Amendment Act (II) to the Criminal Law of the People's Republic of China
Amendment Act (II) to the Criminal Law of the People's Republic of China
Amendment Act (II) to the Criminal Law of the People's Republic of China
Order of the President [2001] No. 56
August 31, 2001
The Amendment Act (II) to the Criminal Law of the People's Republic of China, which was adopted at the Twenty-third Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on August 31, 2001 is hereby promulgated and shall be implemented as of its promulgation date.
President of the People's Republic of China: Jiang Zemin
Appendix: Amendment Act (II) to the Criminal Law of the People's Republic of China
In order to punish the crime of land reclamation by the destruction of forests and the crime of recklessly occupying or arbitrarily using forested land as well as to earnestly protect forest resources, Article 342 of the Criminal Law shall be amended to read as follows:
"Whosoever, in violation of the regulations regarding land administration, unlawfully occupies cultivated land, forestland, or other land used for agriculture and changes the use of the occupied land, if the area involved is relatively large and a large area of such land has been damaged, shall be sentenced to fixed-term imprisonment of no more than five years or criminal detention and/or may also be fined."
This Amendment shall be implemented as of its promulgation date.
Attachment: Criminal Law of the People's Republic of China
Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979;
Amended at the Fifth Meeting of the Standing Committee of the Eighth National People's Congress of the People's Republic of China on March 14, 1997, promulgated by Order No.83 [1997] of the President of the People's Republic of China, and came into force as of October 1, 1997;
Amended in accordance with Amendment Act (I) to the Criminal Law of the People's Republic of China promulgated on December 25, 1999;
Amended in accordance with Amendment Act (II) to the Criminal Law of the People's Republic of China promulgated by Order No.56 [2001] of the president of the People's Republic of China on August 31, 2001;
Amended in accordance with Amendment Act (III) to the Criminal Law of the People's Republic of China promulgated by Order No.64 [2001] of the president of the People's Republic of China on December 29, 2001.
Contents
Part I General Provisions
Chapter I Aim, Basic Provisions and Scope of Application of the Criminal Law
Chapter II Crimes Section 1 Crimes and Criminal Responsibility
Section 2 Preparations for a Crime, Criminal attempt and Discontinuation of a Crime
Section 3 Joint Crimes
Section 4 Crimes Committed by a Unit
Chapter III Punishments
Section 1Types of Punishments
Section 2 Public Surveillance
Section 3 Criminal Detention
Section 4 Fixed-term Imprisonment and Life-long Imprisonment
Section 5 Death Penalty
Section 6 Fines
Section 7 Deprivation of Political Rights
Section 8 Confiscation of Property
Chapter IV Concrete Application of Punishments
Section 1 Sentencing
Section 2 Recidivists
Section 3 Voluntary Surrender and Meritorious Performances
Section 4 Combined Punishment for Several Crimes
Section 5 Suspension of Sentence
Section 6 Commutation of Punishment
Section 7 Parole
Section 8 Limitation
Chapter V Other Provisions
Part II Specific Provisions
Chapter I Crimes of Endangering National Security
Chapter II Crimes of Endangering Public Security
Chapter III Crimes of Disrupting the Order of the Socialist Market Economy
Section 1 Crimes of Producing and Marketing Fake or Substandard Commodities
Section 2 Crimes of Smuggling
Section 3 Crimes of Disrupting the Order of Administration of Companies and Enterprises
Section 4 Crimes of Disrupting the Order of Financial Administration
Section 5 Crimes of Financial Fraud
Section 6 Crimes of Jeopardizing Administration of Tax Collection
Section 7 Crimes of Infringing on Intellectual Property Rights
Section 8 Crimes of Disrupting Market Order
Chapter IV Crimes of Infringing upon the Rights of the Person and Democratic Rights of Citizens
Chapter V Crimes of Property Violation
Chapter VI Crimes of Obstructing the Administration of Public Order
Section 1 Crimes of Disturbing Public Order
Section 2 Crimes of Impairing Judicial Administration
Section 3 Crimes Impairing Control of National Border (Frontier)
Section 4 Crimes Impairing Control of Cultural Relics
Section 5 Crimes of Impairing Public Health
Section 6 Crimes of Impairing the Protection of Environment and Resources
Section 7 Crimes of Smuggling Trafficking, Transporting and Manufacturing Narcotic Drugs
Section 8 Crimes of Organizing, Forcing, Luring, Sheltering or Procuring Other Persons to Engage in Prostitution
Section 9 Crimes of Producing, Selling, Disseminating Pornographic Materials
Chapter VII Crimes of Impairing the Interests of National Defense
Chapter VIII Crimes of Embezzlement and Bribery
Chapter IX Crimes of Dereliction of Duty
Chapter X Crimes of Servicemen's Transgression of Duties
Chapter XI Supplementary Provisions
Part I General Provisions
Chapter I Aim, Basic Provisions and Scope of Application of the Criminal Law
Article 1 In order to punish crimes and protect the people, this Law is formulated on the basis of the Constitution and in the light of the concrete experiences and actual circumstances in China's fight against crimes.
