Amendment IV to the Criminal Law of the People's Republic of China
Amendment IV to the Criminal Law of the People's Republic of China
Amendment IV to the Criminal Law of the People's Republic of China
Order of the President [2002] No. 83
December 28, 2002
(Adopted at the 31st session of the Standing Committee of the Ninth National Congress of the People's Republic of China on December 28, 2002)
In order to punish those who disrupt the order of the socialist market economy and obstruct the administration of social order as well as those State functionaries who commit the crimes of dereliction of duty, and in order to safeguard the smooth progress of the socialist modernization construction and the personal safety of citizens, the Criminal Law is amended and supplemented as follows:
I. Article 145 of the Criminal Law is amended as: "Whoever produces medical apparatuses and instruments or medical hygiene materials that are not up to the national or industrial standards for safeguarding human health or sells such things while clearly knowing the fact, which is serious enough to endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined not less than half but not more than two times the amount of the sales revenue; if it causes serious harm to human health, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined not less than half but not more than two times the amount of the sales revenue; if the consequence is especially serious, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than half but not more than two times the amount of the sales revenue or be sentenced to confiscation of property."
II. A new item is added to Article 152 as Item 2: "Whoever transports overseas solid, liquid or gaseous waste into the territory of China by evading supervision and control of the Customs shall, if the circumstance is serious enough, be sentenced to fixed-term imprisonment of not more than five years and shall also, or shall only, be fined; if the circumstance is serious, he/she shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined."
The original Item 2 is revised as Item 3, which reads: "Where a unit commits any crime as mentioned in the preceding two paragraphs, it shall be fined, and the person in-charge and other persons who are held to be directly responsible shall be punished in accordance with the provisions in the preceding two paragraphs."
III. Article 155 of the Criminal Law is revised as: "Whoever commits any of the following acts shall be deemed as smuggling and shall be punished in accordance with the relevant provisions of this Section: 1. Directly and illegally purchasing from smugglers articles the import of which is forbidden by the State; or directly and illegally purchasing from smugglers other smuggled goods and articles in relatively large quantities; or 2. Transporting, purchasing or selling in inland seas, territorial waters, boundary rivers or boundary lakes articles which are forbidden by the State from import and export; or transporting, purchasing or selling, without legal certificates and in relatively large quantities, goods or articles which are restricted by the State from import and export."
IV. A new item is inserted after Article 244 of the Criminal Law as one item of Article 244: "Where an employer, in violation of the laws and regulations on labor administration, hires minors under the age of 16 to conduct extremely intensive physical labor, work at high altitudes or work under the well or work under an explosive, flammable, radioactive or poisonous environment, if the circumstance is serious, the persons who are held to be directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; if the circumstance is especially serious, the persons who are held to be directly responsible shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
"In case any employer that commits any act mentioned in the preceding paragraph, which causes an accident, and also constitutes any other crime, it shall be punished in accordance with the provisions on combined punishment for two and more crimes."
V. Item 3 of Article 339 of the Criminal Law is revised as: "Whoever, under the pretext of using as raw materials, imports solid, liquid or gaseous waste that cannot be used as raw materials shall be convicted and punished in accordance with the Item 2 and 3 of Article 152 of this Law."
VI. Article 344 of the Criminal Law is amended as: "Whoever, in violation of the provisions of the State, illegally fells or destroys precious trees or other plants under key protection of the State, or illegally purchases, transports, processes or sells precious trees or other plants under key protection of the State or the products processed therefrom, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; if the circumstance is serious, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined."
VII. Article 345 of the Criminal Law is amended as: "Whoever stealthily fells trees or other woods, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; if the amount involved is huge, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; if the amount involved is especially huge, he/she shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined."
"Whoever, in violation of the provisions of the Forestry Law, arbitrarily fells trees or other woods, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; if the amount involved is huge, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined."
"Whoever illegally purchases or transports trees or woods, which he knows are felled stealthily or arbitrarily, if the circumstance is serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; if the circumstance is especially serious, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined."
"Whoever stealthily or arbitrarily fells trees or woods in any nature reserve at the national level shall be imposed a heavier punishment."
VIII. Article 399 of the Criminal Law is amended as: "Any judicial officer who, by bending the law for selfish ends or twisting the law to serve his/her friends and relatives, subjects any person he/she knows to be innocent to investigation for criminal responsibility, intentionally protects any person he/she knows to be guilty from investigation for criminal responsibility, intentionally runs counter to the facts and law to render judgments that abuse the law in criminal proceedings shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstance is serious, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the circumstance is especially serious, he/she shall be sentenced to fixed-term imprisonment of not less than ten years."
"Whoever, in civil or administrative proceedings, intentionally runs counter to the facts and law to render judgments that abuse the law, if the circumstance is serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstance is especially serious, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years."
"Whoever, in the enforcement of any judgment or ruling, seriously neglects his/her duty or abuses his/her authority and fails to adopt judicial preservation measures or perform statutory enforcement duties, or illegally adopts judicial preservation measures or forcible execution measures, if any heavy loss thus occurs to the interests of the parties involved or others, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if any especially heavy loss thus occurs to the interests of the parties involved or others, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years."
"Any judicial officer, who takes any bribe and commits any act mentioned in the preceding three paragraphs, which simultaneously constitutes a crime as provided in Article 385 of this Law, shall be convicted and punished in accordance with the provisions for a heavier punishment."
