People's Republic of China order of the President of the 30th, the People's Republic of China criminal law amendment (I) by the People's Republic of China adopted at the 12th session of the Standing Committee of the national people's Congress, the 16th meeting on August 29, 2015, are hereby promulgated and, as of November 1, 2015.
　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　
People's Republic of China President XI August 29, 2015 People's Republic of China criminal amendment (nine) (August 29, 2015 12th session national people's Congress Standing Committee 16th times Conference through) a, and in criminal 37th article Hou increased a article, as 37th article one of: "for using career convenience implementation crime, or implementation against career requirements of specific obligations of crime was sentenced to penalty of, court can according to crime situation and prevention again crime of need, ban its since penalty implementation finished of day

Or parole date in related occupations, for a period of three to five years.

"Persons are prohibited from engaging in related employment decision against the people's Court in accordance with the provisions of the preceding paragraph, the public security organs shall be punished; the circumstances are serious, in accordance with the provisions of law No. 313 convicted and punished. "Other laws and administrative regulations to pursue related careers other prohibition or the restrictive provisions from its provisions. "II, and will criminal 50th article first paragraph modified for:" sentenced to death penalty suspended implementation of, in death penalty suspended implementation during, if no deliberately crime, II years expires yihou, reduction for life imprisonment; if does have major meritorious service performance, II years expires yihou, reduction for 25 years shall be sentenced to; if deliberately crime, plot bad of, reported to the Supreme People's Court approved Hou implementation death penalty; for deliberately crime not implementation death penalty of, death penalty suspended implementation of during again calculation, and reported Supreme People's court record. "Third, the 53rd of the criminal law is revised as follows:" the fine within the time limit specified in the judgment or made in installments. Expiration does not pay, forced to pay.

For those unable to pay the fine, the people's Court found that the person subjected to execution can perform at any time property, should always be recovered. "Due to an irresistible disaster, has true difficulty in paying, ruled by the people's Court, you can defer the payment, reduced or waived. "Four, one paragraph is added as a second paragraph to article 69th:" among the crimes punishable by imprisonment and detention, execution in prison. Among the crimes are sentenced and control, or criminal detention or public surveillance, after the completion of fixed-term imprisonment, criminal detention, control must still be executed.

"The original second paragraph as paragraph.

Article 120th five, be modified to: "organizations, the leadership of a terrorist organization, and sentenced to ten years imprisonment or life imprisonment and confiscation of property actively participate, shall be sentenced to imprisonment between three to ten years and a fine; other participants, to three years imprisonment, criminal detention, control or deprivation of political rights, and may also be fined. "The preceding paragraph the crime of homicide, explosion, kidnapping and other crimes, shall be punished and punished as such.

"One of the six, the criminal law section 120th is revised as follows:" terrorist organizations, terrorist individuals or terrorist training, five years imprisonment, criminal detention, control or deprivation of political rights and fined for serious cases, imprisonment of at least five years, and a fine or confiscation of property.

"For terrorist organizations, terrorist activities or terrorist training, recruitment, movement of personnel, 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. "Seven, and in criminal 120th article one of Hou increased five article, as 120th article of II, and 120th article of three, and 120th article of four, and 120th article of five, and 120th article of six:" 120th article of II has following case one of of, at five years following shall be sentenced to, and criminal detention, and control or deprived civil, and punishment gold; plot serious of, at five years above shall be sentenced to, and at fine or confiscated property: "(a) for implementation terrorist activities prepared weapon, and Of dangerous goods or other means "(b) training of Organization training or actively participated in terrorist activities" (c) for implementation of contact with a foreign terrorist organization or terrorist activities "(d) to implement the planning or preparation of terrorist activities.

"The behavior of the preceding paragraph, constitute other crimes, in accordance with a heavier punishment shall be convicted and punished.

"120th article of three to making, and distributed promote terrorism, and extreme doctrine of books, and audio video information or other items, or through taught, and released information, way promote terrorism, and extreme doctrine of, or incitement implementation terrorist activities of, at five years following shall be sentenced to, and criminal detention, and control or deprived civil, and punishment gold; plot serious of, at five years above shall be sentenced to, and at fine or confiscated property.

"120th article of four using extreme doctrine incitement, and stress masses damage national legal established of marriage, and judicial, and education, and social management, system implementation 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 punishment gold; plot special serious of, at seven years above shall be sentenced to, and at fine or confiscated property.

"The 120th five to violence, intimidation or any other means to force others in public places wearing apparel, flags, worn to promote terrorism, extremism, and three years imprisonment, criminal detention or control, and a fine. "Six of the 120th knowingly advocating terrorism or extremism in books, audio and video materials or other goods and the illegal possession, if the circumstances are serious, to three years imprisonment, criminal detention or public surveillance, or be fined.