Article 2 The aim of the Criminal Law of the People's Republic of China is to use criminal punishments to fight against all criminal acts in order to safeguard security of the State, to defend the State power of the people's democratic dictatorship and the socialist system, to protect property owned by the State, and property collectively owned by the working people and property privately owned by citizens, to protect citizens' rights of the person and their democratic and other rights, to maintain public and economic order, and to ensure the smooth progress of socialist construction.
Article 3 For acts that are explicitly defined as criminal acts in law, the offenders shall be convicted and punished in accordance with law; otherwise, they shall not be convicted or punished.
Article 4 The law shall be equally applied to anyone who commits a crime. No one shall have the privilege of transcending the law.
Article 5 The degree of punishment shall be commensurate with the crime committed and the criminal responsibility to be borne by the offender.
Article 6 This Law shall be applicable to anyone who commits a crime within the territory and territorial waters and space of the People's Republic of China, except as otherwise specifically stipulated by law.
This Law shall also be applicable to anyone who commits a crime on board a ship or aircraft of the People's Republic of China.
If a criminal act or its consequence takes place within the territory or territorial waters or space of the People's Republic of China, the crime shall be deemed to have been committed within the territory and territorial waters and space of the People's Republic of China.
Article 7 This Law shall be applicable to any citizen of the People's Republic of China who commits a crime prescribed in this Law outside the territory and territorial waters and space of the People's Republic of China; however, if the maximum punishment to be imposed is fixed-term imprisonment of not more than three years as stipulated in this Law, he may be exempted from the investigation for his criminal responsibility.
This Law shall be applicable to any State official or serviceman who commits a crime prescribed in this Law outside the territory and territorial waters and space of the People's Republic of China.
Article 8 This Law may be applicable to any foreigner who commits a crime outside the territory and territorial waters and space of the People's Republic of China against the State of the People's Republic of China or against any of its citizens, and for that crime this Law prescribes a minimum punishment of fixed-term imprisonment of not less than three years; however, this shall not be applicable to a crime that is not punishable in accordance with the laws of the place where it is committed.
Article 9 This Law shall be applicable to crimes which are stipulated in international treaties concluded or acceded to by the People's Republic of China and over which the People's Republic of China exercises criminal jurisdiction within the scope of obligations it agrees to perform.
Article 10 Any person who commits a crime outside the territory and territorial waters and space of the People's Republic of China, for which in accordance with this Law he should bear criminal responsibility, may still be investigated for his criminal responsibility in accordance with this Law, even if he has already been tried in a foreign country. However, if he has already received criminal punishment in the foreign country, he may be exempted from punishment or given a mitigated punishment.
Article 11 The criminal responsibility of foreigners who enjoy diplomatic privileges and immunities shall be solved through diplomatic channels.
Article 12 If an act committed after the founding of the People's Republic of China and before the entry into force of this Law was not deemed a crime under the laws at the time, those laws shall apply. If the act was deemed a crime under the laws in force at the time and is subject to prosecution under the provisions of Section 8 of Chapter IV of the General Provisions of this Law, criminal responsibility shall be investigated in accordance with those laws. However, if in accordance with this Law the act is not deemed a crime or is subject to a lighter punishment, this Law shall apply.
Before the entry into force of this Law, any judgment that has been made and has become effective in accordance with the laws at the time shall remain valid.
Chapter II Crimes
Section 1 Crimes and Criminal Responsibility
Article 13 A crime refers to an act that endangers the sovereignty, territorial integrity and security of the State, splits the State, subverts the State power of the people's democratic dictatorship and overthrows the socialist system, undermines public and economic order, violates State-owned property, property collectively owned by the working people, or property privately owned by citizens, infringes on the citizens' rights of the person, their democratic or other rights, and any other act that endangers society and is subject to punishment in accordance with law. However, if the circumstances are obviously minor and the harm done is not serious, the act shall not be considered a crime.
Article 14 An intentional crime refers to an act committed by a person who clearly knows that his act will entail harmful consequences to society but who wishes or allows such consequences to occur.
Criminal responsibility shall be borne for intentional crimes.
Article 15 A negligent crime refers to an act committed by a person who should have foreseen that his act would possibly entail harmful consequences to society but who fails to do so through his negligence or, having foreseen the consequences, readily believes that they can be avoided, so that the consequences do occur.
Criminal responsibility shall be borne for negligent crimes only when the law so provides.
Article 16 An act is not a crime if it objectively results in harmful consequences due to irresistible or unforeseeable causes rather than intention or negligence.
Article 17 If a person has reached the age of 16 and commits a crime, he shall bear the criminal responsibility.
If a person who has reached the age of 14 but not the age of 16 commits intentional homicide, intentionally hurts another person so as to cause serious injury or death of the person, or commits rape, robbery, drug- trafficking, arson, explosion or poisoning, he shall bear criminal responsibility.
If a person who has reached the age of 14 but not the age of 18 commits a crime, he shall be given a lighter or mitigated punishment.
If a person is not given criminal punishment because he has not reached the age of 16, the head of his family or his guardian shall be ordered to discipline him. When necessary, he may be taken in by the government for rehabilitation.
Article 18 If a mental patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility, but his family members or guardians shall be ordered to keep him under strict watch and control and arrange for his medical treatment. When necessary, the government may compel him to receive medical treatment.
Any person whose mental illness is of an intermittent nature shall bear criminal responsibility if he commits a crime when he is in a normal mental state.
