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Article 98: Those who violate the provisions of this Law and commit acts in violation of public security management shall be given penalties for public security management in accordance with the law； If a crime is constituted, criminal liability shall be pursued in accordance with the law. Interpretation of the provision: This article deals with the imposition of public security management penalties and the pursuit of criminal liability in cases of violations of this law. 1. Those who violate the provisions of this Law and commit acts in violation of public security management shall be given penalties for public security management in accordance with the law. (1) Acts that violate the provisions of this law and constitute violations of public security management include: 1. The acts stipulated in Article 39 of the Law on Penalties for Public Security Management, namely those where the management personnel of hotels, restaurants, theaters, entertainment venues, sports fields, exhibition halls, or other places intended for public use fail to comply with safety regulations, thereby creating a risk of safety accidents in such places, and refuse to make corrections despite orders from the public security authorities ； 2. The act of “obstructing **government officials from performing their duties in accordance with the law” as stipulated in Article 50, Item (2) of the Law on Penalties for Public Security Violations ； 3. The act of \"hiding, transferring, selling, or destroying property that has been seized, sealed up, or frozen by the special equipment safety supervision authorities in accordance with the law\", as stipulated in Item (1) of Article 60 of the Law on Penalties for Public Security Violations ； 4. Other acts that violate this Law as well as laws and regulations on public security management, and for which penalties under such laws should be imposed in accordance with the law. (II) Regarding the imposition of administrative penalties on offenders in accordance with the provisions of this Law and laws and regulations on public order management, it should be noted that if an offender’s actions violate both the provisions of this Law and those of laws and regulations on public order management, in addition to imposing administrative penalties on such offender in accordance with this Law, penalties must also be imposed in accordance with the relevant laws and regulations on public order management. However, this must not violate the provision of the Administrative Penalty Law, which states that no administrative penalty in the form of a fine may be imposed more than once for the same illegal act committed by the same party. II. Those who violate the provisions of this Law and commit a crime shall be held criminally liable in accordance with the law. (1) Criminal liability, also known as criminal legal responsibility, refers to certain adverse legal consequences that must be borne in accordance with the criminal law by a subject who possesses criminal responsibility capacity and has committed a criminal act. Those who violate the provisions of this law and commit a crime shall be held criminally liable in accordance with the law; two conditions must be met simultaneously: 1. The act carried out by the perpetrator violates this law ； 2. The act committed by the perpetrator violates the provisions of criminal law; it constitutes a crime under such laws and entails criminal liability. (II) Where violations of the provisions of this Law constitute a crime, the main criminal offenses involved include: 1. For administrative counterparts who violate this Law, the main criminal offenses that may apply are: (1) The crime of producing and selling substandard products (Article 140 of the Criminal Law) ； (2) Crime of illegal business operations (Article 225 of the Criminal Law) ； (3) Crime of causing a major responsibility accident (Article 134 of the Criminal Law) ； (4) Crime of providing false documentary evidence (Articles 229, Paragraphs 1 and 2 of the Criminal Law) ； (5) Crime of issuing materially false certification documents (Article 229, Paragraph 3 of the Criminal Law) ； (6) Crime of obstructing official duties (Article 277 of the Criminal Law) ； (7) Other related offenses. 2. The main criminal charges that may apply to the departments responsible for the supervision and management of special equipment safety and their inspectors for such equipment in case they violate this law include: (1) Bribery (Article 385 of the Criminal Law) ； (2) Crime of abusing power (Article 397 of the Criminal Law) ； (3) Crime of dereliction of duty (Article 397 of the Criminal Law) ； (4) Crime of failing to transfer criminal cases out of favoritism (Article 402 of the Criminal Law) ； (5) Crime of conniving at the production and sale of fake and substandard goods (Article 414 of the Criminal Law) ； (6) Crime of infringing trade secrets (Article 219 of the Criminal Law) (III) Provisions regarding the referral by the special equipment safety supervision authorities of cases suspected of constituting a crime in violation of the provisions of this law. 1. Subjects to referral: In the process of investigating illegal acts in accordance with this law, the special equipment safety supervision authorities, when they discover that the amount involved in the violations, the severity of those violations, and the consequences resulting from them warrant prosecution, shall refer the case to the public security organs if it is suspected that a crime has been committed and criminal liability must be pursued in accordance with the provisions of the criminal law regarding crimes that disrupt the socialist market economy order and crimes that disrupt social management order, as well as the judicial interpretations issued by the Supreme People’s Court and the Supreme People’s Procuratorate on such crimes. Additionally, the referral is necessary in line with the standards set by the Supreme People’s Procuratorate and the Ministry of Public Security for prosecuting economic crime cases. 