IX. This Amendment shall come into force as of the date of promulgation.
Appendix: Criminal Law of the People's Republic of China (Revised Edition of 2002)
Adopted at the second meeting of the Fifth National Congress of the People's Republic of China on July 1, 1979;
Revised according to the fifth meeting of the Eighth National Congress of the People's Republic of China on March 14, 1997; promulgated by the Order of the President of the People's Republic of China [1997] No. 83; and implemented as of October 1, 1997;
Revised in accordance with the Amendment to the Criminal Law of the People's Republic of China (I) on December 25, 1999;
Revised in accordance with the Amendment to the Criminal Law of the People's Republic of China (II) (Order of the President [2001] No. 56) on August 31, 2001;
Revised in accordance with the Amendment to the Criminal Law of the People's Republic of China (III) (Order of the President [2001] No. 64) on December 29, 2001;
Revised in accordance with the Amendment to the Criminal Law of the People's Republic of China (IV) (Order of the President [2002] No. 83) on December 28, 2002.
Contents
Part I General Provisions
Chapter I Tasks, Basic Principles and Scope of Application of the Criminal Law
Chapter II Crimes
Section 1 Crime and Criminal Responsibility
Section 2 Preparation for a Crime, Criminal Attempt, and Discontinuation of a Crime
Section 3 Joint Crimes
Section 4 Unit Crimes
Chapter III Punishments
Section 1 Types of Punishments
Section 2 Public Surveillance
Section 3 Criminal Detention
Section 4 Fixed-Term Imprisonment and Life Imprisonment
Section 5 The 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 Service
Section 4 Combined Punishment for Several Crimes
Section 5 Suspension of Sentence
Section 6 Reduction of Sentence
Section 7 Parole
Section 8 Limitation
Chapter V Other Provisions
Part II Special Provisions
Chapter I Crimes of Endangering National Security
Chapter II Crimes of Endangering Public Security
Chapter III Crimes of Undermining the Order of Socialist Market Economy
Section 1 Crimes of Manufacturing and Selling Fake and Shoddy Goods
Section 2 Crimes of Smuggling
Section 3 Crimes of Disrupting the Management Order of Company and Enterprise
Section 4 Crimes of Undermining the Financial Management Order
Section 5 Crimes of Financial Fraud
Section 6 Crimes of Endangering Collection and Management of Taxes
Section 7 Crimes of Infringing Upon Intellectual Property Rights
Section 8 Crimes of Disrupting the Market Order
Chapter IV Crimes of Infringing Upon the Rights of the Person and the Democratic Rights of Citizens
Chapter V The Crime of Encroaching on Property
Chapter VI Crimes of Disrupting the Order of Social Administration
Section 1 Crimes of Disrupting Public Order
Section 2 Crimes of Disrupting Justice
Section 3 Crimes of Disrupting Administration of the Territory (Border)
Section 4 Crimes of Disrupting Administration of Cultural Relics
Section 5 Crimes of Endangering Public Health
Section 6 Crimes of Undermining Protection of Environmental Resources
Section 7 Crimes of Smuggling, Trafficking, Transporting and Manufacturing Drugs
Section 8 Crimes of Organizing, Forcing, Inducing, Housing, and Introducing Prostitutes
Section 9 Crimes of Manufacturing, Selling and Spreading Obscene Publications
Chapter VII Crimes of Endangering the Interests of National Defense
Chapter VIII Graft and Bribery
Chapter IX Crimes of Dereliction of Duty
Chapter X Crimes of Violation of Duty by Military Men
Supplementary Provisions
Part I General Provisions
Chapter I Tasks, Basic Principles and Scope of Application of the Criminal Law
Article 1 This Law is formulated, in accordance with the Constitution and in light of the concrete experience of China's struggle against crimes and the realities in the country in order to punish the crimes and protect the people.
Article 2 The tasks of the Criminal Law of the People's Republic of China are to use punishment struggle against all criminal acts to defend national security, the political power of the people's democratic dictatorship, and the socialist system; to protect State-owned property and property collectively owned by the laboring masses; to protect citizens' privately owned property; to protect citizens' right of the person, democratic rights, and other rights; to maintain social and economic order; and to safeguard the smooth progress of the cause of socialist construction.
Article 3 Any act defined explicitly by law as a crime shall convicted and imposed punishment by law, and any act not defined explicitly by law as s crime is not to be convicted or imposed punishment.
Article 4 Every one is equal in front of the law in committing crime. No one is allowed to have privileges to surpass the law.
Article 5 The severity of punishments must be commensurate with the crime committed by an offender and the criminal responsibility that he/she should bears.
Article 6 This Law shall be applicable to all who commit crimes within the territory of the People's Republic of China unless otherwise specially stipulated by law.
This Law also applies to all who commit crimes aboard a ship or aircraft of the People's Republic of China.
When either the act or consequence of a crime takes place within the territory of the People's Republic of China, a crime is deemed to have been committed within the territory of the People's Republic of China.
Article 7 This Law applies to Chinese citizens who commit the crimes specified in this Law outside the territory of the People's Republic of China; but those who commit the crimes, provided that this Law stipulates a minimum sentence of not more than a three-year fixed-term imprisonment for such crimes, may be exempted from prosecution.
This Law shall be applicable to PRC State functionaries and Military Men who commit the crimes specified in this Law outside the territory of the People's Republic of China.
Article 8 This Law may be applicable to foreigners, who, outside the territory of the People's Republic of China, commit crimes against the People's Republic of China or against its citizens, provided that this Law stipulates a minimum sentence of not less than a three-year fixed term of fixed-term imprisonment for such crimes; but an exception shall made if a crime is not punishable according the law of the place where it was committed.
Article 9 This Law is applicable to the crimes specified in international treaties to which the People's Republic of China is a signatory State or with which it is a member and the People's Republic of China exercises criminal jurisdiction over such crimes within its treaty obligations.