If a mental patient who has not completely lost the ability of recognizing or controlling his own conduct commits a crime, he shall bear criminal responsibility; however, he may be given a lighter or mitigated punishment.
Any intoxicated person who commits a crime shall bear criminal responsibility.
Article 19 Any deaf-mute or blind person who commits a crime may be given a lighter or mitigated punishment or be exempted from punishment.
Article 20 An act that a person commits to stop an unlawful infringement in order to prevent the interests of the State and the public, or his own or other person's rights of the person, property or other rights from being infringed upon by the on-going infringement, thus harming the perpetrator, is justifiable defense, and he shall not bear criminal responsibility.
If a person's act of justifiable defense obviously exceeds the limits of necessity and causes serious damage, he shall bear criminal responsibility; however, he shall be given a mitigated punishment or be exempted from punishment.
If a person acts in defense against an on-going assault, murder, robbery, rape, kidnap or any other crime of violence that seriously endangers his personal safety, thus causing injury or death to the perpetrator of the unlawful act, it is not undue defense, and he shall not bear criminal responsibility.
Article 21 If a person is compelled to commit an act in an emergency to avert an immediate danger to the interests of the State or the public, or his own or another person's rights of the person, property or other rights, he shall not bear criminal responsibility.
If the act committed by a person in an emergency to avert danger exceeds the limits of necessity and causes undue damage, he shall bear criminal responsibility; however, he shall be given a mitigated punishment or be exempted from punishment.
The provisions of the first Clause of this Article with respect to averting danger to oneself shall not apply to a person who is charged with special responsibility in his post or profession.
Section 2 Preparations for a Crime, Criminal attempt and Discontinuation of a Crime
Article 22 Preparation for a crime refers to the preparation of the instruments or the creation of the conditions for a crime.
An offender who prepares for a crime may, in comparison with one who completes the crime, be given a lighter or mitigated punishment or be exempted from punishment.
Article 23 Criminal attempt refers to a case where an offender has already started to commit a crime but is prevented from completing it for reasons independent of his will.
An offender who attempts to commit a crime may, in comparison with one who completes the crime, be given a lighter or mitigated punishment.
Article 24 Discontinuation of a crime refers to a case where, in the course of committing a crime, the offender voluntarily discontinues the crime or voluntarily and effectively prevents the consequences of the crime from occurring.
An offender who discontinues a crime shall, if no damage is caused, be exempted from punishment or, if any damage is caused, be given a mitigated punishment.
Section 3 Joint Crimes
Article 25 A joint crime refers to an intentional crime committed by two or more persons jointly.
A negligent crime committed by two or more persons jointly shall not be punished as a joint crime; however, those who should bear criminal responsibility shall be individually punished in accordance with the crimes they have committed.
Article 26 A principal criminal refers to any person who organizes and leads a criminal group in carrying out criminal activities or plays a principal role in a joint crime.
A criminal group refers to a relatively stable criminal organization formed by three or more persons for the purpose of committing crimes jointly.
Any ringleader who organizes or leads a criminal group shall be punished on the basis of all the crimes that the criminal group has committed.
Any principal criminal not included in Clause 3 shall be punished on the basis of all the crimes that he participates in, organizes or directs.
Article 27 Accomplice refers to any person who plays a secondary or auxiliary role in a joint crime.
An accomplice shall be given a lighter or mitigated punishment or be exempted from punishment.
Article 28 Anyone who is coerced to participate in a crime shall be given a mitigated punishment or be exempted from punishment in the light of the circumstances of the crime he commits.
Article 29 Anyone who instigates another to commit a crime shall be punished in accordance with the role he plays in a joint crime. Anyone who instigates a person under the age of 18 to commit a crime shall be given a heavier punishment.
If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.
Section 4 Crimes Committed by a Unit
Article 30 Any company, enterprise, institution, State organ, or organization that commits an act that endangers society, which is prescribed by law as a crime committed by a unit, shall bear criminal responsibility.
Article 31 Where a unit commits a crime, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be given criminal punishment. Where it is otherwise provided for in the Specific Provisions of this Law or in other laws, those provisions shall prevail.
Chapter III Punishments
Section 1 Types of Punishments
Article 32 Punishments are divided into principal punishments and supplementary punishments.
Article 33 The principal punishments are as follows:
1. Public surveillance;
2. Criminal detention;
3. Fixed-term imprisonment;
4. Life-long imprisonment; and
5. Death penalty.
Article 34 The supplementary punishments are as follows:
1. Fine;
2. Deprivation of political rights; and
3. Confiscation of property.
Supplementary punishments may be imposed independently.
Article 35 Deportation may be imposed independently or supplementary to a foreigner who commits a crime.
Article 36 If a victim has suffered economic losses as a result of a crime, the criminal shall, in addition to receiving a criminal punishment in accordance with law, be sentenced to making compensation for the economic losses in the light of the circumstances.
If criminal who is liable for civil compensation is sentenced to a fine at the same time but his property is not sufficient to pay both the compensation and the fine, or if he is sentenced to confiscation of property at the same time, he shall, first of all, bear his liability for civil compensation to the victim.