"Eight, and will criminal 133th article one of modified for:" in road Shang driving motor vehicle, has following case one of of, at criminal detention, and at fine: "(a) Chase competing drove, plot bad of;" (ii) drunk driving motor vehicle of; "(three) engaged in school car business or passenger transport, serious over rated crew passenger, or serious over provides speed driving of;" (four) violation dangerous chemicals security management provides transport dangerous chemicals, endanger public security of.

"Motor vehicle owners, managers, the preceding paragraph directly responsible, the fourth Act, in accordance with the provisions of the preceding paragraph. "There are acts of the preceding two paragraphs, constitute other crimes, in accordance with a heavier punishment shall be convicted and punished. "151th article nine, criminal law is revised as follows:" 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 and confiscation of property; minor, shall be sentenced to imprisonment between three to seven years and fined. "Ten and the 164th amendment of article of the criminal law as:" to seek illegitimate interests, giving staff to property companies, enterprises or other units, a relatively large amount, to three years ' imprisonment or criminal detention, fined; huge amount, shall be sentenced to imprisonment between three to ten years and a fine. "Plenary, and will criminal 170th article modified for:" forged currency of, at three years above ten years following shall be sentenced to, and punishment gold; has following case one of of, at ten years above shall be sentenced to or life imprisonment, and at fine or confiscated property: "(a) forged currency group of primary molecular;" (ii) forged currency amounts special huge of; "(three) has other special serious plot of.

"12, by deleting article 199th.

13, article No. 237 of the code is revised as follows: "by means of violence, coercion or any other coercive indecency and insulting offence against female, five years ' imprisonment or criminal detention.

"Gathering publicly committed crime in the preceding paragraph or in a public place, or if there are other bad circumstances, imprisonment of at least five years. "Child molestation, in accordance with the provisions of the preceding two paragraphs shall be given a heavier punishment. "14, modified the second paragraph of Article No. 239 of the code to: the" committed crime in the preceding paragraph, killed the abducted person, or deliberately harm an abducted person, resulting in serious injury, death, life imprisonment or the death penalty and confiscation of property. "XV, article No. 241 of the code the sixth paragraph is amended as:" whoever buys an abducted woman or child, to buy child abuse, not hinder rescue may be given a lighter punishment according to buy women's wishes, no obstacles to their return to their original place of residence, be given a lighter or mitigated punishment. "In article 16, No. 246 of the criminal law as a third paragraph is added:" through the implementation of the provisions of the first paragraph of information networks, victims tell a suit before, but there is difficulty in providing evidence of the Court may request the police to provide assistance.

"17, one of Article No. 253 is amended as:" in violation of the relevant provisions of, sell or provide personal information to others, 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.

"In violation of the relevant provisions, in the performance of their duties or in the course of providing services access to citizens ' personal information, sell or provide to others, in accordance with the provisions of the preceding paragraph a heavier punishment.

"Stolen or otherwise illegally obtained personal information, in accordance with the provisions of the first paragraph. "Guilty of the preceding three 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. "Criminal law article No. 260, paragraph 18, be modified to:" the first crime, telling, but the victim is incapable of telling, or as a result of coercion or intimidation cannot tell otherwise.

"Article 19, article No. 260 of the code after the addition of a, as one of Article No. 260:" minors, the elderly, the sick, the disabled, such as custody, care duty abuse of people in custody, care, aggravated, to three years ' imprisonment or criminal detention.

"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. "First paragraph, constitute other crimes, in accordance with a heavier punishment shall be convicted and punished. "20, and will criminal No. 267 article first paragraph modified for:" Rob public-private property, amounts larger of, or times Rob 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 ten years above shall be sentenced to or life imprisonment, and at fine or confiscated property. "21, one paragraph is added as the fifth paragraph to Article No. 277 of the code:" violence is police perform their duties according to law, in accordance with the provisions of the first paragraph be punished.

"22, article No. 280 of the code is revised as follows:" forging, altering, buying or stealing, looting and destroying official documents, certificates and seals of Office for three years, criminal detention, control or deprivation of political rights and fined; the circumstances are serious, shall be sentenced to imprisonment between three to ten years and a fine.

"Forging the seal of the company, Enterprise, institution or people's organization, to three years imprisonment, criminal detention, control or deprivation of political rights and fined. "Forging, altering, buying identity cards, passports, social security cards, driver's license and other legal documents can be used to prove identity, to three years imprisonment, criminal detention, control or deprivation of political rights and fined; the circumstances are serious, shall be sentenced to imprisonment between three to seven years and fined.

"After 23 Article No. 280, in the criminal code an article shall be added as Article No. 280:" in accordance with national provisions should provide proof of identity of the activities, use of forged, altered or steal other people's identity cards, passports, social security cards, driver's licenses and other legal documents can be used to prove identity, in serious cases, criminal detention or public surveillance, or be fined.

"The behavior of the preceding paragraph, constitute other crimes, in accordance with a heavier punishment shall be convicted and punished.