Article 10 Any person who commits a crime outside the territory of the People's Republic of China and, according to this Law, shall bear criminal responsibility may still be dealt with according to this Law even if he/she has been tried in a foreign country; however, a person who has already received criminal punishment in a foreign country may be exempted from punishment or given a mitigated punishment.
Article 11 The problem of criminal responsibility of foreigners who enjoy diplomatic privileges and immunity shall resolved through diplomatic channels.
Article 12 If an act committed after the founding of the People's Republic of China and before the implementation of this Law was not deemed as a crime under the laws at that time, the laws at that time shall be applicable. If the act was deemed a crime under the laws at that time, and if under the provisions of Chapter IV, Section 8 of the general provisions of this Law it should be prosecuted, criminal responsibility shall be investigated according to the laws at that time. However, if this Law does not deem it as a crime or imposes a lesser punishment, this Law shall be applicable.
The effective judgments that were made according to the laws at that time before the implementation of this Law will continue to be valid.
Chapter II Crimes
Section 1 Crime and Criminal Responsibility
Article 13 All acts that endanger the sovereignty, territorial integrity, and security of the State; split the State; subvert the political power of the people's democratic dictatorship and overthrow the socialist system; undermine social and economic order; violate property owned by the State or property collectively owned by the laboring masses; violate citizens' privately owned property; infringe upon citizens' rights of the person, democratic rights and other rights; and other acts that endanger society, are crimes if according to law they should be criminally punished. However, if the circumstances are obviously minor and the harm is not great, they shall not be deemed as crimes.
Article 14 A crime constituted as a result of clear knowledge that one's own act will cause socially dangerous consequences, and of hope for or indifference to the occurrence of those consequences, is an intentional crime.
Criminal responsibility shall be borne for intentional crimes.
Article 15 A negligent crime occurs when one should have foreseen that one's act may cause socially dangerous consequences but fails to do so because of carelessness or, having foreseen the consequences, readily assumes that he/she can prevent them, with the result that these consequences occur.
Criminal responsibility shall be borne for negligent crimes only when the law so stipulates.
Article 16 Although an act objectively creates harmful consequences, if it does not result from intent or negligence but rather stems from irresistible or unforeseeable causes, it is not a crime.
Article 17 A person who has reached the age of sixteen and who commits a crime shall bear criminal responsibility.
A person who has reached the age of fourteen but not the age of sixteen who commits the crimes of intentionally killing or intentionally injuring, even causing serious injury or death, and the crimes of rape, robbery, drug trafficking, arson, explosion, and poisoning shall bear criminal responsibility.
A person who has reached the age of fourteen but not the age of eighteen who commits a crime shall be given a lesser punishment or a mitigated punishment.
When a person is not criminally punished because he/she has not reached the age of sixteen, the head of his family or guardian shall be ordered to subject him/her to discipline. When necessary, he/she may also be given shelter and rehabilitation by the government.
Article 18 A mentally ill person who causes dangerous consequences when he/she is unable to recognize or unable to control his/her own conduct shall not bear criminal responsibility after being established through accreditation of legal procedures; but his/her family or guardian shall be ordered to subject him/her to strict surveillance and arrange for his/her medical treatment. When necessary, he/she will be given compulsory medical treatment by the government.
A person whose mental illness is of an intermittent nature shall bear criminal responsibility if he commits a crime during a period of mental normality.
A mentally ill person who commits a crime when he/she has not yet completely lost his ability to recognize or control his/her own conduct shall bear criminal responsibility but he/she may be given a lesser or a mitigated punishment.
An intoxicated person who commits a crime shall bear criminal responsibility.
Article 19 A deaf-mute or a blind person who commits a crime may be given a lesser punishment or a mitigated punishment or be exempted from punishment.
Article 20 Criminal responsibility is not to be borne for an act of legitimate defense that is conducted to stop present unlawful infringement of the State's and public interest or the rights of the person, property or other rights of the actor or of other people and that causes harm to the unlawful infringer.
Criminal responsibility shall be borne where legitimate defense noticeably exceeds the necessary limits and causes great harm. However, consideration shall be given to imposing a mitigated punishment or to granting exemption from punishment.
Criminal responsibility is not to be borne for a defensive act that is committed against ongoing physical assault, murder, robbery, rape, kidnap, and other violent crimes that seriously endanger personal safety and that cause injury or death to the unlawful infringer since such an act is not an excessive defense.
Article 21 Criminal responsibility is not to be borne for damage resulting from an act of urgent danger prevention that must be conducted in order to avert the occurrence of present danger to the State or public interest or the rights of the person, property rights, or other rights of the actor or of other people.
Criminal responsibility shall be borne where urgent danger prevention exceeds the necessary limits and causes undue harm. However, consideration shall be given in light of the circumstances to imposing a mitigated punishment or to granting exemption from punishment.
The provisions of Item 1 with respect to preventing danger to oneself shall not apply to a person who bears specific responsibility in his/her post or profession.
Section 2 Preparation for a Crime, Criminal Attempt, and Discontinuation of a Crime
Article 22 Preparation for a crime is preparation of the instruments or creation of the conditions for the commission of a crime.
One who prepares for a crime may, in comparison against one who consummates the crime, shall be given a lesser punishment or a mitigated punishment or be exempted from punishment.
Article 23 Criminal attempt occurs when a crime has already begun to be carried out but is not consummated because of factors independent from his/her will of the criminal element.
One who attempts to commit a crime may, in comparison against one who consummates the crime, shall be given a lesser punishment or a mitigated punishment.
