People's Republic Of China Criminal Law Amendment (H)

Original Language Title: 中华人民共和国刑法修正案(八)

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People's Republic of China presidential order (41st)

People's Republic of China criminal law amendment (h) by the People's Republic of China Standing Committee of the 11th National People's Congress adopted at the 19th meeting, on February 25, 2011, are hereby promulgated and take effect on May 1, 2011.

People's Republic of China President Hu Jintao

The February 25, 2011
  People's Republic of China criminal law amendment (h) First, in the 17th after the articles of the criminal law, as one of the articles 17th: "age limit of 75 years of intentional crime, be given a lighter or mitigated punishment; the criminal negligence shall be given a lighter or mitigated punishment.

” Second, in one paragraph is added as a second paragraph to article 38th of the code: "sentenced, based on the crime situation and prevent criminals engaged in during the execution of a specific activity, access to specific areas and sites with specific people.

” The original second paragraph as paragraph, amended to read: "for sentenced criminals, law of community corrections.

” One paragraph is added as a fourth paragraph: "violations of the provisions of the second paragraph of a prohibition order, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security are punishable.

” Third, in one paragraph is added as the second paragraph in the 49th article of the criminal law: "the trial has 75 years of age who does not apply the death penalty, but except for causing death by particularly cruel means.



Four, the 50th article of the criminal law is changed to: "the imposition of the death penalty with a reprieve, during the reprieve period, if there is no intentional crime, after two years, commuted; if there was a major meritorious services, after the expiry of the two years, commuted to 25 years ' imprisonment if an intentional crime, verified, and approved by the Supreme People's Court, death penalty. "Sentenced to death penalty with a reprieve of recidivism, as well as for intentional homicide, rape, robbery, kidnapping, arson, explosion, release of dangerous substances or organized violent crime criminals sentenced to death penalty with a reprieve, the people's Court according to the circumstances of the crime and so on can be decided to limit remission.

” Five, the 63rd paragraph of the criminal law is changed to: "the mitigating circumstances provided for in this law, the criminal shall be the prescribed punishment sentencing; a sentencing range of provisions in this law, shall in passing sentence within the statutory sentencing ranges for the next sentence.

” Six article of criminal law 65th, amended to read: "the criminal who is sentenced to at least and, after the execution of punishment or receiving a pardon, in less than five years recidivism of crimes should be sentenced to at least, are repeat offenders, shall be given a heavier punishment, but criminal negligence except the crime and persons under the age of 18.

” Seven, the 66th article of the criminal law is changed to: "crimes against national security, terrorism, mafia-style organized crime and criminals, after the execution of punishment or receiving a pardon, at any time, make either type of crime, punishable as a recidivist.

” Eight, adding a paragraph in the article 67th as the third paragraph: "the criminal suspects are not surrendered in accordance with the preceding two paragraphs plot, but truthfully of their crimes, may be given a lighter penalty for truthfully their crimes, avoiding particularly serious consequences, can be given a mitigated punishment.



Second paragraph of nine, by deleting article 68th.

Ten, and will criminal 69th article modified for: "judgment declared yiqian a committed number crime of, except sentenced to death penalty and life imprisonment of yiwai, should in sum sentence following, and number penalty in the highest sentence above,, as appropriate, decided implementation of sentence, but control highest cannot over three years, criminal detention highest cannot over one years, shall be sentenced to sum sentence discontent 35 years of, highest cannot over 20 years, sum sentence in 35 years above of, highest cannot over 25 years. "Several crimes have a supplementary punishment is imposed, the supplementary punishment shall still be executed, attach the same kind of punishment, in combination, different types, respectively.



Plenary, the criminal law section 72nd is revised as follows: "for criminals sentenced to criminal detention and three years ' imprisonment, and meets the following conditions, can be suspended, under the age of 18 persons, pregnant women and people who are over 75 years of age, shall be suspended:

"(A) the crime of minor;

"(B) repentance;

"(C) the danger of sin no more;

"(D) suspended no significant adverse effects on the community.

"Suspended, according to crime and prohibit criminals from engaging in certain activities during the probation period, access to specific areas and sites with specific people. "The criminal who is suspended if a supplementary punishment is imposed, the supplementary punishment shall still be executed.

