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| Category | CRIMINAL LAW | Organ of Promulgation | The National People's Congress | Status of Effect | Amendment |
| Date of Promulgation | 1997-03-14 | Effective Date | 1997-10-01 |
|
Criminal Law of the People's Republic of China |
|---|
Part One General Provisions
Chapter I The Tasks, Basic Principles and Scope of Application of the
Criminal Law
Chapter II Crimes
Section 1 Crimes and Criminal Responsibility
Section 2 Preparation 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 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 The Concrete Application of Punishments
Section 1 Sentencing
Section 2 Recidivists
Section 3 Voluntary Surrender and Rendering Meritorious Service
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 Two Specific Provisions
Chapter I Crimes of Endangering the State Security
Chapter II Crimes of Endangering Public Security
Chapter III Crimes of Undermining the Socialist Market Economic Order
Section 1 Crimes of Production and Sale of Fake or Substandard
Commodities
Section 2 Crimes of Smuggling
Section 3 Crimes of Impairing Order of Administering upon Companies
and Enterprises
Section 4 Crimes of Undermining Order of Administering upon Banking
Section 5 Crimes of Financial Fraud
Section 6 Crimes of Endangering Taxes Collection and Administration
? Section 7 Crimes of Infringing upon Intellectual Property Rights
Section 8 Crimes of Disturbing Market Order
Chapter IV Crimes of Infringing upon the Rights of the Person and the
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 Activities
Section 3 Crimes of Impairing Regulations of National Boundary
(Borderline)
Section 4 Crimes of Impairing Regulations of Cultural Relics
Section 5 Crimes of Endangering Public Health
Section 6 Crimes of Undermining Protection of Environmental Resource
Section 7 Crimes of Smuggling, Trafficking in, Transporting and
Manufacturing Narcotic Drugs
Section 8 Crimes of Organizing, Forcing, Luring, Sheltering and
Introducing Women into Prostitution
Section 9 Crimes of Manufacturing, Trafficking in and Disseminating
Pornographic Articles
Chapter VII Crimes of Endangering Interests of National Defence
Chapter VIII Crimes of Embezzlement and Bribery
Chapter IX Crimes of Dereliction of Duty
Chapter X Crimes Contrary to Duties Committed by Servicemen
Supplementary Provisions
Part One General Provisions Article 1 This Law is formulated with a view to punishing crimes and Article 2 The tasks of the Criminal Law of the People's Republic Article 3 Where an act is expressly defined in laws as a criminal act, it Article 4 Anyone who commit a crime shall be equal in applying the law. Article 5 The lightness or heaviness of the punishments shall be in Article 6 This Law is applicable to anyone who commits a crime This Law is also applicable to anyone who commits a crime on board If the criminal act or its consequence takes place within the territory Article 7 This Law is applicable to the citizens of the People's This Law is applicable to state functionaries and servicemen of the Article 8 This Law may be applicable to any foreigner who commits Article 9 This Law is applicable to the crimes prescribed in the Article 10 If any person commits a crime outside the territory of the Article 11 The criminal responsibility of foreigners who enjoy Article 12 If an act committed after the founding of the People's The effective judgments made in accordance with the laws in force at that Section 1 Crimes and Criminal Responsibility Article 13 A crime refers to an act that endangers the sovereignty Article 14 An intentional crime refers to a crime committed by a Criminal responsibility shall be borne for intentional crimes. Article 15 A negligent crime refers to a crime committed by a Criminal responsibility shall be borne for negligent crimes only when Article 16 If an act in fact results in harmful consequences due to Article 17 Any person who has reached the age of 16 and who Any person who has reached the age of 14 but not the age of 16 and Any person who has reached the age of 14 but not the age of 18 and If a person is not punished because he has not reached the age of 16, Article 18 If a mental patient causes dangerous consequences at a Any person whose mental illness is of an intermittent nature shall Any mental patient who does not lose completely the ability to recognize Any intoxicated person who commits a crime shall bear criminal Article 19 Any deaf-mute or blind person who commits a crime Article 20 Where a person conducts an act to stop an unlawful Criminal responsibility shall be borne if justifiable defence apparently Where a defence is conducted to an immediate violent crime of committing Article 21 Criminal responsibility shall not be borne for an act that Criminal responsibility shall be borne if an act committed in an The provisions of the first paragraph of this Article with respect to Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation Article 22 Preparation for a crime refers to the preparation of the An offender who prepares for a crime may, in comparison with one Article 23 A criminal attempt refers to a case where an offender An offender who attempts to commit a crime may, in comparison Article 24 Discontinuation of a crime refers to cases where, in the Where an offender who discontinues a crime and causes no harm, exempted Section 3 Joint Crimes Article 25 A joint crime refers to an intentional crime committed A negligent crime committed by two or more persons jointly shall not Article 26 A principal criminal refers to any person who organizes A criminal group refers to any relatively stable criminal organization A ringleader who organizes and leads a criminal group shall be A principal criminal unless otherwise stipulated in the third paragraph Article 27 An accomplice refers to any person who plays a secondary