public security organs shall be promptly notified; Where the situation is urgent, judicial police shall be appointed first.
Adopt temporary measures of personal protection to protect whistleblowers, and promptly notify the local public security organs.
Extended information: Article 58 of the Provisions on Whistleblowing Work of People's Procuratorates stipulates that people's procuratorates at all levels shall protect whistleblowers and their close relatives in accordance with the law.
security and legitimate interests.
Article 59 stipulates that people's procuratorates at all levels shall adopt the following confidentiality measures:
1. Reporting clues are entered into a special computer by a special person, and are strictly managed with a password, and other staff are not allowed to view them without the approval of the chief procurator.
2. The reporting materials shall be placed in a confidential place, and the confidential place shall be equipped with confidentiality facilities. Unrelated persons are not allowed to enter confidential places without permission.
3. When reporting leads to the chief procurator, the relevant materials shall be sealed in a confidential bag, and the confidential number shall be filled in, and the chief procurator shall personally open the seal.
4. It is strictly forbidden to disclose the content of the report and the name, address, ** and other personal information of the informant, and it is strictly forbidden to transfer the reporting materials to the reported person or the reported unit.
5. When investigating and verifying the situation, it is strictly forbidden to show the original or copy of the report clues; Except as necessary for investigative work, it is strictly forbidden to conduct handwriting evaluations of anonymous reporting lead materials.
Official website - People's Procuratorate Provisions on Whistleblowing Work.
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Where personal safety is not guaranteed due to the leakage of the informant's information, the local public security department or discipline inspection or supervision organs may be sought for protection, and the relevant departments will also verify the leak and pursue relevant responsibility. It is also possible to sue directly in court to pursue the legal responsibility of the person who leaked it.
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If the whistleblower's information is leaked, he or she can sue the court to investigate the legal responsibility of the leaker. Where the reported matter, the acceptance of the report, and information related to the informant are leaked, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with discipline and law; where a crime is constituted, the judicial organs shall pursue criminal responsibility in accordance with law.
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Whistleblowers may report information leaks to the public security organs as informants. Because whistleblower information is not allowed to be disclosed. The whistleblower's personal information is protected by law. If it is said that the whistleblower's information is leaked, it is okay. Pursue the legal responsibility of the relevant units.
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If the information of the person who reported it is leaked, there is no way, the information has been leaked, and you can only reduce the possibility of yourself being exposed as much as possible.
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The relevant institutions must keep the information of the whistleblower confidential, and if it is leaked, they can initiate administrative reconsideration or criminal proceedings to protect their own rights and interests.
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Under normal circumstances, the receiving unit will keep the information of the whistleblower confidential, and if the whistleblower's information is leaked, it is necessary to pursue the relevant responsibilities of the whistleblower.
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Legal analysis: If the personal safety of the whistleblower is not guaranteed due to the leakage of the informant's information, the local public security department or the discipline inspection and supervision organs may be sought for protection, and the relevant departments will also verify the leak of the information and pursue the relevant responsibility. It is also possible to sue directly in court to pursue the legal responsibility of the person who leaked it.
China's constitution gives citizens the right to report, report, and complain, and citizens enjoy the right to report, and can report illegal and criminal incidents or incidents that infringe on the interests of the public to the public security organs, courts, procuratorates, and relevant departments.
Legal basis: Article 41 of the Constitution of the People's Republic of China Citizens of the People's Republic of China have the right to criticize and make suggestions to any state organ or functionary; They have the right to lodge complaints, accusations, or reports with the relevant state organs for illegal acts or dereliction of duty committed by any state organ or state functionary, but they must not fabricate or distort facts to make false accusations and frame them.
With regard to citizens' complaints, accusations, or reports, the relevant state organs must ascertain the facts and be responsible for handling them. No one may suppress or retaliate.
