Amendments to the Criminal Law of the People's Republic of China

Amendments to the Criminal Law of the People's Republic of China

Order of the President [1999] No. 27

December 25, 1999

The Amendment Act to the Criminal Law of the People's Republic of China, which was adopted at the thirteen Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on December 25, 1999 is hereby promulgated and shall be implemented as of its promulgation date.

In order to punish the crime of disrupting the order of the socialist market economy and ensure smooth progress in the establishment of a modern socialist system, the criminal law is hereby amended as follows:

I. One article is inserted as an additional clause of Article 162: "Any person who conceals or deliberately destroys accounting records, account books or financial accounting statements that are required to be maintained by law shall, if the circumstances are serious, be sentenced to a fixed term of imprisonment of up to five years or criminal detention, and/or be fined between CNY20,000 and CNY200,000.
Any entity that commits the crime described in the preceding paragraph shall be fined and the person in charge directly responsible and any other person directly responsible for the offence shall be punished in accordance with the preceding paragraph."

II. Article 168 of the Criminal Law is amended as follows: "Any employee of a state-owned company or enterprise who is grossly negligent or misuses his authority, thereby causing the company or enterprise to go into bankruptcy or suffer serious losses, thus causing severe damage to the interests of the state, shall be sentenced to a fixed term of imprisonment of up to three years or criminal detention; where the damage to the interests of the state is extremely serious, he shall be sentenced to a fixed term of imprisonment of between three and seven years.
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