Amendment V to the Criminal Law of the People's Republic of China
Amendment V to the Criminal Law of the People's Republic of China
Amendment V to the Criminal Law of the People's Republic of China
Order of the President [2005] No. 32
February 28, 2005
The Amendment V to the Criminal Law of the People's Republic of China, which was adopted at the 14th meeting of the Standing Committee of the 10th National People's Congress of the People's Republic of China on February 28, 2005, is promulgated hereby and comes into force as of the date of its promulgation.
President of the People's Republic of China, Hu Jintao
Attachment: Amendment V to the Criminal Law of the People's Republic of China
I. An article is added after Article 177 of the Criminal Law of the People's Republic of China as one paragraph of Article 177 to read: "Whoever commits one of the following acts which hamper the administration of credit cards shall be sentenced to fix-term imprisonment of not more than three years or criminal detention and shall in addition, or shall only, be fined not less than RMB 10,000 yuan but not more than 100,000 yuan; if the amount involved is huge or if there are other serious circumstances, he or she shall be sentenced to fix-term imprisonment of not less than three years but not more than 10 years and shall, in addition, be fined not less than 20,000 yuan but not more than 200,000 yuan:
(1) knowingly holding or transporting forged credit cards, or knowingly holding or transporting forged blank credit cards in relatively large quantities;
(2) illegally holding other persons' credit cards in relatively large quantities;
(3) obtaining credit cards by using false identity certification; and
(4) selling, buying, or providing other persons with, forged credit cards or credit cards obtained by using false identity certification.
Whoever steals, buys or illegally provides information and materials about other persons' credit cards shall be punished in accordance with the provisions of the preceding paragraph.
Any staff member of a bank or any other financial institution who, taking advantage of his position, commits the act mentioned in Subparagraph ( 2) shall be given a heavier punishment."
II.
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