Supervision Law of the People's Republic of China" Article 65: Where Supervision Organs and their staffs exhibit any of the following conduct, the responsible leaders and directly responsible personnel are to be dealt with in accordance with law:
1) Disposing of leads without approval or authorization, concealing or failing to report major case facts when discovered, or privately retaining or disposing of materials involved in the case;
2) Exploiting authority or the influence of one's position to interfere with investigative work or using cases for personal gain;
3) Illegally stealing or leaking information on investigative work, or leaking information on reported matters, acceptance of reports, or informants;
4) Extorting or inducing confessions from the person being investigated or persons involved in the case, or insulting, beating, abusing or inflicting corporal punishment or covert corporal punishment;
5) Disposing of sealed, seized, or frozen property in violation of provisions;
6) Violating provisions to cause a case-handling security incident, or concealing or failing to report a security incident, making an untruthful report, or improperly disposing of a security incident;
7) Employing retention in custody in violation of provisions;
8) Violating provisions by restricting others from leaving the country, or failing to lift exit restrictions in accordance with regulations;
9) Other acts of abuse of authority, dereliction of duty, or twisting the law for personal gain.
Several Provisions of the Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Finance on Protecting and Rewarding Informants of Crimes Abusing Public Office》 Article 4: Where any individual or unit reports crimes abusing public office to the people's procuratorate in accordance with law, their lawful rights and interests are protected by law. The people's procuratorate must keep the content of the report and the informant's information strictly confidential.
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Legal Analysis: No. Reports and complaints can be made in the form of letters, visits, **, faxes, e-mails or oral. The department that receives the report will keep the whistleblower confidential.
Legal basis: Article 111 of the Criminal Procedure Law of the People's Republic of China: Reports, accusations, or reports may be submitted in writing or orally. Staff members who receive oral reports, accusations, or reports shall write a record, and after it is read out correctly, the person making the report, accuser, or informant is to sign or affix a seal.
Staff members who receive accusations or reports shall explain to the accuser or informant the legal responsibility they should bear for false accusations. However, as long as it is not a fabrication of facts or fabrication of evidence, even if there are discrepancies in the facts of the accusation or report, or even if it is wrongly accused, it must be strictly distinguished from false accusation.
Public security organs, people's procuratorates, or people's courts shall ensure the safety of informants, accusers, informants, and their close relatives. If the informant, accuser, or informant is unwilling to disclose his or her name or the conduct of the report, accusation, or report, he shall keep his secret.
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Complaints about the leakage of personal information can be made through ** report, letter report, face-to-face report, etc.
If the perpetrator clearly knows that it cannot be disclosed, leaked, or used for other purposes, but still ** or illegally discloses, discloses, or provides it to others, and the circumstances are serious, it may constitute a crime, and he will be investigated for criminal responsibility.
Citizens' personal information is as follows:
1. It is directly related to individual citizens and can reflect the local or overall characteristics of citizens; or once acquired or used, it is exclusive. The former is such as the citizen's date of birth, fingerprints, etc., and the latter is such as ID number, home address, etc.
2. It has the value of legal protection, and citizens' personal information carries the individual characteristics and even rights of citizens, and if it is allowed to be leaked or obtained by others, it will inevitably lead to citizens being in a dangerous state of being infringed upon at all times.
3. The protection of citizens' personal information is not premised on the request of the information owner, and no organization or individual has the right to disclose or obtain their personal information unless it is necessary to safeguard the national interest, the public interest or the will of the information owner.
Criminal Law of the People's Republic of China
Article 253-1: [Crimes of Infringing on Citizens' Personal Information] Where relevant state provisions are violated by providing citizens' personal information to others** or to others, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
Where relevant state provisions are violated by providing citizens' personal information obtained in the course of performing duties or providing services, or providing it to others, a heavier punishment is to be given in accordance with the provisions of the preceding paragraph.
Where citizens' personal information is stolen or otherwise illegally obtained, punishment is to be given in accordance with the provisions of the first paragraph.
Where a unit commits the crimes in the preceding three paragraphs, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of those paragraphs. Article 253 [Crimes of opening, concealing, or destroying mail or telegrams without permission; Theft] Postal workers who open or conceal or destroy mail or telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Where property is stolen while the crimes in the preceding paragraph are committed, it is to be convicted and given a heavier punishment in accordance with the provisions of article 264 of this Law.
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