An accomplice shall be given a lighter or mitigated punishment or be Article 28 A person who is compelled to participate in Article 29 A person who instigates others to commit a crime shall If the instigated person has not committed the instigated crime, the Section 4 Crimes Committed by a Unit Article 30 A company, enterprise, institution, organ, or public Article 31 A unit which commits a crime shall be punished with a fine, Section 1 Types of Punishments Article 32 Punishments are divided into principal punishments and Article 33 The 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 supplementary punishments are as follows: (1) fines; (2) deprivation of political rights; and (3) confiscation of property. Supplementary punishments may be imposed independently. Article 35 Deportation may be imposed independently or supplementarily Article 36 If a victim has suffered economic losses as a result of a If a criminal who bears civil responsibility and is punished with a fine Article 37 If the circumstances of a person's crime are minor and Section 2 Public Surveillance(*1) Article 38 The term of public surveillance shall not be less than Where a criminal is sentenced to public surveillance, his sentence shall Article 39 A criminal who is sentenced to public surveillance must (1) observe laws and administrative regulations, submit to supervision; (2) forbidden to exercise the rights of freedom of speech, of the press, (3) report on his own activities according to the demand of the organ (4) observe the stipulation on meeting with guests by the organ executing (5) report and obtain approval from the organ executing public Criminals sentenced to public surveillance shall, while engaged in Article 40 Upon the expiration of a term of public surveillance, the Article 41 A term of public surveillance shall be counted from the Section 3 Criminal Detention Article 42 A term of criminal detention shall not be less than 1 Article 43 Where a criminal is sentenced to criminal detention, his During the period of execution, a criminal sentenced to criminal Article 44 A term of criminal detention shall be counted from the Section 4 Fixed-Term Imprisonment and Life Imprisonment Article 45 A term of fixed-term imprisonment, unless otherwise stipulated Article 46 A criminal sentenced to fixed-term imprisonment or life Article 47 A term of fixed-term imprisonment shall be counted Section 5 The Death Penalty Article 48 The death penalty shall only be applied to criminals who All death sentences except for those that according to law should be Article 49 The death penalty shall not be imposed on persons who Article 50 If a person sentenced to death with a suspension of execution Article 51 The term of suspension of execution of a death penalty Section 6 Fines Article 52 The amount of any fine imposed shall be determined Article 53 A fine may be paid in a lump sum or in installments Section 7 Deprivation of Political Rights Article 54 Deprivation of political rights refers to deprivation of the (1) the right to vote and to stand for election; (2) the rights of freedom of speech, of the press, of assembly, of (3) the right to hold a position in a state organ; and (4) the right to hold a leading position in any state-owned company or Article 55 A term of deprivation of political rights shall not be less If a person sentenced to public surveillance is deprived of political Article 56 Criminals who commit crimes of endangering the state If deprivation of political rights is imposed independently, stipulation Article 57 Criminals who are sentenced to death or to life imprisonment If a death penalty with a suspension of execution is commuted to a Article 58 A term of deprivation of political rights as a supplementary Criminals who are sentenced to deprivation of political rights shall Section 8 Confiscation of Property Article 59 Confiscation of property refers to the confiscation of part When a sentence of confiscation of property is imposed, property that Article 60 If it is necessary to use a confiscated property to repay Section 1 Sentencing Article 61 When sentencing a criminal, a punishment shall be imposed Article 62 In cases where the circumstances of a crime call for a Article 63 In cases where the circumstances of a crime call for a Even if the circumstances of a crime do not warrant a mitigated Article 64 All property illegally obtained by a criminal shall be Section 2 Recidivists Article 65 If a criminal commits another crime punishable by fixed-term For criminals who are paroled, the period stipulated in the preceding Article 66 A criminal who has committed a crime of endangering the Section 3 Voluntary Surrender and Rendering Meritorious Service Article 67 Voluntary Surrender refers to the case that anyone who If a suspected criminal or defendant under compulsory measure or criminal Article 68 A criminal who is verified that he discloses another person's Those who not only conducts voluntary surrender but also renders great Section 4 Combined Punishment for Several Crimes Article 69 For a criminal who commits several crimes before a If among the crimes there are any for which a supplementary punishment Article 70 If after a judgment has been pronounced but before the Article 71 If after a judgment has been pronounced but before the Section 5 Suspension of Sentence Article 72 A suspension of sentence may be granted to a criminal If a supplementary punishment has been imposed on a criminal Article 73 The probation period for suspension of criminal detention The probation period for suspension of fixed-term imprisonment shall The probation period for suspension of sentence shall be counted Article 74 Suspension of sentence shall not be applied to recidivists. Article 75 A criminal whose sentence has been suspended shall observe (1) observe laws and administrative regulations, submit to supervision; (2) report