Article 24 Discontinuation of a crime occurs when, during the process of committing a crime, the actor voluntarily discontinues the crime or voluntarily and effectively prevents the consequences of the crime from occurring.
One who discontinues a crime shall be exempted from punishment when there is no harm done or be given a mitigated punishment when there is harm done.
Section 3 Joint Crimes
Article 25 A joint crime is 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; those who should bear criminal responsibility shall be punished separately according to the crimes they have committed.
Article 26 A principal offender is one who organizes and leads a criminal group in conducting criminal activities or plays a principal role in a joint crime.
A crime syndicate is a more or less permanent crime organization composed of three or more persons for the purpose of jointly committing crimes.
The head who organizes or leads a crime syndicate shall bear criminal responsibility for all the crimes committed by the syndicate.
A principal offender other than the one stipulated in Item 3 shall bear criminal responsibility for all the crimes he/she participated in, organized, or directed.
Article 27 One who plays a secondary or supplementary role in a joint crime is an accomplice.
An accomplice shall, in comparison against a principal offender, be given a lesser punishment or a mitigated punishment or be exempted from punishment.
Article 28 One who is coerced to participate in a crime shall, according to the circumstances of his/her crime, be given a mitigated punishment or be exempted from punishment.
Article 29 One who instigates others to commit a crime shall be punished according to the role he/she plays in the joint crime. One who instigates a person under the age of eighteen to commit a crime shall be given a heavier punishment.
If the instigated person does not commit the instigated crime, the instigator may be given a lesser punishment or a mitigated punishment.
Section 4 Unit Crimes
Article 30 A company, enterprise, institution, organization or group which commits an act endangering society that is considered a crime under the law shall bear criminal responsibility.
Article 31 A unit responsible for a criminal act shall be fined. The person in charge and other personnel who are directly responsible shall also bear criminal responsibility. Where there are other provisions in the Special Provisions of this Law or other laws, such provisions shall apply.
Chapter III Punishments
Section 1 Types of Punishments
Article 32 Punishments are divided into principal punishments and supplementary punishments.
Article 33 The types of principal punishments are as follows:
1. Public surveillance;
2. Criminal detention;
3. Fixed-term imprisonment;
4. Life imprisonment; and
5. The death penalty.
Article 34 The types of supplementary punishments are as follows:
1. Fines;
2. Deprivation of political rights; and
3. Confiscation of property.
Supplementary punishments may also apply independently.
Article 35 Deportation may be applicable in an independent or supplementary manner to a foreigner who commits a crime.
Article 36 Where the victim has suffered economic loss as a result of a criminal act, the criminal element, in addition to receiving criminal sanctions according to law, shall, in light of the circumstances, be sentenced to compensation for the economic loss.
Where a criminal element bears responsibility for civil compensation and is also imposed a fine simultaneously, if his/her property is not enough to pay the compensation and fine in full or if he/she has also been sentenced to confiscation of property, he/she shall first pay civil compensation to the victim.
Article 37 Where the circumstances of a person's crime are minor and do not require sentencing to punishment, an exemption from criminal sanctions may be granted to him/her, but he/she may, according to the different circumstances of each case, be reprimanded or ordered to make a statement of repentance or formal apology or make compensation for losses, or be subjected to 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.
The sentence of public surveillance for a criminal element shall be executed by a public security organization.
Article 39 A criminal element who is sentenced to public surveillance must abide by the following provisions during the term of execution:
1. Observing laws and administrative regulations, and submitting to supervision;
2. He/she shall not exercise the rights to 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. Reporting on his/her own activities in accordance with the rules of the organ executing the public surveillance;
4. Abiding by the rules of the executing organ for meeting visitors; and
5. Reporting to and obtaining approval from the executing organ for a change in residence or departure from the city or county.
A criminal element who is sentenced to public surveillance shall, while engaged in labor, receive equal pay for equal work.
Article 40 Upon the expiration of the term of public surveillance, the organ executing the public surveillance shall announce the termination of public surveillance to the criminal element sentenced to public surveillance and his/her work unit or the masses concerned.
Article 41 The term of public surveillance shall commence on the date when the sentence begins to be executed; where custody has been employed before the sentence begins to be executed, the term of fixed-term imprisonment shall be shortened by two days for each day spent in custody.
Section 3 Criminal Detention
Article 42 The term of criminal detention shall be not less than a month but not more than six months.
Article 43 A criminal element sentenced to criminal detention shall have his/her sentence executed by the public security organization in the vicinity.
During the period of execution, a criminal element sentenced to criminal detention may go home for one or two days each month; consideration may be given to granting rewards to those who participate in labor in light of the circumstances.
Article 44 The term of criminal detention shall commence on the date when the sentence begins to be executed; where custody has been employed before the sentence, the term of fixed-term imprisonment shall be shortened by one day for each day spent in custody.
Section 4 Fixed-Term Imprisonment and Life Imprisonment
Article 45 Except as otherwise provided in Articles 50 and 69 of this Law, the term of fixed-term imprisonment shall be not less than six months but not more than fifteen years.
Article 46 A criminal element sentenced to fixed-term imprisonment or life imprisonment shall have his/her sentence executed of fixed-term imprisonment or in another organ executing the sentence; anyone with the ability to labor shall take part in labor, receive education and undergo reform.
Article 47 The term of fixed-term imprisonment shall commence on the date when the sentence begins to be executed; where custody has been employed before the sentence begins to be executed, the term of fixed-term imprisonment shall be shortened by one day for each day spent in custody.