Article 37 If the circumstances of a person's crime are minor and do not require criminal punishment, he may be exempted from it; however, he may, depending on the different circumstances of the case, be reprimanded or ordered to make a statement of repentance, offer an apology or pay compensation for the losses, or be subjected to administrative penalty or administrative sanctions by the competent department.
Section 2 Public Surveillance
Article 38 The term of public surveillance shall be not less than three months but not more than two years.
Where a criminal is sentenced to public surveillance, the sentence shall be executed by a public security organ.
Article 39 Any criminal who is sentenced to public surveillance shall observe the following during the term in which his sentence is being executed:
1. Observe laws and administrative rules and regulations, and submit to supervision;
2. Exercise no right of freedom of speech, of the press, of assembly, of association, of procession or of demonstration without the approval of the organ executing the public surveillance;
3. Report on his own activities as required by the organ executing the public surveillance;
4. Observe the regulations for receiving visitors stipulated by the organ executing the public surveillance; and
5. Report to obtain approval from the organ executing the public surveillance for any departure from the city or county he lives in or for any change in residence.
Criminals sentenced to public surveillance shall, while engaged in labor, receive equal pay for equal work.
Article 40 Upon the expiration of a term of public surveillance, the executing organ shall immediately announce the termination of public surveillance to the criminal sentenced to public surveillance and to his work unit or the people of the place where he resides.
Article 41 A term of public surveillance shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, one day in custody shall be considered two days of the term sentenced.
Section 3 Criminal Detention
Article 42 A term of detention shall be not less than one month but not more than 6 months.
Article 43 Where a criminal is sentenced to criminal detention the sentence shall be executed by the public security organ in the vicinity.
During the period of execution, a criminal sentenced to criminal detention may go home for one to two days each month; an appropriate remuneration may be given to those who participate in labor.
Article 44 A term of detention shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, one day in custody shall be considered one day of the term sentenced.
Section 4 Fixed-term Imprisonment and Life-long Imprisonment
Article 45 A term of fixed-term imprisonment shall be not less than six months but not more than 15 years, except as stipulated in Articles 50 and 69 of this Law.
Article 46 Any criminal who is sentenced to fixed-term imprisonment or life-long imprisonment shall serve his sentence in prison or another place for the execution. Anyone who is able to work shall do so to accept education and reform through labor.
Article 47 A term of fixed-term imprisonment shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, one day in custody shall be considered one day of the term sentenced.
Section 5 Death Penalty
Article 48 The death penalty shall only be applied to criminals who have committed extremely serious crimes. If the immediate execution of a criminal punishable by death is not deemed necessary, a two-year suspension of execution may be pronounced simultaneously with the imposition of the death sentence.
All death sentences, except for those that in accordance with law should be decided by the Supreme People's Court, shall be submitted to the Supreme People's Court for verification and approval. Death sentences with a suspension of execution may be decided or verified and approved by a Higher People's Court.
Article 49 The death penalty shall not be imposed on persons who have not reached the age of 18 at the time the crime is committed or on women who are pregnant at the time of trial.
Article 50 Anyone who is sentenced to death with a suspension of execution commits no intentional crime during the period of suspension, his punishment shall be commuted to life-long imprisonment upon the expiration of the two-year period; if he has truly performed major meritorious service, his punishment shall be commuted to fixed-term imprisonment of not less than 15 years but not more than 20 years upon the expiration of the two-year period; if it is verified that he has committed an intentional crime, the death penalty shall be executed upon verification and approval of the Supreme People's Court.
Article 51 The term of suspension of execution of a death penalty shall be counted from the date the judgment becomes final. The term of a fixed-term imprisonment that is commuted from a death penalty with suspension of execution shall be counted from the date the suspension of execution expires.
Section 6 Fines
Article 52 The amount of any fine imposed shall be determined in accordance with the circumstances of the crime.
Article 53 A fine may 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, the People's Court shall demand the payment whenever it finds the person has property for execution of the fine. If a person has true difficulties in paying because of an irresistible disaster, the fine may be reduced or remitted in accordance with the circumstances.
Section 7 Deprivation of Political Rights
Article 54 Deprivation of political rights refers to deprivation of the following rights:
1. Right to vote and to stand for election;
2. Rights of freedom of speech, of the press, of assembly, of association, of procession and of demonstration;
3. Right to hold a position in a State organ; and
4. Right to hold a leading position in any State-owned company, enterprise, institution or people's organization.
Article 55 A term of deprivation of political rights shall be not less than one year but not more than five years, except as stipulated in Article 57 of this Law.
Anyone who is sentenced to public surveillance is deprived of political rights as a supplementary punishment, the term of deprivation of political rights shall be the same as the term of public surveillance, and the punishments shall be executed simultaneously.
Article 56 Anyone who commits the crime of endangering national security shall be sentenced to deprivation of political rights as a supplementary punishment; anyone who commits the crime of seriously undermining public order by intentional homicide, rape, arson, explosion, poisoning or robbery may be sentenced to deprivation of political rights as a supplementary punishment.
Where deprivation of political rights is imposed exclusively, the Specific Provisions of this Law shall apply.
Article 57 Any criminal who is sentenced to death or to life-long imprisonment shall be deprived of his political rights for life-long.