his own activities according to observing organs' stipulations; (3) observe observing organs' stipulations on meeting with guests; and (4) report and obtain approval from observing organs for any departure Article 76 A criminal whose sentence has been suspended shall, during Article 77 During the probation period for suspension, if a criminal A criminal whose sentence has been suspended shall, if he violates a law Section 6 Commutation of Punishment Article 78 A criminal sentenced to public surveillance, criminal (1) prevent other persons from committing serious crimes; (2) bring accusations with respect to the serious crimes within or outside (3) conduct invention, creation or great technical innovation; (4) risk life to save others in routine production and life; (5) make outstanding performance in resisting natural disaster or in (6) provide other great contributions to the state and society. After commutation, the term of punishment actually to be served by those Article 79 Commutation of punishment of a criminal shall be put forward Article 80 A term of fixed-term imprisonment that is commuted Section 7 Parole Article 81 Criminals sentenced to fixed-term imprisonment who Recidivists and criminals sentenced to fixed-term imprisonment of more Article 82 Parole of a criminal shall be decided according to the Article 83 The probation period for parole in the case of a fixed-term The probation period for parole shall be counted from the date the Article 84 A criminal who is granted parole shall observe following (1) observe laws and administrative regulations, submit to supervision; (2) report his own activities according to the stipulations of the (3) observe the stipulations of meeting with guests promulgated by the (4) report and obtain approval from the supervising organs for any Article 85 A criminal who is granted parole shall be subject to Article 86 If a criminal who is granted parole does commit further crime During the probation period for parole, if a criminal who is granted A criminal who is granted parole shall, if he violates a law or an Section 8 Limitation Article 87 Crimes shall not be prosecuted if the following periods (1) five years, when the maximum prescribed punishment is fixed-term (2) ten years, when the maximum prescribed punishment is fixed-term (3) fifteen years, when the maximum prescribed punishment is fixed-term (4) twenty years, when the maximum prescribed punishment is life Article 88 No limitation on the period for prosecution shall be No limitation on the period for prosecution shall be imposed if a victim Article 89 The limitation period for prosecution shall be counted If further crime is committed during a limitation period for prosecution, Article 90 Where the provisions of this Law cannot be completely Article 91 "Public property" as mentioned in this Law refers to the (1) property owned by the state; (2) property owned collectively by working people; and (3) property by social donation and property as specific-purpose fund all Article 92 "Citizens' privately owned property" as mentioned in this Law (1) citizens' lawfully earned income, savings, houses and other means (2) any means of production that are under individual or family ownership (3) legal property owned by individual household and private enterprises; (4) shares, stocks, bonds and other property owned by individuals Article 93 "State functionaries" as mentioned in this Law refers to Personnel of state-owned companies or enterprises or institutions and Article 94 "Judicial functionaries" as mentioned in this Law refers to Article 95 "Serious injuries" as mentioned in this Law refers to any (1) injuries resulting in loss of a person's use of a limb or in (2) injuries resulting in loss of a person's hearing, sight or the (3) other injuries that cause grave harm to a person's physical health. Article 96 "To violate the state stipulations" as mentioned in this Article 97 "Ringleader" as mentioned in this Law refers to any criminal Article 98 "To be handled only upon complaint" as mentioned in this Article 99 "Not less than", "not more than" and "within" as mentioned Article 100 Any person who was given a criminal punishment shall, when Article 101 The General Provisions of this Law are applicable to other Part Two Specific Provisions Article 102 Whoever colludes with a foreign state in jeopardizing Whoever colludes with an agency or organization or individual outside Article 103 Ringleaders who organize, scheme for or carry out Whoever incites dismembering the state and undermining the unification of Article 104 Ringleaders who organize, scheme for or carry out armed Whoever instigates, forces, lures, or bribes a state functionary or a Article 105 Ringleaders who organize, scheme for or carry out subverting Whoever incites subverting the state's political power and overthrowing Article 106 Whoever colludes with an agency or organization or individual Article 107 Person(s) who directly bear the responsibility of an agency Article 108 Whoever defects to the enemy and turns traitor shall be Article 109 A state functionary who, during the time when he is on duty, A state functionary who holds state secrets and commits the crime Article 110 Whoever conducts any of the following acts of espionage (1) joining a espionage organization or accepting tasks from a espionage (2) directing the enemy to any bombing or shelling target. Article 111 Whoever steals, spies on, buys or illegally provides state Article 112 Whoever supplies arms, equipment or military materials to aid Article 113 If any crime of endangering the state security mentioned
Chapter I The Tasks, Basic Principles and Scope of Application of the
Criminal Law
protecting the people, and in accordance with the Constitution, and in
the light of the concrete experiences in fighting against crimes
and the actual circumstances.