” 12, the 74th amendment to the criminal law: "for recidivism and crime syndicate ringleader, probation is not applicable.

” 13, the 76th article of the criminal law is changed to: "on the suspension of the criminal, in the probation period, implemented community correction in accordance with law without this law article 77th, probation period, upheld the penalty is not executed, and publicly declared.

” 14, the 77th article of the criminal law is changed to: "the criminal who is suspended, and during the term of probation, violation of laws, administrative regulations, or provisions on probation supervision and management of the relevant departments of the State Council, or violate restraining orders in the people's Court, the circumstances are serious, shall revoke a suspended sentence, execution upheld the penalty.



78th article XV and the Penal Code is revised as follows: "after commutation of sentences actually carried shall not be less than the following time limits:

"(A) is sentenced to public surveillance, detention, fixed-term imprisonment of not less than one-second of the original sentence;

"(B) sentenced to not less than 13 years; "(C) the people's Court in accordance with the second paragraph of this article 50th provisions limiting the death penalty with a reprieve of sentence criminals, probation to life imprisonment according to law after the expiration of not less than 25 years, suspended commuted to 25 years ' imprisonment according to law after the expiration of not less than 20 years.

” 16, the 81st article of the criminal law is changed to: "the criminal who is sentenced to imprisonment, execution upheld the sentence above one-second criminals sentenced to life imprisonment, actual implementation of more than 13 years, if earnestly observes, education reform shows true repentance, Sin no more dangerous, can be released on parole.

If there are special circumstances approved by the Supreme People's Court, is not subject to the above restrictions relating to the sentence.

"On repeated offenders, as well as murder, rape, robbery, kidnapping, arson, explosion, release of dangerous substances or organized violent crime and was sentenced to ten years imprisonment, life imprisonment of criminals, parole. "When criminals decide to parole, should be considered for parole for the residential community of after effects.

” 17, the 85th of criminal law is revised as follows: "criminals on parole, probation period, implemented community correction in accordance with law, if there is no article 86th case of this law, probation period, then upheld the penalty has been executed, and publicly declared.

” 86th article 18, criminal law is revised as follows: "paroled criminals, during the term of probation, violation of laws, administrative regulations, or provisions on parole supervision and management of the relevant departments of the State Council, does not constitute a new offence shall, in accordance with statutory procedures for revocation of parole, prison execution penalties that are not completed.

” 100th one paragraph is added in article 19, in the Penal Code as the second paragraph: "the age of 18 at the time the crime was sentenced to five years in prison following sentence people exempt from reporting obligations under the provisions of the preceding paragraph.

” 20, the 107th section of criminal law is revised as follows: "domestic and foreign institutions, organizations or individuals to support the implementation of article 102th, 103th crime prescribed in, 104th, 105th, and persons directly responsible, to five years imprisonment, criminal detention, control or deprivation of political rights in serious cases, imprisonment of at least five years.



21, the 109th article of the criminal law is revised as follows: "State organ staff during the performance of their official duties, absent without leave, defecting overseas or overseas defected, five years imprisonment, criminal detention, control or deprivation of political rights; the circumstances are serious, shall be sentenced to imprisonment between five to ten years. "National staff defected outside holds the State secret or defected abroad, according to the provisions of the preceding paragraph a heavier punishment.



22, in the 133th added after articles of the criminal law, as one of the 133th: "driving a motor vehicle on a road Chase drive, aggravated, or drunken driving motor vehicles on the roads, criminal detention and fines. "The behavior of the preceding paragraph, constitute other crimes, in accordance with a heavier punishment shall be convicted and punished.

” 23, and will criminal 141th article first paragraph modified for: "production, and sales counterfeit of, at three years following shall be sentenced to or criminal detention, and punishment gold; on human health caused serious against or has other serious plot of, at three years above ten years following shall be sentenced to, and punishment gold; to people death or has other special serious plot of, at 10 years above shall be sentenced to, and life imprisonment or death penalty, and at fine or confiscated property.