When a death penalty with a suspension of execution is commuted to a fixed-term
imprisonment, or a life-long imprisonment is commuted to a fixed- term imprisonment, the term of the supplementary punishment of deprivation of political rights shall be changed to not less than three years but not more than 10 years.
Article 58 A term of deprivation of political rights as a supplementary punishment shall be counted from the date on which imprisonment or criminal detention ends or from the date on which parole begins.
Deprivation of political rights shall, as a matter of course, be in effect during the period in which the principal punishment is being executed. Any criminal who is deprived of his political rights shall, during the period of execution, observe laws, administrative rules and regulations and other regulations governing supervision and control stipulated by the department of public security under the State Council and submit to supervision; he shall not exercise any of the rights listed in Article 54 of this Law.
Section 8 Confiscation of Property
Article 59 Confiscation of property refers to the confiscation of part or all of the property personally owned by a criminal. Where confiscation of all the property of a criminal is imposed, the amount necessary for the daily expenses of the criminal himself and the family members supported by him shall be taken out.
When a sentence of confiscation of property is imposed, property that the criminal's family members own or should own shall not be subject to confiscation.
Article 60 Where it is necessary to use part of the confiscated property to repay the legitimate debts that the criminal incurred before his property is confiscated, the debts shall be repaid at the request of the creditors.
Chapter IV Concrete Application of Punishments
Section 1 Sentencing
Article 61 When sentencing a criminal, a punishment shall be meted out on the basis of the facts, nature and circumstances of the crime, the degree of harm done to society and the relevant provisions of this Law.
Article 62 In cases where the circumstances of a crime call for a heavier or lighter punishment under the provisions of this Law, the criminal shall be sentenced to a punishment within the limits of the prescribed punishment.
Article 63 In cases where the circumstances of a crime call for a mitigated punishment under the provisions of this Law, the criminal shall be sentenced to a punishment less than the prescribed punishment.
In cases where the circumstances of a crime do not warrant a mitigated punishment under the provisions of this Law, however, in the light of the special circumstances of the case, and upon verification and approval of the Supreme People's Court, the criminal may still be sentenced to a punishment less than the prescribed punishment.
Article 64 All money and property illegally obtained by a criminal shall be recovered, or compensation shall be ordered; the lawful property of the victim shall be returned without delay; and contrabands and possessions of the criminal that are used in the commission of the crime shall be confiscated. All the confiscated money and property and fines shall be turned over to the State treasury, and no one may misappropriate or privately dispose of them.
Section 2 Recidivists
Article 65 If a criminal commits another crime punishable by fixed-term imprisonment or heavier penalty within five years after serving his sentence of not less than fixed-term imprisonment or receiving a pardon, he is a recidivist and shall be given a heavier punishment. However, this shall not apply to cases of negligent crime.
For criminals who are paroled, the period stipulated in the preceding paragraph shall be counted from the date of the expiration of the parole ends.
Article 66 If a criminal of endangering national security commits the same crime again at any time after serving his sentence or receiving a pardon shall be dealt with as a recidivist.
Section 3 Voluntary Surrender and Meritorious Performances
Article 67 Voluntary surrender refers to the act of voluntarily delivering oneself up to justice and truthfully confessing one's crime after one has committed the crime. Any criminal who voluntarily surrenders may be given a lighter or mitigated punishment. The ones whose crimes are relatively minor may be exempted from punishment.
If a criminal suspect or a defendant under compulsory measures or a criminal serving a sentence truthfully confesses his other crimes that the judicial organ does not know, his act shall be regarded as voluntary surrender.
Article 68 Any criminal who performs such meritorious services as exposing an offence committed by another, which is verified through investigation, or producing important clues for solving other cases may be given a lighter or mitigated punishment. Any criminal who performs major meritorious services may be given a mitigated punishment or be exempted from punishment.
Any criminal who not only voluntarily surrenders after committing the crime but also performs major meritorious services shall be given a mitigated punishment or be exempted from punishment.
Section 4 Combined Punishment for Several Crimes
Article 69 For a criminal who commits several crimes before a judgment is pronounced, unless he is sentenced to death or life-long imprisonment, his term of punishment shall be not more than the total of the terms for all the crimes but not less than the longest of the terms for the crimes, depending on the circumstances of the crimes. However, the term of public surveillance may not exceed the maximum of three years, the term of criminal detention may not exceed the maximum of one year, and fixed- term imprisonment may not exceed the maximum of 20 years.
If among the crimes there is any for which a supplementary punishment is imposed, the supplementary punishment shall still be executed.
Article 70 If, after a judgment has been pronounced but before the punishment has been completely executed, it is discovered that before the judgment is pronounced the criminal committed another crime for which he is not sentenced, a judgment shall also be rendered for the newly discovered crime; the punishment to be executed shall be determined on the basis of the punishments imposed in the earlier and latest judgments and in accordance with the provisions of Article 69 of this Law. Any portion of the term that has already been served shall count towards fulfillment of the term imposed by the latest judgment.
Article 71 If, after a judgment has been pronounced but before the punishment has been completely executed, the criminal again commits a crime, another judgment shall be rendered for the newly committed crime; the punishment to be executed shall be determined on the basis of the punishment that remains to be executed for the earlier crime and the punishment imposed for the new crime and in accordance with the provisions of Article 69 of this Law.