of China are to use criminal punishments to fight against all criminal acts
in order to defend the security of the State; to defend the political
power of the people's dictatorship and socialist system; to protect
property owned by the State and the property collectively owned by the
working people; to protect the citizens' privately owned property;
to protect the citizens' rights of the person and their democratic and
other rights; to maintain public order and economical order, and to safeguard
the smooth progress of the cause of the socialist revolution and socialist
construction.
shall be determined and punished as a criminal act in accordance with the law;
where an act is not expressly defined in the laws as a criminal act, it shall
not be determined and punished as a criminal act.
No one is privileged to be beyond the law.
accordance with the criminal acts and the criminal responsibility of
the criminals.
within the territory of the People's Republic of China, unless the case is
covered by special legal provisions.
a ship or an aircraft of the People's Republic of China.
of the People's Republic of China, the crime shall be deemed to have been
committed within the territory of the People's Republic of China.
Republic of China who commit crimes prescribed in this Law outside the
territory of the People's Republic of China; however, they may not be
investigated if for those crimes this Law prescribes a maximum punishment
of fixed-term imprisonment of not more than three years.
People's Republic of China who commit crimes outside the territory of the
People's Republic of China.
a crime outside the territory of the People's Republic of China,
against the state of the People's Republic of China or against its citizens,
if for that crime this Law prescribes a minimum punishment of fixed-term
imprisonment of not less than three years; however, this does not
apply to a crime that is not punishable according to the law of the place
where it was committed.
international treaties concluded or acceded to by the People's Republic of
China and over which the People's Republic of China has criminal jurisdiction
within its obligation in accordance with the treaties.
People's Republic of China for which according to this Law he would
bear criminal responsibility, he may still be dealt with according to 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.
diplomatic privileges and immunities shall be resolved through diplomatic
channels.
Republic of China and before the entry into force of this Law was not deemed
a crime under the laws in force at the time, those laws shall apply. If the
act was deemed a crime under the laws in force at that time and is subject to
prosecution under the provisions of Section 8, Chapter IV of the General
Provisions of this Law, criminal responsibility shall be investigated
according to those laws. However, if this Law does not deem it a crime or
imposes a lighter punishment, this Law shall apply.
time before the entry into force of this Law, shall keep their effectiveness.
Chapter II Crimes
and territorial integrity and security of the state; dismembers the state and
subverts the political power of the people's dictatorship and overthrows
the socialist system; disrupts social order and economic order; violates
property owned by the state or collectively owned by the working people;
violates the citizens' privately owned property or infringes upon the
citizens' rights of the person and their democratic and other rights; and any
other act that endangers society and is punishable according to law. However,
an act that is clearly of minor importance and little harm shall not be
considered a crime.
person who clearly knows that his act will produce socially dangerous
consequences but who wishes or allows such consequences to occur.
person who should have foreseen that his act would possibly produce
socially dangerous consequences but who fails to do so through negligence
or, having foreseen the consequences, readily believes that they can be
avoided, the result being that these consequences do occur.
the law so provides.
unavoidable or unforeseeable causes rather than intent or negligence, it
shall not be a crime.
commits a crime shall bear criminal responsibility.
who commits homicide, intentionally injuring another person resulting in
serious bodily injury or death, rape, robbery, selling narcotic drugs, arson,
causing explosion, or spreading poisons, shall bear criminal responsibility.
who commits a crime shall be given a lighter or mitigated punishment.
the head of his family or his guardian shall be ordered to discipline and
educate him. When necessary, he may also be taken in by the government
for reeducation.
time when he is unable to recognize or control his own conduct, and such
a circumstance is confirmed by a forensic doctor, he shall not bear criminal
responsibility, but his family members or guardian shall be ordered to keep
him under strict surveillance and arrange for his medical treatment. When
necessary, he may also be arranged for medical treatment under coercion by
the government.
bear criminal responsibility if he commits a crime when he is in a normal
mental state.
or control his own conduct and commits a crime shall bear criminal
responsibility, but he may be given a lighter or mitigated punishment.
responsibility.
may be given a lighter or mitigated punishment or be exempted from punishment.