Section 5 The Death Penalty
Article 48 The death penalty shall be only applied to criminal elements who commit the most heinous crimes. In the case of a criminal element who should be sentenced to death, if immediate execution is not compulsive, a two-year suspension of execution may be announced and simultaneously the sentence of death may be imposed.
Except for those sentenced by the Supreme People's Court according to law, all sentences of the death penalty shall be submitted to the Supreme People's Court for approval. Sentences to the death penalty with suspension of execution may be decided or approved by a higher people's court.
Article 49 The death penalty shall not apply to persons who have not reached the age of eighteen at the time the crime is committed or to women who are pregnant at the time of adjudication.
Article 50 If a person sentenced to death with a suspension of execution does not intentionally commit a crime during the period of suspension, he/she shall be given a reduction of sentence to life imprisonment upon the expiration of the two-year period; if he/she demonstrates meritorious service, he/she shall be given a reduction of sentence to not less than fifteen years but not more than twenty years of fixed-term imprisonment upon the expiration of the two-year period; if there is verified evidence that he/she has intentionally committed a crime, the death penalty shall be executed upon the approval of the Supreme People's Court.
Article 51 The term for suspending the execution of a sentence of death shall commence on the date when the sentence becomes final. The term of a sentence that is reduced from the death penalty with suspension of execution to fixed-term imprisonment shall commence on the date when the suspension of execution expires.
Section 6 Fines
Article 52 In imposing a fine, the amount of the fine shall be determined according to the circumstances of the crime.
Article 53 A fine shall be paid in a lump sum or in installments within the period specified in the judgment. Upon the expiration of the period, one who has not paid shall be compelled to pay. Where the person sentenced is unable to pay the fine in full, the people's court may collect it whenever he/she is found in possession of executable property. If a person truly has difficulties in paying because he/she has suffered irresistible calamity, consideration may be given to granting him/her a reduction or exemption in light of the circumstances.
Section 7 Deprivation of Political Rights
Article 54 Deprivation of political rights is deprivation of the following rights:
1. The right to elect and the right to be elected;
2. The right to freedom of speech, of the press, of assembly, of association, of procession and of demonstration;
3. The right to hold a post in State organs; and
4. The right to hold a leading post in a State-owned company, enterprise, or institution or people's organization.
Article 55 The term of deprivation of political rights shall be not less than one year but not more than five years, except as otherwise stipulated in Article 57 of this Law.
In situations where a person is sentenced to public surveillance and to deprivation 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 A criminal element endangering State security shall be sentenced to deprivation of political rights as a supplementary punishment; a criminal element guilty of murder, rape, arson, explosion, spreading poison or robbery who seriously undermines the social order may also be sentenced to deprivation of political rights as a supplementary punishment.
Where deprivation of political rights is applied independently, the Special Provisions of this Law shall be followed.
Article 57 A criminal element who is sentenced to death or to life imprisonment shall be deprived of political rights for life.
When the death penalty with a suspension of execution is reduced to fixed-term imprisonment, or life imprisonment is reduced to fixed-term imprisonment, the term of the supplementary punishment of deprivation of political rights shall be changed to more than three years and less than ten years.
Article 58 The term of the supplementary punishment of deprivation of political rights shall commence on the date when imprisonment or criminal detention ends or on the date when parole begins; the deprivation of political rights shall naturally be effective during the period in which the principal punishment is executed.
A criminal element who is deprived of political rights shall abide by laws, administrative regulations, and relevant regulations on supervision and administration promulgated by public security departments under the State Council; submit to supervision; and is forbidden from exercising rights stipulated in Article 54 of this Law.
Section 8 Confiscation of Property
Article 59 Confiscation of property is the confiscation of part or all of the property personally owned by a criminal element. Where all of the property personally owned by the criminal element is confiscated, living expenses shall be set aside for the criminal element himself/herself and the dependents he/she supports.
When a sentence of confiscation of property is imposed, property that belongs to or should belong to family members of the criminal element may not be confiscated.
Article 60 Where it is necessary to use the confiscated property to repay legitimate debts incurred by a criminal element before the property was confiscated, the debts shall be repaid at the request of the creditors.
Chapter IV Concrete Application of Punishments
Section 1 Sentencing
Article 61 When deciding the punishment for a criminal element, the sentence shall be imposed on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society, in accordance with the relevant provisions of this Law.
Article 62 Where the circumstances of a criminal element are such as to give him/her a heavier punishment or a lesser punishment under the provisions of this Law, he/she shall be sentenced to a punishment within the legally prescribed limits of punishment.
Article 63 Where the circumstances of a criminal element are such as to give him/her a mitigated punishment under this Law, he/she shall be sentenced to a punishment below the legally prescribed punishment.
Although the circumstances of a criminal element do not warrant giving him/her a mitigated punishment under this Law, he/she may be sentenced to a punishment below the legally prescribed punishment based on the special situation of the case and with the approval of the Supreme People's Court.
Article 64 All articles of property illegally obtained by a criminal element shall be recovered or he/she shall be ordered to make restitution or pay compensation for them. The legitimate property of the victims shall be promptly returned. Contraband and articles of the criminal's own property used for committing the crime shall be confiscated. Articles of confiscated property and fines shall be handed over to the State treasury and shall not be appropriated or otherwise disposed of.
Section 2 Recidivists
Article 65 A criminal element who has been sentenced to a punishment of fixed-term imprisonment or above and who, within five years after his/her punishment has been completely executed or he/she has received a pardon, commits another crime for which he/she should be sentenced to a punishment of fixed-term imprisonment or above is a recidivist, and shall be given a heavier punishment. However, negligent commission of a crime shall be excluded.
In situations where a criminal element is granted a parole, the term stipulated in the preceding paragraph shall commence on the date of expiration of the parole.