” 24, and will criminal 143th article modified for: "production, and sales not meet food security standard of food, enough to caused serious food poisoning accident or other serious food source sex disease of, at three years following shall be sentenced to or criminal detention, and punishment gold; on human health caused serious against or has other serious plot of, at three years above seven years following shall be sentenced to, and punishment gold; consequences special serious of, at seven years above shall be sentenced to or life imprisonment, and at fine or confiscated property.

” 25, and will criminal 144th article modified for: "in production, and sales of food in the mixed into toxic, and harmful of non-food raw materials of, or sales knows mixed has toxic, and harmful of non-food raw materials of food of, at five years following shall be sentenced to, and punishment gold; on human health caused serious against or has other serious plot of, at five years above ten years following shall be sentenced to, and punishment gold; to people death or has other special serious plot of, in accordance with this method 141th article of provides punishment.


Article 151th 26, be modified to: "smuggling of weapons, ammunition, nuclear materials, counterfeit money, liable to up to seven years in prison, and a fine or confiscation of property; the circumstances are especially serious, life imprisonment or the death penalty and confiscation of property; minor, shall be sentenced to imprisonment between three to seven years and fined.

"Smuggling national ban on the export of cultural relics, gold, silver and other precious metals or State prohibit the import and export of precious animals and their products, shall be sentenced to imprisonment between five to ten years, and concurrently the circumstances are especially serious, imprisonment of at least ten years or life imprisonment and confiscation of property; minor, five years ' imprisonment, and a fine.

"The smuggling of rare and endangered plants and their other products and other countries prohibit the import and export cargo, the goods, to five years ' imprisonment or criminal detention, and Department or penalties in serious cases, imprisonment of at least five years and be fined. "Unit commits a crime prescribed in this article, the unit shall be sentenced to a fine, and the managers directly responsible and other persons directly responsible, in accordance with the paragraphs of this article shall be punished.



153th article 27, criminal code is revised as follows: "smuggling, 152th 151th of this law, article No. 347 of goods, other than goods, according to the circumstances, in accordance with the following provisions:

"(A) smuggled goods and evading the tax payable greater or for smuggling are given within one year after the second administrative penalty and smuggling, to three years ' imprisonment or criminal detention, and evade tax payable more than 1 time times five times times the fine.

"(B) smuggled goods and evading the tax payable is huge or other serious circumstances, shall be sentenced to imprisonment between three to ten years, and evade tax payable more than 1 time times five times times the fine. "(C) smuggled goods and evading the tax payable is especially huge or other especially serious circumstances, imprisonment of at least ten years or life imprisonment, and evade tax payable more than 1 time times five times times the fine or confiscation of property.

” 157th of criminal law article 28, be amended to read: "cover of armed smuggling, in accordance with the provisions of the first paragraph of this article 151th heavier punishment.



29, 164th amendment of the criminal law as: "to seek illegitimate interests, giving staff to property companies, enterprises or other units, a relatively large amount of imprisonment of three years or criminal detention; huge amount, shall be sentenced to imprisonment between three to ten years and a fine.

"To seek illegitimate commercial interests granting property to foreign public officials or officials of public international organizations, in accordance with the provisions of the preceding paragraph.

"Guilty of the preceding two paragraphs, the unit shall be sentenced to a fine, and the managers directly responsible and other persons directly responsible, in accordance with the provisions of the first paragraph. "People in front of the accused voluntarily confesses the bribery, be given a mitigated punishment or be exempted from punishment.

” 30, the 199th of criminal law is revised as follows: "committed crimes as stipulated in clause 192th of this section, the amount involved is especially huge and especially heavy losses caused to the State and the interests of the people, to life imprisonment or the death penalty and confiscation of property.

” 31, and will criminal No. 200 article modified for: "units made this section 192th article, and 194th article, and 195th article provides of crime of, on units sentenced to fine, and on its directly is responsible for of competent personnel and other directly responsibility personnel, at five years following shall be sentenced to or criminal detention, can and punishment gold; amounts huge or has other serious plot of, at five years above ten years following shall be sentenced to, and punishment gold; amounts special huge or has other special serious plot of, More than ten years in prison or life imprisonment and a fine.



32, by deleting the second paragraph of Article No. 205 of the code.

