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

Original Language Title: 中华人民共和国刑法修正案(四)

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(December 28, 2002 adopted by the 31st session of the Standing Committee of the ninth People's Republic of China presidential order released come into force on the date of promulgation, 83rd) in order to undermine the Socialist market economic order, violation of the order of social administration and State personnel's dereliction of duty crimes, guarantee the smooth progress of socialist modernization, and ensure the safety of citizens, the following changes and additions to the criminal law: first, the 145th article of the criminal law is changed to: " Production not meet guarantees human health of national standards, and industry standard of medical devices, and medical with health material, or sales knows is not meet guarantees human health of national standards, and industry standard of medical devices, and medical with health material, enough to serious against human health of, at three years following shall be sentenced to or criminal detention, and at sales amount 50% above twice times following fine; on human health caused serious against of, at three years above ten years following shall be sentenced to, and at sales amount 50% above twice times following fine ; The consequences of particularly serious, imprisonment of at least ten years or life imprisonment, and 50% more than twice times the amount sold at the following fine or confiscation of property. "Second, one paragraph is added as the second paragraph in the article 152th:" evading customs control outside the solid waste, liquid and gaseous wastes transport imported, if the circumstances are serious, be sentenced to five years and or a fine the circumstances are especially serious, imprisonment of at least five years and be fined. "The original second paragraph as paragraph, amended to read:" 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 preceding two paragraphs. "Three, and will criminal 155th article modified for:" following behavior, to smuggling crime punished, in accordance with this section of about provides punishment: (a) directly to smuggling people illegal acquisition national ban imports items of, or directly to smuggling people illegal acquisition smuggling imports of other goods, and items, amounts larger of; (ii) in Utsumi, and territorial waters, and river, and lake transport, and acquisition, and trafficking national ban import and export items of, or transport, and acquisition, and trafficking national limit import and export goods, and items, amounts larger, no legal proved of.
    "Four, and criminal No. 244 article Hou increased a article, as No. 244 article one of:" violation labor management regulations, employed not full 16 age of minor people engaged in Super Manual of, or engaged in high, and well Xia job of, or in explosive, and flammable sex, and radioactive, and poison sex, dangerous environment Xia engaged in labor, plot serious of, on directly responsibility personnel, at three years following shall be sentenced to or criminal detention, and punishment gold; plot special serious of, at three years above seven years following shall be sentenced to, and at fine. "The behavior of the preceding paragraph, causing the accident, and other crime, shall be punished and punished as such. "Five, No. 339 of criminal law article is revised as follows:" in the name of raw material used, imported solid wastes cannot be used as a raw material, liquid and gaseous wastes, in accordance with the second and third paragraphs of article 152th this law shall be convicted and punished. "Six, and will criminal No. 344 article modified for:" violation national provides, illegal logging, and destroyed precious trees or national focus protection of other plant of, or illegal acquisition, and transport, and processing, and sold precious trees or national focus protection of other plant and products of, at three years following shall be sentenced to, and criminal detention or control, and punishment gold; plot serious of, at three years above seven years following shall be sentenced to, and at fine.
    "Seven, article No. 345 of the code is revised as follows:" illegal logging of forests or Woods, a large amount of, Office for three years, criminal detention or control, and Department or penalties; huge amounts, shall be sentenced to imprisonment between three to seven years and fined; huge amount, liable to up to seven years in prison and a fine.
    "Violating the provisions of forestry law, deforestation or other trees, large number, Office for three years, criminal detention or control, and Department or penalties; huge amounts, shall be sentenced to imprisonment between three to seven years and fined.
    "Illegal acquisition, transport knows to be illegal logging and deforestation of the forest, in serious cases, 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. "Illegal logging, deforestation national nature reserves within the forest or Woods, a heavier punishment.
    "Eight, and will criminal No. 399 article modified for:" judicial staff bending, and practise favoritism, on knows is innocence of people and makes he by prosecution, and on knows is guilty of people and deliberately shield not makes he by prosecution, or in criminal trial activities in the deliberately against facts and legal for pervert referee of, at five years following shall be sentenced to or criminal detention; plot serious of, at five years above ten years following shall be sentenced to; plot special serious of, at 10 years above shall be sentenced to.
    "Intentional violation of civil and administrative trials facts and legal judgments, in serious cases, to five years ' imprisonment or criminal detention; the circumstances are especially serious, shall be sentenced to imprisonment between five to ten years.
    "In implementation judgment, and ruled activities in the, serious not responsible or abuse, not law take litigation preservation measures, and not perform statutory implementation duties, or illegal take litigation preservation measures, and forced implementation measures, led party or other people of interests suffered major loss of, at five years following shall be sentenced to or criminal detention; led party or other people of interests suffered special major loss of, at five years above ten years following shall be sentenced to. "Judicial staff to accept bribes, there are acts of the preceding three paragraphs, but also constitutes a crime prescribed in this Law Article No. 385, according to the heavier punishment shall be convicted and punished. "Nine, these amendments come into force on the date of promulgation.