Section 5 Suspension of Sentence
Article 72 A suspension of sentence may be granted to a criminal sentenced to criminal detention or to fixed-term imprisonment of not more than three years if, according to the circumstances of his crime and his demonstration of repentance, it is certain that suspension of the sentence will not result in further harm to society.
If a supplementary punishment is imposed on a criminal whose sentence is suspended, the supplementary punishment shall still be executed.
Article 73 The probation period for suspension of criminal detention shall be not less than the term originally decided but not more than one year; however, it may not be less than two months.
The probation period for suspension of fixed-term imprisonment shall be not less than the term originally decided but not more than five years; however, it may not be less than one year.
The probation period for suspension of sentence shall be counted from the date the judgment is made final.
Article 74 Suspension of sentence shall not be applied to recidivists.
Article 75 A criminal whose sentence is suspended shall observe the followings:
1. To observe laws and administrative rules and regulations, and submit to supervision;
2. To report on his own activities as required by the observing organ;
3. To observe the regulations for receiving visitors stipulated by the observing organ; and
4. To report to obtain approval from the observing organ for any departure from the city or county he lives in or for any change in residence.
Article 76 Any criminal whose sentence is suspended shall, during the probation period for suspension of sentence, be subjected to observation by a public security organ with the cooperation of the work unit to which he belongs or of a grass-roots organization, and in the absence of the circumstances prescribed in
Article 77 of this Law, the punishment originally decided shall cease to be executed upon the expiration of the probation period for suspension of sentence, which shall be made known publicly.If, during the probation period for suspension of sentence, a criminal whose sentence is suspended commits a crime again or it is discovered that before the judgment is pronounced, he has committed another crime for which he is not sentenced, the suspension shall be revoked and another judgment rendered for the newly committed or discovered crime; the punishment to be executed shall be decided on the basis of the punishments for the old crime and the new crime and in accordance with the provisions of Article 69 of this Law.
If, during the probation period for suspension of sentence, a criminal whose sentence is suspended violates laws, administrative rules and regulations or regulations relating to supervision and control over suspension of sentence stipulated by the department of public security under the State Council and if the circumstances are serious, the suspension shall be revoked and the original punishment shall be executed.
Section 6 Commutation of Punishment
Article 78 The punishment of a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life-long imprisonment may be commuted if, while serving his sentence, he conscientiously observes prison regulations, accepts education and reform through labor and shows true repentance or performs meritorious services; the punishment shall be commuted if a criminal performs any of the following major meritorious services:
1. Preventing another person from conducting major criminal activities;
2. Informing against major criminal activities conducted inside or outside prison and verified through investigation;
3. Having inventions or important technical innovations to his credit;
4. Coming to the rescue of another in everyday life-long and production at the risk of losing his own life;
5. Performing remarkable services in fighting against natural disasters or curbing major accidents; or
6. Making other major contributions to the country and society.
After commutation, the term of punishment actually to be served by those sentenced to public surveillance, criminal detention or fixed-term imprisonment may not be less than half of the term originally decided; for those sentenced to life-long imprisonment, it may not be less than 10 years.
Article 79 If punishment to a criminal is to be commuted, the executing organ shall submit to a People's Court at or above the intermediate level a written proposal for commutation of punishment. The People's Court shall form a collegiate panel for examination and, if the criminal is found to have shown true repentance or performed meritorious services, issue an order of commutation. However, no punishment shall be commuted without going through legal procedure.
Article 80 A term of fixed-term imprisonment that is commuted from life-long imprisonment shall be counted from the date the order of commutation is issued.
Section 7 Parole
Article 81 A criminal sentenced to fixed-term imprisonment who has served more than half of the term of the original sentence or a criminal sentenced to life-long imprisonment who has served not less than 10 years of the term may be granted parole if he conscientiously observes prison regulations, accepts education and reform through labor, shows true repentance and will no longer cause harm to society. If special circumstances exist, upon verification and approval of the Supreme People's Court, the above restrictions relating to the term served may be disregarded.
No parole shall be granted to recidivists or criminals who are sentenced to more than 10 years of imprisonment or life-long imprisonment for crimes of violence such as homicide, explosion, robbery, rape and kidnap.
Article 82 Parole shall be granted to a criminal through the procedure prescribed in Article 79 of this Law. No parole shall be granted without going through legal procedure.
Article 83 The probation period for parole in the case of fixed-term imprisonment shall be equal to the portion of the term that has not been completed; the probation period for parole in the case of life-long imprisonment shall be 10 years.
The probation period for parole shall be counted from the date the criminal is released on parole.
Article 84 Any criminal who is granted parole shall observe the following:
1. Observe laws and administrative rules and regulations, and submit to supervision;
2. Report on his activities as required by the supervising organ;
3. Observe the regulations for receiving visitors stipulated by the supervising organ; and
4. Report to obtain approval from the supervising organ for any departure from the city or county he lives in or for any change in residence.
Article 85 Any criminal who is granted parole shall be subject to supervision by a public security organ during the probation period for parole. If he is not found in any of the circumstances prescribed in Article 86 of this Law, the punishment originally decided shall be considered executed upon the expiration of the probation period for parole, which shall be made known publicly.