33, an article shall be added after the article No. 205 of the code, as one of Article No. 205: "Article No. 205 virtual format other than the invoice, if the circumstances are serious, two years imprisonment, criminal detention or control, and concurrently the circumstances are especially serious, shall be sentenced to imprisonment between two to seven years and fined. "Unit commits a crime in the preceding paragraph, to be punished with a fine, and the managers directly responsible and other persons directly responsible, in accordance with the provisions of the preceding paragraph.



34, by deleting the second paragraph of Article No. 206 of criminal law.

35, an article shall be added after the article No. 210 of the code, as one of Article No. 210: "knowingly false invoices while holding relatively large quantity of, two years imprisonment, criminal detention or control, and concurrently; huge, imprisonment between two to seven years ' imprisonment and a fine. "Unit commits a crime in the preceding paragraph, to be punished with a fine, and the managers directly responsible and other persons directly responsible, in accordance with the provisions of the preceding paragraph.



36, article No. 226 is revised as follows: "by means of violence, threats, implementing one of the following acts, if the circumstances are serious, to three years ' imprisonment or criminal detention, and Department or penalties the circumstances are especially serious, shall be sentenced to imprisonment between three to seven years and fined:

"(A) strong sell goods;

"(Ii) compels another person to provide or receive services;

"(C) to compel another person to participate or withdraw from the bidding, auctions;

"(D) the forced transfer or acquisition of companies, corporate shares, bonds or other assets; "(E) forced another person to participate or leave a particular business activities.



37, an article shall be added after the article No. 234 of the code, as one of Article No. 234: "another person to sell human organs of the Organization, five years ' imprisonment and fined in serious cases, imprisonment of at least five years, and a fine or confiscation of property.

"Without the consent of the removal of an organ, or the removal of organs of persons under the age of 18, or coercion, deception of others to donate organs, in accordance with Article No. 234, No. 232, shall be convicted and punished. "Against before I will pick up his body organs, or before I did not consent, in violation of State regulations, removal of organs of his body against their close relatives will, in accordance with Article No. 302 shall be convicted and punished.



38, article No. 244 of the code is revised as follows: "by means of violence, threat or restriction of personal freedom by forcing others to labor, to three years ' imprisonment or criminal detention, fined; the circumstances are serious, shall be sentenced to imprisonment between three to ten years and a fine.

"Whoever acts implementing the preceding paragraph, for the recruitment, transportation personnel or other forced labor practices of others, in accordance with the provisions of the preceding paragraph. "Guilty of the preceding two paragraphs, the unit shall be sentenced to a fine, and the managers directly responsible and other persons directly responsible, in accordance with the provisions of the first paragraph.

” 39, and will criminal No. 264 article modified for: "theft public-private property, amounts larger of, or times theft, and households theft, and carry weapon theft, and pickpocketing of, at three years following shall be sentenced to, and criminal detention or control, and at or single punishment gold; amounts huge or has other serious plot of, at three years above ten years following shall be sentenced to, and punishment gold; amounts special huge or has other special serious plot of, at 10 years above shall be sentenced to or life imprisonment, and at fine or confiscated property.

” 40, and will criminal No. 274 article modified for: "extortion public-private property, amounts larger or times extortion of, at three years following shall be sentenced to, and criminal detention or control, and at or single punishment gold; amounts huge or has other serious plot of, at three years above ten years following shall be sentenced to, and punishment gold; amounts special huge or has other special serious plot of, at 10 years above shall be sentenced to, and at fine.



41, and in criminal No. 276 article Hou increased a article, as No. 276 article one of: "to transfer property, and escape, method escape paid workers of labor paid or has capacity paid and not paid workers of labor paid, amounts larger, by Government about sector ordered paid still not paid of, at three years following shall be sentenced to or criminal detention, and at or single punishment gold; caused serious consequences of, at three years above seven years following shall be sentenced to, and at fine.

"Unit commits a crime in the preceding paragraph, to be punished with a fine, and the managers directly responsible and other persons directly responsible, in accordance with the provisions of the preceding paragraph. "There are acts of the preceding two paragraphs, but not having caused serious consequences, pay labor remuneration of laborers before the prosecution, and shall assume corresponding liability, be given a mitigated punishment or be exempted from punishment.