infringement in order to avert an immediate and unlawful infringement of
the state's interest or of the public interest or of his own or another
person's rights of the person, or property rights, or other rights, resulting
in harm to the unlawful infringer, such an act shall be justifiable defence,
and criminal responsibility shall not be borne for such an act.
exceeds the limits of necessity and causes serious harm; however, a
mitigated punishment or exemption from punishment shall be given.
physical assault, committing homicide, robbery, rape, kidnapping, and other
crimes seriously endangering the security of a person, and it causes bodily
injury or death to the unlawful infringer, such an act shall not be defence
that exceeds the limits of necessity, and criminal responsibility shall not
be borne for such an act.
a person is compelled to commit in an emergency to avert an immediate
danger to the state's interest or the public interest or to his own or another
person's rights of the person or property rights or other rights, and that
causes harm.
emergency to avert danger exceeds the limits of necessity and causes
undue harm; however, a mitigated punishment or exemption from punishment
shall be given.
averting danger to oneself shall not apply to a person who is charged with
specific responsibility in his post or profession.
of a Crime
instruments or the creation of the conditions for a crime.
who completed the crime, be given a lighter or mitigated punishment or
be exempted from punishment.
has already begun to commit a crime but is prevented from completing
it for reasons independent of his will.
with one who completed the crime, be given a lighter or mitigated punishment.
process of committing a crime, the offender voluntarily quits continuing the
crime or voluntarily and effectively prevents the consequences of the
crime from occurring.
from punishment shall be given; where an offender causes harm, a mitigated
punishment shall be given.
by two or more persons jointly.
be punished as a joint crime; those who should bear criminal responsibility
shall be individually punished according to the crimes they have
committed.
and leads a criminal group in carrying out criminal activities or plays a
principal role in a joint crime.
which is composed of more than three persons for the purpose of committing
a crime jointly.
given a punishment according to all the crimes the group has committed.
shall be given a punishment according to all the crimes that he participates
in or organizes or commands.
or auxiliary role in a joint crime.
exempted from punishment.
a crime shall, according to the circumstances of his crime, be given a
mitigated punishment or be exempted from punishment.
be punished according to the role he has played in the joint crime.
Anyone who instigates a person under the age of 18 to commit a crime
shall be given a heavier punishment.
instigator may be given a lighter or mitigated punishment.
organization that conducts an act harmful to society, where such an act is
stipulated as a crime, shall bear criminal responsibility.
and the person(s) directly in charge and other person(s) directly involved
in the crime shall be given a punishment. Where Specific Provisions of this
Law or other laws stipulate otherwise, such stipulation shall be applied.
Chapter III Punishments
supplementary punishments.
to a foreigner who commits a crime.
crime, the criminal shall, in addition to receiving a criminal sanction
according to law, be sentenced to make compensation for the economic
losses in the light of the circumstances.
in the meantime, has no enough property to pay off, or is punished with
confiscation of property, he shall first bear responsibility of civil
compensation to the victim.
do not require punishment, he may be exempted from criminal sanctions;
however, he may, according to the different circumstances of each case,
be reprimanded or ordered to make a statement of repentance, offer an
apology, pay compensation for the losses or be subject to administrative
punishment or administrative sanctions by the competent department.
three months and not more than two years.
be executed by a public security organ.
observe the following rules during the term in which his sentence is being
executed:
of assembly, of association, of procession and of demonstration without
approval of the public organ;
executing the public surveillance;
the public surveillance; and
surveillance for departure from the county or city where he lives or change in
residence.
labour, receive equal pay for equal work.
executing organ shall immediately announce the termination of public
surveillance to the criminal sentenced to public surveillance and to his unit
or the masses of the place of his residence.
date the judgment begins to be executed; if the criminal is held in custody
before the execution of the judgment, each day spent in custody shall be
considered as two days of the term sentenced.
months and not more than 6 months.
sentence shall be executed by the public security organ in the vicinity.
detention may go home for one to two days each month; an appropriate
remuneration may be given to those who participate in labour.
date the judgment begins to be executed; if the criminal is held in custody
before the execution of the judgment, each day in custody shall be
considered as one day of the term sentenced.
in Article 50 and Article 69, shall not be less than 6 months and not more
than 15 years.
imprisonment shall serve his sentence in prison or another place for
execution. Anyone who is able to work shall participate in labour,
and accepts education and reform.
from the date the judgment begins to be executed; if the criminal is held
in custody before the execution of the judgment, each day in custody
shall be considered as one day of the term sentenced.
have committed the most heinous 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.
decided by the Supreme People's Court, shall be submitted to the Supreme
People's Court for approval. Death sentences with a suspension of
execution may be decided or approved by a higher people's court.
had not reached the age of 18 at the time the crime was committed or to
women who are pregnant at the time of trial.
does not commit an intentional crime during the period of suspension, his
punishment shall be commuted to life imprisonment upon the expiration of that
two-year period; if he performs great meritorious service, his punishment
shall be commuted to fixed-term imprisonment of not less than 15 years and
not more than 20 years upon the expiration of that two-year period; if it is
verified that be has committed an intentional crime, the death penalty shall
be executed upon the approval of the Supreme People's Court.
