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

Original Language Title: 中华人民共和国刑法修正案(七)

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People's Republic of China presidential order, tenth

                    People's Republic of China criminal law amendment (VII) by the People's Republic of China the seventh meeting of the Standing Committee of the 11th NPC was adopted on February 28, 2009, are hereby promulgated and, as of the date of promulgation.

                            People's Republic of China President Hu Jintao



The February 28, 2009

People's Republic of China criminal law amendment (seven)

(February 28, 2009 adopted at the seventh meeting of the Standing Committee of the 11th NPC) First, modify the 151th article of the criminal law to: "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.

” II, and will criminal 180th article first paragraph modified for: "securities, and futures trading insider information of informed personnel or illegal gets securities, and futures trading insider information of personnel, in involved securities of issued, securities, and futures trading or other on securities, and futures trading price has major effect of information yet public Qian, buy or sold the securities, or engaged in and the insider information about of futures trading, or leaked the information, or express, and hinted others engaged in above trading activities, plot serious of, Five years ' imprisonment or criminal detention, or illegal gains more than 1 time times five times fined the circumstances are especially serious, shall be sentenced to imprisonment between five to ten years, and illegal gains more than 1 time times five times times the fine.

” Increased a paragraph as fourth paragraph: "Securities Exchange, and Futures Exchange, and securities company, and futures brokers company, and fund management company, and commercial banks, and insurance company, financial institutions of practitioners and about regulatory sector or industry association of staff, using for positions convenience gets of insider information yiwai of other not public of information, violation provides, engaged in and the information related of securities, and futures trading activities, or express, and hinted others engaged in related trading activities, plot serious of, in accordance with first paragraph of provides punishment.



Third, article No. 201 of the code is revised as follows: "taxpayers take false tax return by means of deception, concealment or failure to declare, avoid large amount of taxes and account for the tax payable by more than 10%, to three years ' imprisonment or criminal detention, fined; a huge amount over 30% and account for the tax payable, shall be sentenced to imprisonment between three to seven years and fined.

"Withholding agents listed in the preceding paragraph means not paying or pay less net, taxes, a large amount, in accordance with the provisions of the preceding paragraph.

"Repeatedly commit acts of the preceding two paragraphs, untreated, according to the accumulated amount. "First Act, issued by tax authorities according to law the recovery notice, to pay applicable taxes, paying late fees which have been subject to administrative punishment, no liability, but within five years from the payment of taxes has been subjected to criminal punishment or administrative punishment by tax authorities more than two except.

” Four, and in criminal No. 224 article Hou increased a article, as No. 224 article one of: "Organization, and led to marketing commodity, and provides service, business activities for name, requirements participate in who to paid costs or purchase commodity, and service, way get joined qualification, and according to must order composition level, directly or indirect to development personnel of number as paid or returned Lee according to, lure, and stress participate in who continues to development others participate in, cheat property, disrupt economic social order of MLM activities of, Five years ' imprisonment or criminal detention, fined in serious cases imprisonment for more than five years in prison and a fine.



Five, article No. 225 of the criminal law is revised as follows: "without the approval of relevant departments of the State of illicit dealing in securities, futures, insurance, or illegal practice of payment settlement business;"

Six, article No. 239 of the code is revised as follows: "kidnapping for extortion purposes, or abduction of persons as hostages, ten years ' imprisonment or life imprisonment, and a fine or confiscation of property; minor, shall be sentenced to imprisonment between five to ten years and a fine.

"Committed the crime in the preceding paragraph, killed the kidnapped person or killing of kidnapped people, the death penalty and confiscation of property. "Stealing of infants and young children for extortion purposes, in accordance with the provisions of the preceding two paragraphs.



Seven, and in criminal No. 253 article Hou increased a article, as No. 253 article one of: "State or financial, and telecommunications, and traffic, and education, and medical, units of staff, violation national provides, will this units in perform duties or provides service process in the get of citizens personal information, sold or illegal provides to others, plot serious of, at three years following shall be sentenced to or criminal detention, and at or single at fine.

"Steal or use other illegal methods to obtain this information, the circumstances are serious, 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 this paragraph.

” After eight, one of Article No. 262 of the code add one, as No. 262 bis: "Organization of minor theft, fraud, looting, extortion and violating the Administration activity, to three years ' imprisonment or criminal detention, fined; the circumstances are serious, shall be sentenced to imprisonment between three to seven years and fined.



Nine, and in criminal No. 285 article in the increased two paragraph as second paragraph, and third paragraph: "violation national provides, invaded Qian paragraph provides yiwai of computer information system or used other technology means, gets the computer information system in the storage, and processing or transmission of data, or on the computer information system implementation illegal control, plot serious of, at three years following shall be sentenced to or criminal detention, and at or single punishment gold; plot special serious of, at three years above seven years following shall be sentenced to, and at fine. "Provided specifically for the intrusion, illegal control of computer information systems program, tool, or knowingly implement intrusion, criminal acts of illegal control of computer information systems and to provide procedures, tools, if the circumstances are serious, in accordance with the provisions of the preceding paragraph.

” Ten, one paragraph is added as a second paragraph to Article No. 312 of the code: "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.

” Plenary, article No. 337 of the code of the first paragraph is amended as: "violating state regulations on epidemic prevention and quarantine of animals and plants, causing serious animal epidemic, or cause serious plant and animal epidemic dangerous, if the circumstances are serious, to three years ' imprisonment or criminal detention, or be fined.

” 12, the second paragraph of Article No. 375 of the code is revised as follows: "illegal production and trade in uniforms of the armed forces, if the circumstances are serious, to three years imprisonment, criminal detention or public surveillance, or be fined.

” A third paragraph is added: "forgery, theft, sale or illegal offers, use number plates of vehicles of the armed forces and other special symbols, if the circumstances are serious, to three years imprisonment, criminal detention or control, and Department or penalties the circumstances are especially serious, shall be sentenced to imprisonment between three to seven years and fined.

” Third as the fourth paragraph of the original and amended as: "guilty of the second and third paragraphs, to be punished with a fine, and directly responsible and other persons directly responsible, in accordance with the provisions of this paragraph.

” 13, and in criminal No. 388 article Hou increased a article as No. 388 article one of: "national staff of near relatives or other and the national staff relationship close of people, through the national staff positions Shang of behavior, or using the national staff terms or status formed of convenience conditions, through other national staff positions Shang of behavior, for please trustee seek not due interests, obtained please trustee property or received who property, amounts larger or has other more heavy plot of,

Three years ' imprisonment or criminal detention, fined; huge or have other serious circumstances, be sentenced to imprisonment between three to seven years and fined; huge amount or other especially serious circumstances, liable to up to seven years in prison, and a fine or confiscation of property. "The separation of State officials or their close relatives and other close persons, using the national staff for leaving the original terms of reference or position facilitate conditions for the implementation of the preceding paragraph, shall be convicted and punished in accordance with the preceding paragraph.

” No. 395, paragraph 14, penal code is revised as follows: "agents of the State property, spending significantly more than his lawful income, the difference is huge, can be ordered to explain the sources of the national staff, cannot explain the source of, the difference in illegal gains, and five years ' imprisonment or criminal detention; huge difference, shall be sentenced to imprisonment between five to ten years. Difference of property shall be recovered.

” XV, the amendments come into force on the date of promulgation.