Amendment VI to the Criminal Law of the People's Republic of China
Amendment VI to the Criminal Law of the People's Republic of China
Amendment VI to the Criminal Law of the People's Republic of China
Order of the President of the People's Republic of China[2006] No. 51
June 29, 2006
The Amendments to the Criminal Law of the People's Republic of China (VI), which were deliberated at the 22nd meeting of the Standing Committee of the Tenth National People's Congress on June 29, 2006, are hereby promulgated and shall be implemented as of the date of promulgation.
President of the People's Republic of China Hu Jintao
Appendix: Amendment VI to the Criminal Law of the People's Republic of China
(Adopted at the 22nd meeting of the Standing Committee of the Tenth National People's Congress on June 29, 2006)
I. The provision of Article 134 of the Criminal Law is amended as: "Where anyone violates the provisions concerning the safety management in production or operations and thus causes any serious casualty or any other serious consequences, one shall be sentenced to fix-term imprisonment of not more than three years or detention. If the circumstances are extremely severe, one shall be sentenced to fix-term imprisonment of not less than 3 years but not more than 7 years."
"Where anyone forces any other person to conduct risky operations in violation against the relevant provisions so that any serious casualty or any other serious consequence is caused, one shall be sentenced to fix-term imprisonment of not more than five years or detention. If the circumstances are extremely severe, one shall be sentenced to fix-term imprisonment of five years or more."
II. The provision of Article 135 of the Criminal Law is amended as: "Where the facilities or safe work conditions fail to meet the relevant provisions of the state so that any serious casualty or any other serious consequence is caused, the director who is directly responsible and other directly liable persons shall be sentenced to fixed-term imprisonment of not more than three years or detention. If the circumstances are extremely severe, one shall be sentenced to fix-term imprisonment of not less than three years but not more than seven years."
III. A term is inserted after the Article 135 as the first term of Article 135: "Where any of the provisions concerning safety management is violated in the holding of large-scale activities of the masses so that any serious casualty or any other serious consequence is caused, the persons-in-charge who are held to be directly responsible and other directly liable persons shall be sentenced to fixed-term imprisonment of not more than three years or detention. If the circumstances are extremely severe, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years."
IV. A term is inserted after Article 139 as the first term of Article 139: "Where subsequent to the occurrence of any safety accident, the person who is obliged to report fails to report it or makes a false report so that the rescue of the accident is affected and if the circumstances are severe, one shall be sentenced to fixed-term imprisonment of not more than three years or detention. If the circumstances are extremely severe, one shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years."
V. The provision of the Article 161 of the Criminal Law is amended as: "Where any company or enterprise which is obliged to disclose information to its shareholders or the general public provides any false financial and accounting statements or conceals any important facts in such statements or fails to disclose any other important information that shall be disclosed according to law so that the interests of the shareholders or any other person are severely damaged, or where there are other severe circumstances, the persons-in-charge who are held to be directly responsible and other directly liable persons shall be sentenced to fix-term imprisonment of not more than three years or detention, and shall be jointly or individually fined CNY20,000 to CNY200,000."
VI.
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