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 of expiration of the
term of suspension of execution of a death.
according to the circumstances of the crime.
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 unable to pay all the fine, a people's court shall, when it finds
that the person subjected to execution has any other property, pursue the
payment at any time. If a person has true difficulties in paying because of
an unavoidable disaster, the fine may be reduced or remitted according to
the circumstances.
following rights:
association, of procession, and of demonstration;
enterprise, institution or people's organization.
than one year and not more than five years, except as stipulated in
Article 57 of this Law.
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.
security shall be sentenced to deprivation of political rights as a
supplementary punishment; Criminals who commit crimes of intentional
homicide, rape, arson, causing explosion, spreading poisons, robbery and
other crimes which seriously undermine public order may also be sentenced to
deprivation of political rights as a supplementary punishment.
of the Specific Provisions of this Law shall be applied.
shall be deprived of political rights for life.
fixed-term imprisonment, or a life 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 and
not more than ten years.
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 of course be in effect during the
period in which the principal punishment is being executed.
observe laws and administrative regulations and relevant stipulations on
supervision and administration promulgated by the Department of Public
Security under the State Council, submit to supervision; and shall not
exercise the rights of freedom stipulated in Article 54 of this Law.
or all of the property personally owned by a criminal. When all of
the property of a criminal is confiscated, necessaries of life for the
criminal and his dependent family members shall be left out.
the criminal's family members own or should own shall not be subject to
confiscation.
legitimate debts that the criminal incurred before his property is
confiscated, such debts shall be paid at the request of the creditors.
Chapter IV The Concrete Application of Punishments
based on the facts, nature and circumstances of the crime, the
degree of harm done to society and the relevant provisions of this Law.
heavier or a lighter punishment under the provisions of this Law, the
criminal shall be sentenced to a punishment within the limits of the
prescribed punishment.
mitigated punishment under the provisions of this Law, the criminal shall
be sentenced to a punishment less than the prescribed punishment.
punishment under the provisions of this Law, the criminal may, upon
approval of the Supreme People's Court, be sentenced to a punishment
less than the prescribed punishment according to the special particulars
of the case.
recovered, or compensation shall be ordered. Legal property of the victim
shall be returned. Contrabands and possessions of the criminal that were
used in the crime shall be confiscated. The property confiscated and fine
shall be turned over to the State Treasury, and shall not be misappropriated
or disposed without authorization.
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.
paragraph shall be counted from the date the parole expires.
state's security at any time after serving his sentence or receiving a pardon
shall, if he commits another crime of endangering the state's security,
be dealt with as a recidivist.
voluntarily surrenders himself to a judicial organ after committing
a crime, and truthfully confesses his crime. A criminal who conducts
voluntary surrender may be given a lighter or mitigated punishment. Those
whose crimes are relatively minor may be exempted from punishment.
who serves a sentence truthfully confesses his other crimes that is unknown
to a judicial organ, he shall be dealt with as voluntary surrender.
crime, or provides key clues that lead to solve another case or renders other
meritorious service may be given a lighter or mitigated punishment. Those who
renders great meritorious service may be given a mitigated punishment or be
exempted from punishment.
meritorious service shall be given a lighter punishment or be exempted from
punishment.
judgment is pronounced, unless he is sentenced to death or life imprisonment,
his term of punishment shall be decided in such a way that it may
not exceed the total of the terms for all the crimes and must be longer
than the maximum term for any one of the crimes, depending on the
circumstances of each case. However, the term of public surveillance may
not exceed three years, the term of criminal detention may not exceed
one year, and fixed-term imprisonment may not exceed twenty years.
is imposed, the supplementary punishment must still be executed.
punishment has been completely executed it is discovered that before the
judgment was pronounced the criminal committed another crime for
which he was 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 former and latter
judgments and according to the provisions of Article 69 of this Law. Any
portion of the term that has already been served shall count towards
fulfilment of the term imposed by the latest judgment.
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 decided on the basis of the
punishment that remains to be executed for the former crime and the
punishment imposed for the latter crime and according to the provisions
of Article 69 of this Law.