Article 86 If a criminal who is granted parole commits another crime during the probation period for parole, the parole shall be revoked, and he shall be given a combined punishment for several crimes as provided in Article 71 of this Law.
If a criminal who is granted parole is discovered to have committed, before the judgment is pronounced, other crimes for which no punishment is imposed, the parole shall be revoked and a combined punishment for several crimes shall be given in accordance with the provisions of Article 70 of this Law.
If a criminal who is granted parole, during the probation period for parole, violates laws, administrative rules and regulations or other regulations relating to supervision and control over parole stipulated by the department of public security under the State Council but the violation does not constitute a new crime, the parole shall be revoked in accordance with legal procedure and he shall be put back into prison to serve the remaining part of criminal punishment.
Section 8 Limitation
Article 87 Crimes shall not be prosecuted if the following periods have elapsed:
1. Five years, when the maximum punishment prescribed is fixed-term imprisonment of less than five years;
2. 10 years, when the maximum punishment prescribed is fixed-term imprisonment of not less than five years but less than 10 years;
3. 15 years, when the maximum punishment prescribed is fixed-term imprisonment of not less than 10 years; and
4. 20 years, when the maximum punishment prescribed is life-long imprisonment or death penalty. If after 20 years it is considered necessary to prosecute a crime, the matter shall be submitted to the Supreme People's Procuratorate for examination and approval.
Article 88 No limitation on the period for prosecution shall be imposed with respect to a criminal who escapes from investigation or trial after a People's Procuratorate, public security organ or national security organ files the case or a People's Court accepts the case.
No limitation on the period for prosecution shall be imposed with respect to a case which should have been but is not filed by a People's Court, People's Procuratorate or public security organ after the victim brings a charge within the period for prosecution.
Article 89 The limitation period for prosecution shall be counted from the date the crime is committed; if the criminal act is of a continual or continuous nature, it shall be counted from the date the criminal act is terminated.
If further crime is committed during a limitation period for prosecution, the limitation period for prosecution of the old crime shall be counted from the date the new crime is committed.
Chapter V Other Provisions
Article 90 Where the provisions of this Law cannot be completely applied in national autonomous areas, the people's congresses of the autonomous regions or the provinces concerned may formulate adaptive or supplementary provisions on the basis of the political, economic and cultural characteristics of the local ethnic groups and the basic provisions stipulated in this Law, and these provisions shall go into effect after they have been submitted to and approved by the Standing Committee of the National People's Congress.
Article 91 "Public property" as mentioned in this Law refers to the following;
1. Property owned by the State;
2. Property owned collectively by working people; and
3. Public donations or special funds used for elimination of poverty or for other public welfare undertakings.
Private property that is being managed, used or transported by State organization, State-owned companies and enterprises, or enterprises owned by collectives, or people's organizations shall be treated as public property.
Article 92 "Citizens' privately owned property" as mentioned in this Law refers to the following;
1. Citizens' lawful earnings, savings, houses and other means of subsistence;
2. Any means of production that is under private or family ownership in accordance with law;
3. Property lawfully owned by self-employed workers or private enterprises; and
4. Shares, stocks, bonds and other property that are under private ownership in accordance with law.
Article 93 "State functionaries" as mentioned in this Law refers to persons who perform public service in State organization.
Persons who perform public service in State-owned companies or, enterprises, institutions or people's organizations, persons who are assigned by State organization, State-owned companies, enterprises or institutions to companies, enterprises or institutions that are not owned by the State or people's organizations to perform public service and the other persons who perform public service in accordance with law shall all be regarded as State functionaries.
Article 94 "Judicial officers" as mentioned in this Law refers to persons who exercise the functions of investigation, prosecution, adjudication and supervision and control.
Article 95 "Serious injuries" as mentioned in this Law refers to any of the following:
1. Injuries resulting in a person's disability or disfigurement;
2. Injuries resulting in a person's loss of his hearing, sight or the function of any other organs; or
3. Other injuries that cause grave harm to a person's physical health.
Article 96 "Violation of State regulations" as mentioned in this Law refers to violation of the laws enacted or decisions made by the National People's Congress or its Standing Committee and the administrative rules and regulations formulated, the administrative measures adopted and the decisions or orders promulgated by the State Council.
Article 97 "Ringleader" as mentioned in this Law refers to any criminal who plays the role of organizing, plotting or directing in a crime committed by a criminal group or a crowd.
Article 98 "To be handled only upon complaint" as mentioned in this Law means that a case shall only be handled if the victim brings a complaint. However, if the victim is unable to bring a complaint because of coercion or intimidation, a People's Procuratorate or a close relative of the victim may bring a complaint.
Article 99 "Not less than", "not more than" and "within" as used in this Law all include the given figure.
Article 100 Anyone who has been subjected to criminal punishment shall, before being recruited in the army or employed, report to the unit concerned about the fact; he may not conceal it.
Article 101 The General Provisions of this Law shall be applicable to other laws with provisions for criminal punishments, unless otherwise specifically provided for in those laws.
Part II: Specific Provisions
Chapter I Crimes of Endangering National Security
Article 102 Whoever colludes with a foreign State to endanger the sovereignty, territorial integrity and security of the People's Republic of China shall be sentenced to life-long imprisonment or fixed-term imprisonment of not less than 10 years.