Article 66 Criminal elements endangering State security who, at any time after their punishment has been completely executed or they have received a pardon, commits another crime endangering State security shall all be treated as recidivists.
Section 3 Voluntary Surrender and Meritorious Service
Article 67 The act of voluntarily giving oneself up to the police and giving a true account of one's crime after committing it is an act of voluntary surrender. Criminal elements who voluntarily surrender may be given a lesser punishment or a mitigated punishment. Those among them whose crimes are relatively minor may be exempted from punishment.
Where criminal suspects, defendants, and criminals serving sentences give a true account of their other crimes which are not known to the judicial organ, their acts are regarded as voluntary surrender.
Article 68 Criminal elements who perform meritorious service by exposing other people's crimes that can be verified or who provide important clues leading to the cracking of other cases may be given a lesser punishment or a mitigated punishment. Those who performed major meritorious service may be given a mitigated punishment or may be exempted from punishment.
Those who surrender themselves voluntarily and perform major meritorious service after committing a crime shall be given a mitigated punishment or exempted from punishment.
Section 4 Combined Punishment for Several Crimes
Article 69 If a person commits more than one crimes before the sentence is pronounced, except where he/she is sentenced to death or life imprisonment, the term of sentence to be executed, in consideration of the circumstances, shall be less than the total term for all the crimes but more than the maximum term for any of the crimes; however, the term of public surveillance cannot exceed three years, the term of criminal detention cannot exceed one year, and the term of fixed-term imprisonment cannot exceed 20 years.
If among the crimes there is any crime for which a supplementary punishment shall be imposed, the supplementary punishment must still be executed.
Article 70 If after the sentence has been pronounced but before the punishment is completely executed, it is discovered that, before the sentence was pronounced, the sentenced criminal element committed another crime for which he/she has not been sentenced, another sentence shall be rendered for the newly-discovered crime, and the punishment to be executed for the punishments in the two, former and latter, sentences shall be decided according to the provisions of Article 69 of this Law. The term that has already been executed shall be included in the term decided by the new sentence.
Article 71 If after the sentence has been pronounced but before the punishment is completely executed, the sentenced criminal element again commits a crime, a sentence shall be rendered for the newly-committed crime, and the punishment to be executed for the punishment that has not been executed for the former crime and the punishment imposed for the latter crime shall be decided according to the provisions of Article 69 of this Law.
Section 5 Suspension of Sentence
Article 72 A suspension of sentence may be pronounced for a criminal element who has been sentenced to criminal detention or to fixed-term imprisonment for not more than three years, according to the circumstances of his/her crime and his/her demonstration of repentance, if applying the suspended sentence will not in fact result in further harm to society.
If a criminal element for whom a suspension of sentence has been pronounced has been sentenced to a supplementary punishment, the supplementary punishment must still be executed.
Article 73 The probation period for suspension of criminal detention shall be not shorter than the term originally sentenced and not longer than one year, but it may not be shorter than two months.
The probation period for suspension of fixed-term imprisonment shall be not shorter than the term originally sentenced and not longer than five years, but it may not be shorter than one year.
The probation period for suspension shall commence on the date when the sentence becomes final.
Article 74 Suspension of sentence shall not apply to recidivists.
Article 75 A criminal element for whom a suspension of sentence has been pronounced shall abide by the following provisions:
1. Observing laws and administrative regulations, and submitting to supervision;
2. Reporting his/her activities in accordance with the provisions of the observing organ;
3. Following the observing organ's provisions on meeting visitors; and
4. Reporting and applying to the observing organ for approval before leaving or moving from the city or county of residence.
Article 76 A criminal element for whom a suspension of sentence has been pronounced shall be observed by the public security organization during the probation period for suspension, with his/her unit or the basic level organization taking coordinated action. Upon the expiration of the probation period for suspension, it shall be publicly pronounced that the punishment originally sentenced shall not be executed, provided there are no circumstances as stipulated in Article 77 of this Law.
Article 77 If a criminal element for whom a suspension of sentence has been pronounced commits new crimes during the probation period for suspension or is discovered that, before the sentence was pronounced, the sentenced criminal element committed another crime for which he/she has not been sentenced, the suspension shall be revoked and the punishment to be executed for the punishments imposed for the former and latter crimes shall be decided according to the provisions of Article 69 of this Law.
If, during the probation period for suspension, a criminal element for whom a suspension of sentence has been pronounced violates relevant provisions governing the supervision and control of suspension of sentence provided for in the laws, administrative regulations or provisions of public security departments of the State Council, the suspension shall be revoked and the punishments originally imposed shall be executed.
Section 6 Reduction of Sentence
Article 78 A criminal element who is sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his/her sentence reduced if, during the period his/her punishment is being executed, he/she earnestly observes prison regulations, accepts reform through education, truly repents or performs meritorious service. The sentence shall be reduced if any of the following meritorious services are performed:
1. Preventing someone from engaging in major criminal activities;
2. Informing on major criminal activities in or outside the prison that can be verified;
3. Making inventions or major technological renovations;
4. Risking his/her life to save others in day-to-day production activities and life;
5. Performing outstanding service in combating natural disaster or preventing major accidents; or
6. Making other major contributions to the State or society.
For those sentenced to public surveillance, criminal detention or fixed-term imprisonment, the term of the punishment actually to be executed may not, after reductions of sentence, be less than half of the term originally sentenced; for those sentenced to life imprisonment, it may not be less than ten years.