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, suspension of the sentence will not
result in further harm to society.
whose sentence has been suspended, the supplementary punishment must
still be executed.
shall be not less than the term originally decided and not more than
one year, but it may not be less than two months.
be not less than the term originally decided and not more than five years,
but it may not be less than one year.
from the date the judgment is made final.
following provisions:
from the city or county where he lives or change in residence.
the probation period for suspension, observed by the public security organ,
and the unit to which he belongs or a basic-level organization shall take
concerted action. If the cases stipulated in Article 77 of this Law do not
occur, the punishment originally decided shall not be executed upon the
expiration of the probation period for suspension, and such a fact shall be
declared in public.
whose sentence has been suspended commits further crime or, is found that he
committed another crime for which he was not sentenced, the suspension shall
be revoked and a judgment shall also be rendered for the newly committed
crime or newly discovered crime, and the punishment to be executed shall be
decided on the basis of the punishment for the former and latter crimes and
according to the provisions of Article 69 of this Law.
or a regulation or relevant provisions concerning supervision and
administration on suspension promulgated by the Department of Public Security
under the State Council during the probation period for suspension, and the
circumstance of such violation is severe, suspension shall be revoked and
punishment originally decided shall be executed.
detention, fixed-term imprisonment or life imprisonment may have his
punishment commuted if he observes the rules of prison conscientiously,
accepts education and reform, and shows true repentance or performs
meritorious service while serving his sentence. Those who perform any of
following great meritorious service shall have punishment commuted:
the prison, and such accusation is verified;
removing serious accident; or
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 imprisonment, it may not be less than ten years.
in the form of the proposal document concerning commutation of punishment
by the executing organ towards an intermediate people's court or a people's
court at higher level. The people's courts shall form a collegial panel to
hold a trial, and decide commutation of punishment for those who show true
repentance or have fact of performing meritorious service. No commutation
shall be decided unless by a legal procedure.
from a life imprisonment shall be counted from the date the order of
commutation is issued.
have served more than half of the term of their original sentence or
criminals sentenced to life imprisonment who have served not less than
ten years of their term may be granted parole if they observe rules of
prison conscientiously, accept education and reform, and show true repentance,
and will no longer cause harm to society after parole. If special
circumstances exist, and upon approval of the Supreme People's Court,
the above restrictions relating to the term served may be disregarded.
than ten years or life imprisonment for violent crimes such as committing
homicide, causing explosion, robbery, rape and kidnapping shall not be
granted parole.
procedure stipulated in Article 79 of this Law. No parole shall be granted
unless by a legal procedure.
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
imprisonment shall be ten years.
criminal is released on parole.
provisions:
supervising organs;
supervising organs; and
departure from the city or county where he lives or change in residence.
supervision by a public security organ during the probation period for
parole. If the circumstance stipulated in Article 86 of this Law does not
occur, the punishment to which he was originally sentenced shall be considered
to have been completely executed upon the expiration of the probation period
for parole; and such a fact shall be declared in public.
during the probation period for parole, the parole shall be revoked and
combined punishment for several crimes shall be decided according to Article
71 of this Law.
parole is found that before the judgment was announced he committed another
crime for which he was not sentenced, parole shall be revoked and combined
punishment for several crimes shall be decided according to Article 70 of
this Law.
administrative regulation, or a stipulation on supervision and administration
concerning parole promulgated by the Department of Public Security under
the State Council during the probation period for parole, and such an act
does not constitute a further crime, parole shall be revoked according
to the legal procedure, and the criminal shall be sent to prison for the
execution of the unexecuted punishment.
have elapsed:
imprisonment of less than five years;
imprisonment of not less than five years but less than ten years;
imprisonment of not less than ten years; and
imprisonment or death. If after twenty years it is considered that a crime
must be prosecuted, the matter must be submitted to the Supreme People's
Procuratorate for approval.
imposed with respect to criminals who escape from investigation or trial
after a people's procuratorate or public security organ or state security
organ places the case on file and conducts investigation, or a people's
court handles the case.
puts forward accusation during a limitation period for prosecution, and a
people's court or people's procuratorate or public security organ shall place
the case on file but fails to do so.
from the date of the crime; if the criminal act is of a continual or
continuous nature, it shall be counted from the date the criminal act is
terminated.
the limitation period for prosecution of the former crime shall be
counted from the date the latter crime is committed.
Chapter V Other Provisions
applied in national autonomous areas, the people's congresses of those
autonomous regions or the provinces concerned may formulate adoptive or
supplementary provisions based on the political, economic and cultural
characteristics of the local nationalities and the basic principles 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.
following:
of which are used for helping the poor or for other causes of public welfare.
