Amendment IX to the Criminal Law of the People's Republic of China
Amendment IX to the Criminal Law of the People's Republic of China
Amendment IX to the Criminal Law of the People's Republic of China
Order of the President of the People's Republic of China No.30
August 29, 2015
The Amendment IX to the Criminal Law of the People's Republic of China, which was adopted at the 16th Session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on August 29, 2015, is hereby issued for implementation as of November 1, 2015.
Xi Jinping, President of the People's Republic of China
Amendment IX to the Criminal Law of the People's Republic of China
(Adopted at the 16th Session of the Standing Committee of the 12th National People's Congress on August 29, 2015)
I. An article is added after Article 37 of the Criminal Law of the People's Republic of China (hereinafter referred to as the "Criminal Law") as Article 37a which reads: "Whoever is sentenced to criminal punishment due to a crime committed by taking advantage of his profession or a crime committed in violation of the specific obligations required by his profession may be prohibited by a people's court, based on the circumstances of the crime and the need for prevention of further crime, from engaging in the relevant profession within a term of three to five years from the date when the criminal punishment ends or the date when he is released on parole.
"If a person who is prohibited from engaging in the relevant profession violates the decision of a people's court made in accordance with the preceding paragraph, the person shall be subject to punishment by the public security organ and, if the circumstances are serious, shall be convicted and punished in accordance with Article 313 hereof.
"If there are other prohibitive or restrictive provisions in any other law or administrative regulation on the person's engagement in the relevant profession, such provisions shall prevail."
II. Paragraph 1 of Article 50 of the Criminal Law is revised to read: "Where a criminal sentenced to death penalty with probation commits no intentional crime within the period of probation, his sentence shall be commuted to life imprisonment upon the expiration of the two-year probation. If the criminal has indeed rendered major meritorious service, his sentence shall be commuted to fixed-term imprisonment of 25 years upon the expiration of the two-year probation. If it is verified that the criminal has committed an intentional crime with flagrant circumstances, the death penalty shall be executed upon being reported to and verification and approval by the Supreme People's Court. If the crime is committed intentionally but the death penalty is not executed, the period of death penalty with probation shall be recalculated and the same shall be reported to the Supreme People's Court for record-filing."
III. Article 53 of the Criminal Law is revised to read: "A fine shall be paid in a lump sum or in installments within the time limit specified in the judgment. If a fine is not paid upon the expiration of that time limit, the payment shall be compelled. If a person is not able to pay the fine in full, a people's court shall demand the payment whenever it finds that the person has property for execution of the fine.
"If a person has true difficulties in paying due to an irresistible disaster or other reasons, the payment of the fine may be postponed, reduced as appropriate or remitted upon ruling by a people's court."
IV. A paragraph is added to Article 69 of the Criminal Law as Paragraph 2 thereof which reads: "If, among the crimes, there is any crime for which fixed-term imprisonment and criminal detention are imposed, the fixed-term imprisonment shall be applied. If, among the crimes, there is any crime for which fixed-term imprisonment and public surveillance are imposed or there is any crime for which criminal detention and public surveillance are imposed, public surveillance shall be applied after the fixed-term imprisonment or criminal detention ends."
The original Paragraph 2 becomes Paragraph 3.
V. Article 120 of the Criminal Law is revised to read: "Whoever forms or leads a terrorist organization shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently be sentenced to confiscation of property; whoever actively participates in a terrorist organization shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and concurrently be sentenced to a fine; other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights and may concurrently be sentenced to a fine.
"Whoever, in addition to any crime mentioned in the preceding paragraph, commits any of other crimes such as homicide, explosion or kidnap shall be punished in accordance with the provisions on combined punishment for several crimes."
VI. Article 120a of the Criminal Law is revised to read: "Whoever funds terrorist organizations or individuals involved in terrorist activities, or funds the trainings for terrorist activities shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights and concurrently be sentenced to a fine; if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than five years and concurrently be sentenced to a fine or confiscation of property.
"Whoever recruits or transports persons for any terrorist organization, or for the carrying out of or the trainings for terrorist activities shall be punished in accordance with the provisions in the preceding paragraph.
"Where an organization commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons directly in charge of the organization and other persons directly liable shall be punished in accordance with the provisions of Paragraph 1."
VII. Five articles are added after Article 120a of the Criminal Law as Article 120b, Article 120c, Article 120d, Article 120e and Article 120f which read respectively:
"Article 120b If a person falls under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights and concurrently be sentenced to a fine; if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than five years and concurrently be sentenced to a fine or confiscation of property:
"(1) preparing weapons, dangerous articles or other tools for the implementation of terrorist activities;
"(2) organizing trainings for terrorist activities or taking an active part in trainings for terrorist activities;
"(3) connecting with overseas terrorist organizations or persons for the implementation of terrorist activities; and
"(4) planning for or making other preparations for the implementation of terrorist activities.
"Whoever commits any of the acts mentioned in the preceding paragraph, which concurrently constitutes another crime, shall be convicted and punished in accordance with the provisions on heavier punishment.
"Article 120c Whoever produces or distributes books, audio or video materials or other materials that propagate terrorism or extremism, or propagates terrorism or extremism or instigates terrorist activities by way of teaching, releasing information and other ways shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights and concurrently be sentenced to a fine; if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than five years and concurrently be sentenced to a fine or confiscation of property.
"Article 120d Whoever, by making use of extremism, instigates or coerces the general public to disrupt the implementation of marriage, judicial, education, social management and other systems established by the law of the State, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently sentenced to a fine; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and concurrently sentenced to a fine; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years and concurrently sentenced to a fine or confiscation of property.
"Article 120e Whoever forces others to wear or adorn the dresses or symbols that propagate terrorism or extremism in public places by violence, coercion or otherwise shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently sentenced to a fine.
"Article 120f Whoever is clearly aware that the books, audio or video materials or other materials are intended for propagating terrorism or extremism but still illegally possesses the same with serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or separately sentenced to a fine."
VIII. Article 133a of the Criminal Law is revised to read: "Whoever drives a motor vehicle on the road, which falls under any of the following circumstances, shall be sentenced to criminal detention and concurrently sentenced to a fine:
"(1) chasing with other motor vehicles, which is of grave circumstances;
"(2)committing drunk-driving;
"(3) engaging in school bus services or passenger transportation with the carried passengers significantly exceeding the allowable number of passengers or driving at a speed seriously exceeding the prescribed speed per hour; and
"(4) endangering public security by transporting hazardous chemicals in violation of the administrative provisions on the safety of hazardous chemicals.
"A motor vehicle owner or administrator who is directly liable for any of the acts mentioned in Items 3 and 4 of the preceding paragraph shall be punished in accordance with the provisions in the preceding paragraph.
"Whoever commits any of the acts mentioned in the preceding two paragraphs, which concurrently constitutes another crime, shall be convicted and punished in accordance with the provisions on heavier punishment."
IX.
......