Article 79 To receive reductions of sentence for criminal elements, the organ executing the sentence shall submit letters of sentence reduction proposal to the people's court at or above the intermediate level. The people's court shall form a collegial panel to examine the proposals and to issue sentence reduction orders for those who demonstrate true repentance and performed meritorious service. Sentence reduction shall not be conducted without statutory procedures.
Article 80 The term of fixed-term imprisonment that is reduced from life imprisonment shall commence on the date of the order reducing the sentence; no sentence reduction may be made without due legal process.
Section 7 Parole
Article 81 A criminal element sentenced to fixed-term imprisonment of which more than half has been executed, or a criminal element sentenced to life imprisonment of which ten years or more has actually been executed, may be granted parole if he/she earnestly observes prison regulations, undergoes reform through education, demonstrates true repentance, and will not cause further harm to society after being paroled. If special circumstances exist, with the approval of the Supreme People's Court, the above public surveillances relating to the term executed need not be imposed.
Criminal elements who are recidivists or who are sentenced to fixed-term imprisonment of not less than ten years or to life imprisonment for murder, bombing, robbery, rape, kidnap or other violent crimes shall not be granted parole.
Article 82 The granting of parole to criminal elements shall be carried out in accordance with the prescribed procedure in Article 79 of this Law. No parole may be granted without due legal process.
Article 83 The probation period for parole in the case of fixed-term imprisonment is the term that has not been completed; the probation period for parole in the case of life imprisonment is ten years.
The probation period for parole shall commence on the date of parole.
Article 84 Criminal elements granted parole shall observe the following provisions:
1. Observing laws and administrative regulations, and submitting to supervision;
2. Reporting his/her activities in accordance with the provisions of the supervising organ;
3. Observing the supervising organ's provisions on meeting visitors; and
4. Reporting and applying to the observing organ for approval before leaving or moving from the city or county of residence.
Article 85 During the probation period for parole, a criminal element who is granted parole shall be supervised by the public security organizations, and upon completion of the parole, if there are no circumstances as stipulated in Article 86 of this Law, the punishment to which he/she was originally sentenced shall be considered as having been completely executed, and a public pronouncement to the effect shall be made accordingly.
Article 86 If, during the probation period for parole, a criminal element commits any further crime, the parole shall be revoked, and the punishment shall be imposed for the former crime and the latter crime concurrently according to the provisions of Article 71 of this Law.
If, during the probation period for parole, a criminal element is found to have committed other crimes not convicted before the sentence pronouncement, the parole shall be revoked and the punishment shall be executed in a combined manner according to the provisions of Article 70 of this Law.
If, during the probation period for parole, a criminal element violates relevant provisions governing the supervision and control of suspension of sentence provided for in the law, administrative statutes or regulations of public security departments of the State Council, but the violation does not constitute a new crime, the parole shall be revoked in accordance with the legal procedures and the parolee shall be returned to prison to serve the unfinished imprisonment term.
Section 8 Limitation
Article 87 Crimes shall not be prosecuted where the following periods have elapsed:
1. In cases where the maximum legally-prescribed punishment is fixed-term imprisonment of less than five years, five years have elapsed;
2. In cases where the maximum legally-prescribed punishment is fixed-term imprisonment of not less than five years but not more than ten years, ten years have elapsed;
3. In cases where the maximum fixed-term imprisonment is not less than ten years, fifteen years have elapsed; and
4. In cases where the maximum legally-prescribed punishment is life-imprisonment or death, twenty years have elapsed. If it is considered that a crime must be prosecuted after twenty years, the matter must be submitted to the Supreme People's Procuratorate for approval.
Article 88 No limitation on the period for prosecution may be imposed in cases where, after the people's procuratorates, public security organizations, or State security organs have filed to investigate or after the people' s courts have decided to hear the cases, the criminal element escapes from investigation or adjudication.
No limitation on the period for prosecution shall be imposed in cases where, after the victims filed charges within the period for prosecution, the people's court, people's procuratorates, or public security organizations refuse to file for investigation as they should.
Article 89 The period for prosecution shall commence on the date of the crime; if the criminal act is of a continuous or continuing nature, it shall commence on the date when the criminal act is completed.
If any further crime is committed during the period for prosecution, the period for prosecution of the former crime shall commence on the date of the latter crime.
Chapter V Other Provisions
Article 90 Where the autonomous areas inhabited by ethnic groups cannot completely apply the provisions of this Law, the people's congresses of the autonomous regions or of the provinces may formulate alternative or supplementary provisions based upon the political, economic, and cultural characteristics of the local ethnic groups and the basic principles of the provisions of this Law, and such provisions shall come into force after they have been submitted to and approved by the National People's Congress Standing Committee.
Article 91 The term "public property" in this Law refers to the following property:
1. Property owned by the State;
2. Property owned collectively by the laboring masses; and
3. Public donations to be used for aiding the poor and other public services, or property of special funds.
Private property that is being managed, used or transported by State organs, State-owned corporations, enterprises, collective enterprises, and people's organizations shall be treated as public property.
Article 92 The term "citizens' private property" in this Law refers to the following property:
1. Citizens' lawful income, savings, houses and other means of livelihood;
2. Means of production that are under individual or family ownership according to law;
3. Lawful property of independent businesses and private enterprises; and
4. Shares, stocks, bonds and other properties that are under individual ownership according to law.
Article 93 The term "State functionary" in this Law refers to a person performing public service in State organs.
Personnel engaged in public service in State-owned corporations, enterprises, institutions and people's organizations; and personnel who State organs, State-owned corporations, enterprises, and institutions assign to engage in public service in non- State-owned corporations, enterprises, institutions and social organizations, as well as other working personnel engaged in public service according to the law shall be treated as State functionaries.