? Private property that is being managed, used or transported by the state
organs, state-owned companies or enterprises, collective-owned enterprises
and people's organizations shall be treated as public property.
refers to the following:
of livelihood;
according to law;
and
according to law.
personnel of state organs who are engaged in public service according to law.
people's organizations who are engaged in public service and personnel
who are appointed and sent by state organs, state-owned companies or
enterprises or institutions to non-state-owned companies or enterprises or
institutions or mass organizations to carry out public service, and other
personnel who are engaged in public service according to law, shall be treated
as state functionaries.
staff who have the functions of investigation, prosecution, adjudication
and supervision and management.
of the following:
disfigurement;
function of any other organ; and
Law refers to violation of laws and decisions enacted by the National
People's Congress and its Standing Committee, and of administrative
regulations enacted by the State Council or administrative measures adopted
by the State Council or decisions and orders issued by the State Council.
who has the role of organizing, planning or directing a criminal group
or a crowd assembled to commit a crime.
Law means that a case shall only be handled if the victim brings a
complaint. 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 his complaint.
in this Law all include the given figure.
joining the army or getting a job, report truthfully that he was ever given a
criminal punishment to relevant units, and shall not conceal the fact.
laws with provisions for criminal punishments, unless otherwise provided in
other laws.
Chapter I Crimes of Endangering the State Security
the sovereignty, territorial integrity and security of the People's Republic
of China shall be sentenced to life imprisonment or fixed-term imprisonment of
not less than ten years.
China and commits the crime stipulated in the preceding paragraph shall be
punished according to the provisions of the preceding paragraph.
dismembering the state and undermining the unification of the state and
those whose crimes are severe shall be sentenced to life imprisonment or
fixed-term imprisonment of not less than ten years. Active participants
shall be sentenced to fixed-term imprisonment of not less than three years and
not more than ten years. Other participants shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention, public
surveillance or deprivation of political rights.
the state shall be sentenced to fixed-term imprisonment of not more than
five years, criminal detention, public surveillance or deprivation of
political rights. Ringleaders or those whose crimes are severe shall be
sentenced to fixed-term imprisonment of not less than five years.
rebellion or armed riot and those whose crimes are severe shall be sentenced
to life imprisonment or fixed-term imprisonment of not less than ten years.
Active participants shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years. Other participants
shall be sentenced to fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or deprivation of political rights.
member of the armed forces, the people's police or the people's militia to
conduct armed rebellion or armed riot shall be given a heavier punishment
according to the provisions of the preceding paragraph.
the state's political power and overthrowing the socialist system and those
whose crimes are severe shall be sentenced to life imprisonment or fixed-term
imprisonment of not less than ten years. Active participants shall be
sentenced to fixed-term imprisonment of not less than three years and not
more than ten years. Other participants shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention, public
surveillance or deprivation of political rights.
the socialist system through starting a rumour or slander or by other means
shall be sentenced to fixed-term imprisonment of not more than five years,
criminal detention, public surveillance or deprivation of political rights.
Ringleaders or those whose crimes are severe shall be sentenced to fixed-term
imprisonment of not less than five years.
outside China and carries out any crime stipulated in the provisions of
Article 103, Article 104 or Article 105 in this Chapter shall be given a
heavier punishment according to the provisions of relevant Article.
or organization or individual within or outside China shall, if the agency or
organization or individual subsidizes an organization or individual within
China in carrying out a crime stipulated in Article 102, Article 103, Article
104 or Article 105 in this Chapter, 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, the
offender shall be sentenced to fixed-term imprisonment of not less than five
years.
sentenced to fixed-term imprisonment of not less three years and not more
than ten years; if the circumstances are serious or the case concerns the
leading of members of the armed forces, the people's police or the people's
militia to defect to the enemy and turn traitor, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment.
leaves his post and flees the country and turns traitor, or flees and turns
traitor outside China, and endangers the state's 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, the offender shall be
sentenced to fixed-term imprisonment of not less than five years and not more
than ten years.
stipulated in the preceding paragraph shall be given a heavier punishment
according to the provisions of the preceding paragraph.
and endangers the state's security shall be sentenced to fixed-term
imprisonment or life imprisonment; if the circumstances are relatively
minor, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than ten years:
organization and its agent; and
secrets or intelligence for an agency or organization or people outside China
shall be sentenced to fixed-term imprisonment of not less than five years and
not more than ten years; if the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
ten years or life imprisonment; if the circumstances are relatively minor,
the offender shall be sentenced to fixed-term imprisonment of not more than
five years, criminal detention, public surveillance or deprivation of
political rights.
the enemy during wartime shall be sentenced to fixed-term imprisonment of
not less than ten years or life imprisonment; if the circumstances are
relatively minor, the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years.
above in this Chapter, except those mentioned in the second paragraph of
Articles 103, Article 105, Article 107 and Article 109, causes especially
serious harm to the state and the people and the circumstances are especially
flagrant, the death penalty may be imposed.