42, article No. 293 is amended as: "the following acts of affray, disrupting social order, five years imprisonment, criminal detention or control:

"(A) beating another person, aggravated;

"(B) Chase, interception, abusive, threatening, aggravated;

"(C) strong force or any damage, use of public or private property, if the circumstances are serious;

"(D) in public booing riot, resulting in serious disruption of public order. "Gathered before being executed many times, seriously disrupting social order, shall be sentenced to imprisonment between five to ten years, and may also be fined.



43, article No. 294 of the code is amended as: "the Organization, leading underworld organization, liable to up to seven years in prison and confiscation of property; participate actively, be sentenced to imprisonment between three to seven years, and a fine or confiscation of property; other participants, to three years imprisonment, criminal detention, control or deprivation of political rights, and may also be fined.

"Foreign underworld organizations personnel to People's Republic of China territory of OECD member, shall be sentenced to imprisonment between three to ten years.

"Countertenor mafia-style organizations, or condone the illegal and criminal activities of mafia-style organizations, to five years ' imprisonment in serious cases, imprisonment of at least five years.

"Committing crimes and other criminal acts of the preceding three paragraphs, shall be punished and punished as such.

"Mafia organizations shall also have the following characteristics:

"(A) a relatively stable criminal organization, large, clear Organizer, leader, key members of the basic fixed;

"(Ii) by organized crime or other means to obtain economic benefits, with a certain degree of economic strength to support the activities of the Organization;

"(C) by means of violence, threats or other means, many illegal and criminal activities in an organized manner, non-evil bully, maim people; "(D) through the implementation of criminal activity, or of harbouring or conniving at use of national staff, dominate the party, in certain regions or industry, illegal control or significant influence, causing serious damage to economic and social order.


44, article No. 295 of the code is revised as follows: "imparting criminal methods, to five years imprisonment, criminal detention or public surveillance; the circumstances are serious, shall be sentenced to imprisonment between five to ten years the circumstances are especially serious, imprisonment of at least ten years or life imprisonment.



45, and will criminal No. 328 article first paragraph modified for: "robbing has history, and art, and science value of ancient culture site, and ancient tombs of, at three years above ten years following shall be sentenced to, and punishment gold; plot more light of, at three years following shall be sentenced to, and criminal detention or control, and punishment gold; has following case one of of, at 10 years above shall be sentenced to or life imprisonment, and at fine or confiscated property:

"(A) the excavation as a national key cultural relics protection units and provincial-level cultural relic protection units of the sites of ancient culture or ancient tombs;

"(B) and robbing sites of ancient culture or ancient tombs, the ringleader of the Group;

"(C) several times and robbing sites of ancient culture or ancient tombs; "(D) robbing sites of ancient culture or ancient tombs and stealing precious cultural relics and precious cultural relics caused serious damage.

” 46, and will criminal No. 338 article modified for: "violation national provides, emissions, and dumping or disposal has radioactive of waste, and containing infectious diseases disease original body of waste, and toxic material or other harmful material, serious pollution environment of, at three years following shall be sentenced to or criminal detention, and at or single punishment gold; consequences special serious of, at three years above seven years following shall be sentenced to, and at fine.

” 47, and will criminal No. 343 article first paragraph modified for: "violation mineral resources method of provides, not made mining license unauthorized mining, unauthorized into national planning mine, and on economy has important value of mine and others mine range mining, or unauthorized mining national provides implemented protective mining of specific mine species, plot serious of, at three years following shall be sentenced to, and criminal detention or control, and at or single punishment gold; plot special serious of, at three years above seven years following shall be sentenced to, and at fine.

” 48, the third paragraph of Article No. 358 of the code is revised as follows: "for the organizations prostitution recruitment, transportation personnel or other Act of assisting the Organization of prostitution, to five years imprisonment, and fined; the circumstances are serious, shall be sentenced to imprisonment between five to ten years and a fine.



49, after Article No. 408 of the code add one, as one of Article No. 408: "functionaries with food safety supervision and management responsibilities, abuse of authority or neglect their duties, leading to major food safety accidents occur or other serious consequences, to five years ' imprisonment or criminal detention; causing particularly serious consequences, shall be sentenced to imprisonment between five to ten years. "Engages in the preceding paragraph, a heavier punishment.

” 50, this amendment shall take effect on May 1, 2011.