Article 94 The term "judicial personnel" in this Law refer to personnel engaged in the functions of investigating, prosecuting, adjudicating, supervising and controlling offenders.
Article 95 The term "serious injury" in this Law refers to any of the following injuries:
1. Injuries resulting in loss of the use of a person's limbs or disfigurement;
2. Injuries resulting in loss of the use of a person's hearing, sight, or functions of any other organ; or
3. Other injuries that cause grave harm to a person's physical health.
Article 96 The phrase "violating State provisions" in this Law refers to violation of laws and decisions formulated by the National People's Congress or the National People's Congress Standing Committee; and administrative measures prescribed in administrative ordinance and regulations formulated by the State Council; as well as decisions and decrees promulgated by the State Council.
Article 97 The term "ringleader" in this Law refers to a criminal element who plays the role of organizing, planning or directing a criminal group or a crowd assembled to commit a crime.
Article 98 The phrase "to be handled only upon complaint" in this Law refers to handling a case only when the victim files a complaint. If the victim is unable to file a complaint because of coercion or intimidation, a people's procuratorate and the victim's close relatives may also file the complaint.
Article 99 Such phrases as "not less than," "not more than" and "within" in this Law all include the given figure.
Article 100 When people join the military or seek employment, those who received criminal punishments according to law shall truthfully report to the relevant units the punishments they have received and may not conceal them.
Article 101 The General Provisions of this Law shall be applicable to other laws and decrees with provisions for criminal punishments, with the exception of other laws having special provisions.
Part II Special Provisions
Chapter I Crimes of Endangering National Security
Article 102 Whoever colludes with foreign States in plotting to harm the sovereignty, territorial integrity and security of the People's Republic of China shall be sentenced to life imprisonment or not less than ten years of fixed-term imprisonment.
Whoever commits the crimes in the preceding paragraph in collusion with institutions, organization, or individuals outside the country shall be punished according to the provisions in the preceding paragraph.
Article 103 Whoever organizes, plots, or acts to split the country or undermine national unification, the ringleader, or the one whose crime is grave, shall be sentenced to life imprisonment or not less than ten years of fixed-term imprisonment; other active participants shall be sentenced to not less than three but not more than ten years of fixed-term imprisonment; and other participants shall be sentenced to not more than three years of fixed-term imprisonment, criminal detention, public surveillance or deprivation of political rights.
Whoever instigates to split the country and undermine national unification shall be sentenced to not more than five years of fixed-term imprisonment, criminal detention, public surveillance or deprivation of political rights; ringleaders or those whose crimes are grave shall be sentenced to not less than five years of fixed-term imprisonment.
Article 104 Whoever organizes, plots, or carries out armed rebellion or armed riots, the ringleaders, or those whose crimes are grave, shall be sentenced to life imprisonment or not less than ten years of fixed-term imprisonment; the active participants shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and other participants shall be sentenced to not more than three years of fixed-term imprisonment, criminal detention, public surveillance or deprivation of political rights.
Whoever instigates, coerces, lures, and bribes State personnel, members of the armed forces, people's police or people's militia to carry out armed rebellion or armed riot shall be heavily punished according to the provisions in the preceding paragraph.
Article 105 Whoever organizes, plots, or acts to subvert the political power of the State and overthrow the socialist system, the ringleaders or those whose crimes are grave shall be sentenced to life imprisonment or not less than ten years of fixed-term imprisonment; active participants shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; other participants shall be sentenced to not more than three years of fixed-term imprisonment, criminal detention, public surveillance or deprivation of political rights.
Whoever instigates the subversion of the political power of the State and overthrows the socialist system by spreading rumors, slandering or other ways shall be sentenced to not more than five years of fixed-term imprisonment, criminal detention, public surveillance or deprivation of political rights; the ringleaders and those whose crimes are grave shall be sentenced to not less than five years of fixed-term imprisonment.
Article 106 Whoever colludes with institutions, organizations, or individuals outside the country and commits crimes stipulated in Articles 103, 104, and 105 of this chapter shall be heavily punished according to the provisions in such articles.
Article 107 When institutions, organizations or individuals inside or outside the country provide financial support for organizations or individuals in the country to commit the crimes stipulated in Articles 102, 103, 104, and 105, their direct persons in charge shall be sentenced to not more than five years of fixed-term imprisonment, criminal detention, public surveillance or deprivation of political rights; and if the case is serious, they shall be sentenced to not less than five years of fixed-term imprisonment.
Article 108 Whoever defects to the enemy and turns traitor shall be sentenced to not less than three years but not more than ten years of fixed-term imprisonment; when the circumstances are serious or when it is a case of leading a group of armed personnel, people's police, or militia to defect to the enemy and turn traitor, the sentence shall be not less than ten years of fixed-term imprisonment or life imprisonment.
Article 109 If a State organ functionary, during the period of performing his/her public functions, leaves his post without authorization and defects from the country; or if the defection takes place when he/she is already outside the country, thereby endangering the People's Republic of China's national security, he/she shall be sentenced to not more than five years of fixed-term imprisonment, criminal detention, public surveillance or deprivation of political rights; when the circumstances are serious, he/she shall be sentenced to not less than five years but not more than ten years of fixed-term imprisonment.
When a State functionary handling State secrets commits the crime in the preceding paragraph, he/she shall be heavily punished according to the provisions of the preceding paragraph.
Article 110 Whoever commits any of the following acts of espionage and endangers national security shall be sentenced to not less than ten years of fixed-term imprisonment or life imprisonment; when the circumstances are relatively minor, the sentence shall be not less than three years but not more than ten years of fixed-termed imprisonment:
1.
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