Whoever commits the crime prescribed in the preceding paragraph in collusion with any organ, organization or individual outside the territory of China shall be punished in accordance with the provisions in the preceding paragraph.
Article 103 Among those who organize, plot or carry out the scheme of splitting the State or undermining unity of the country, the ringleaders and the others who commit major crimes shall be sentenced to life-long imprisonment or fixed-term imprisonment of not less than 10 years; the ones who take an active part in it shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; and the other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Whoever incites others to split the State or undermine unity of the country shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; the ringleaders and the ones who commit major crimes shall be sentenced to fixed-term imprisonment of not less than five years.
Article 104 Among those who organize, plot or carry out armed rebellion or armed riot, the ringleaders and the others who commit major crimes shall be sentenced to life-long imprisonment or fixed-term imprisonment of not less than 10 years; the ones who take an active part in it shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; and the other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Whoever instigates, coerces, lures or bribes State functionaries or members of the armed forces, the people's police or the people's militia to commit armed rebellion or armed riot shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.
Article 105 Among those who organize, plot or carry out the scheme of subverting the State power or overthrowing the socialist system, the ringleaders and the others who commit major crimes shall be sentenced to life-long imprisonment or fixed-term imprisonment of not less than 10 years; the ones who take an active part in it shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; and the other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Whoever incites others by spreading rumors or slanders or any other means to subvert the State power or overthrow the socialist system shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; and the ringleaders and the others who commit major crimes shall be sentenced to fixed-term imprisonment of not less than five years.
Article 106 Whoever commits the crime as prescribed in Article 103, 104 or 105 of this Chapter in collusion with any organ, organization or individual outside the territory of China shall be given a heavier punishment in accordance with the provisions stipulated in these Articles respectively.
Article 107 Where an organ, organization or individual inside or outside of the territory of China provides funds to any organization or individual within the territory of China to commit the crime as prescribed in Article 102, 103, 104 or 105, the person who is directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
Article 108 Whoever defects to the enemy and turns traitor shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; if the circumstances are serious or if he leads members of the armed forces, the people's police or the people's militia to defect to the enemy and turn traitor, he shall be sentenced to fixed- term imprisonment of not less than 10 years or life-long imprisonment.
Article 109 Any State official who, while discharging his official duties at home or abroad, leaves his post without permission and defects to another country, which endangers the security of the People's Republic of China, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.
Any State official who has State secrets commits the crime as prescribed in the preceding paragraph shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.
Article 110 Whoever endangers national security by committing any of the following acts of espionage shall be sentenced to fixed-term imprisonment of not less than 10 years or life-long imprisonment; if the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years:
1. Joining an espionage organization or accepting a mission assigned by the organization or its agent; or
2. Directing the enemy to any bombing or shelling target.
Article 111 Whoever steals, spies into, buys or unlaw-fully supplies State secrets or intelligence for an organ, organization or individual outside the territory of China shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life-long imprisonment; if the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.
Article 112 Whoever aids the enemy during wartime by providing him with weapons and equipment or military materials shall be sentenced to fixed- term imprisonment of not less than 10 years or life-long imprisonment; if the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
Article 113 Whoever commits any of the crimes of endangering national security as mentioned above in this Chapter, with the exception of those provided for in Clause 2 of Article 103 and in Articles 105, 107 and 109, if the crime causes particularly grave harm to the State and the people or if the circumstances are especially serious, may be sentenced to death.
Whoever commits any of the crimes mentioned in this Chapter may concurrently be sentenced to confiscation of property.
Chapter II Crimes of Endangering Public Security
Article 114 Whoever commits arson, breaches dikes, causes explosions, spreads pathogen of infectious diseases, poisonous or radioactive substances or other substances, or uses other dangerous means to endanger public security, but causes no serious consequences, shall be sentenced to fixed-term imprisonment of no less than three years but no more than ten years.
Article 115 Whoever commits arson, breaches dikes, causes explosions, spreads pathogens of infectious diseases, poisonous or radioactive substances or other substances, or uses other dangerous means to have inflicted any serious injury or death on people or caused heavy losses of public or private property, shall be sentenced to fixed-term imprisonment of no less than ten years, life-long imprisonment or death.
Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 116 Whoever sabotages a train, motor vehicle, tram, ship or aircraft to such a dangerous extent as to overturn or destroy it, but with no serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
Article 117 Whoever sabotages a railroad, bridge, tunnel, highway, airport, waterway, lighthouse or sign or conducts any other sabotaging activities to such a dangerous extent as to overturn or destroy it, but with no serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
Article 118 Whoever sabotages any electric power or gas facility or any other inflammable or explosive equipment, thereby endangering public security, but causing no serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
Article 119 Whoever sabotages any means of transport, transportation facility, electric power facility, gas facility, or inflammable or explosive equipment, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than 10 years, life-long imprisonment or death.
Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 120 Whoever forms, leads or actively participates in a terrorist organization shall be sentenced to fixed-term imprisonment of no less than ten years or life-long imprisonment; the active participants shall be sentenced to fixed-term imprisonment of no less than three years but no more than ten years; other participants shall be sentenced to fixed-term imprisonment of no more than three years, criminal detention, public surveillance, or be deprived of political rights.
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