2. Basic procedures for transfer: The special equipment safety supervision department, regarding criminal cases that should be transferred to the public security authorities, shall immediately assign two or more administrative law enforcement officers to form a task force dedicated to handling such cases. After verifying the situation, a written report on the transfer of the criminal case shall be prepared and submitted for approval by the head of the department or the person in charge of day-to-day operations. The person in charge of the special equipment safety supervision department, or the person who is in charge of day-to-day operations, shall make a decision on whether to approve the transfer or not within 3 days from the date of receiving the report. If approval is granted, it shall be transferred to the public security organ at the same level within 24 hours ； If approval is decided not to be granted, the reasons for the refusal shall be recorded. The public security organs shall, within 3 days from the date they receive a case suspected of being a crime transferred by the special equipment safety supervision department, examine such case in accordance with the Criminal Law, the Criminal Procedure Law, as well as the regulations issued by the Supreme People’s Court and the Supreme People’s Procuratorate regarding case-filing standards, and the provisions set forth by the Ministry of Public Security concerning the procedures for handling criminal cases by public security organs. If it is determined that a criminal offense has been committed and criminal liability must be pursued, and it is decided to initiate an investigation in accordance with the law, the special equipment safety supervision department to which the case shall be transferred shall be notified in writing ； If it is determined that no criminal offense has been committed, or that the criminal offense is so minor that criminal liability need not be pursued and no case should be filed in accordance with the law, the reasons must be explained, and the special equipment safety supervision department to which the case was referred shall be notified in writing, with the case files returned accordingly. Upon receiving a notice from the public security authorities stating that no case will be filed, the safety supervision department responsible for special equipment may, if it believes that it is the duty of the public security authorities to decide whether to file a case according to the law, apply for a review of that decision to the public security authorities within 3 days from the date of receipt of the notice, or it may recommend that the people’s procuratorate exercise supervision over the filing of the case in accordance with the law. The public security organ that decides not to initiate an investigation shall, within 3 days from the date it receives the document submitted by the special equipment safety supervision department requesting a review, make a decision on whether to initiate an investigation or not, and notify in writing the special equipment safety supervision department that referred the case. If the special equipment safety supervision department responsible for handling the case still has objections to the decision by the public security authorities not to initiate an investigation, it shall, within 3 days from the date of receiving the notice of the reconsideration decision, recommend that the people’s procuratorate exercise supervision over the initiation of an investigation in accordance with the law. Public security organs shall accept the supervision over case filing carried out by the people’s procuratorate in accordance with the law. 3. Materials to be attached when transferring a case: (1) Letter of transfer for a suspected criminal case ； (2) Investigation report on the circumstances of the suspected criminal case ； (3) List of items involved in the case ； (4) Relevant inspection reports or expert conclusions ； (5) Other materials related to suspected crimes. (IV) Violations of the provisions of this Law that constitute a crime shall give rise to criminal liability in accordance with the law. It should be noted that: 1. The special equipment safety supervision authorities shall not replace referral to the public security organs for cases suspected of being crimes with administrative penalties. 2. The administrative penalty decisions issued by the special equipment safety supervision authorities prior to transferring a case suspected of being a crime to the public security organs, such as warnings, orders to suspend operations, temporary suspension or revocation of licenses, and temporary suspension or revocation of permits, shall remain in effect. 3. In accordance with the provisions of the Administrative Penalty Law, where the special equipment safety supervision department has imposed a fine on the party involved prior to transferring the case suspected of being a crime to the public security authorities, such fine shall be deducted accordingly when the people’s court imposes a fine in accordance with the law.