24, article No. 283 of the code is revised as follows: "the illegal production and sale of any specialized espionage equipment or equipment for eavesdropping or secret photographing, sentenced to three years imprisonment, criminal detention or control, and Department or penalties; the circumstances are serious, shall be sentenced to imprisonment between three 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.

"25, article No. 284 of the code after the addition of a section one of Article No. 284:" in the State examination in law, organized cheating, to three years ' imprisonment or criminal detention, or be fined; the circumstances are serious, shall be sentenced to imprisonment between three to seven years and fined.

"For others to commit crime in the preceding paragraph to provide equipment or other help to cheat, in accordance with the provisions of the preceding paragraph.

"For the Act of cheating, to illegally sell or provide exam questions and answers provided in the first paragraph, in accordance with the provisions of the first paragraph. "On behalf of others or let others instead of themselves to participate in the examination of the provisions of the first paragraph, criminal detention or public surveillance, or be fined. "26, adding a paragraph in the article No. 285 of the code as a fourth paragraph:" guilty of the preceding three 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. "27, adding a paragraph in the article No. 286 of the code as a fourth paragraph:" guilty of the preceding three 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. "28, and in criminal No. 286 article Hou increased a article, as No. 286 article one of:" network service provides who not perform legal, and administrative regulations provides of information network security management obligations, by regulatory sector ordered take corrected measures and refused to corrected, has following case one of of, at three years following shall be sentenced to, and criminal detention or control, and at or single at fine: "(a) led illegal information large spread of;" (ii) led user information leaked, caused serious consequences of; "

(C) loss of evidence in criminal cases, serious circumstances "(d) other serious circumstances.

"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, constitute other crimes, in accordance with a heavier punishment shall be convicted and punished. "29, and in criminal No. 287 article Hou increased II article, as No. 287 article one of, and No. 287 article of II:" No. 287 article one of using information network implementation following behavior one of, plot serious of, at three years following shall be sentenced to or criminal detention, and at or single at fine: "(a) established for implementation fraud, and taught Crime method, and making or sales prohibited items, and control items, illegal crime activities of website, and communications group of; (ii) released about making or sales drug, and

Firearms, pornographic material and other prohibited items, controlled substances, or other criminal information "(c) published information to commit fraud and other illegal activities.

"Guilty of 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 first paragraph.

"There are acts of the preceding two paragraphs, constitute other crimes, in accordance with a heavier punishment shall be convicted and punished.

"No. 287 bis knowingly committing a crime through information network, which provides Internet access, server hosting, network, storage, communications and other technical support, or provide help such as advertising, payment, if the circumstances are serious, to three years ' imprisonment or criminal detention, or be fined.

"Guilty of 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 first paragraph. "There are acts of the preceding two paragraphs, constitute other crimes, in accordance with a heavier punishment shall be convicted and punished. "30, and will criminal No. 288 article first paragraph modified for:" violation national provides, unauthorized set, and using radio (station), or unauthorized using radio frequency, interference radio communications order, 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. "Criminal law No. 290, paragraph 31, be modified to:" assembling a crowd to disrupt social order, if the circumstances are serious, resulting in work, teaching, scientific research, production, business and health care cannot be, resulting in serious losses, the ringleaders, shall be sentenced to imprisonment between three to seven years; others to participate actively, to three years imprisonment, criminal detention, control or deprivation of political rights.

"The second paragraph is added as the third and fourth paragraphs:" repeatedly to disrupt State working order, after administrative punishment is still not corrected, resulting in serious consequences, to three years imprisonment, criminal detention or public surveillance. "Organized, financed illegally gathered, disturb social order, if the circumstances are serious, in accordance with the provisions of the preceding paragraph. "32, and in criminal No. 291 article one of in the increased a paragraph as second paragraph:" made up false of danger, and outbreak, and disaster, and police love, in information network or other media Shang spread, or knows is above false information, deliberately in information network or other media Shang spread, serious disrupt social order of, at three years following shall be sentenced to, and criminal detention or control; caused serious consequences of, at three years above seven years following shall be sentenced to.

"33, and will criminal No. 300 article modified for:" Organization, and using secret societies, and cult organization or using superstition damage national legal, and administrative regulations implementation of, at three years above seven years following shall be sentenced to, and punishment gold; plot special serious of, at seven years above shall be sentenced to or life imprisonment, and at fine or confiscated property; plot more light of, at three years following shall be sentenced to, and criminal detention, and control or deprived civil, and at or single at fine.

"Organizations, the use of secret societies, cults or superstition deceive others, resulting in serious injury or death, in accordance with the provisions of the preceding paragraph. "Committed the first sin and adultery for women, deception offences, shall be punished and punished as such. "34, article No. 302 of the code is amended as:" the theft, insults and intentional destruction of carcasses, bones, ashes, to three years imprisonment, criminal detention or public surveillance.

"After 35, article No. 307 of the code add one, as one of Article No. 307:" based on fabricated facts to initiate civil action order, obstruction of Justice or seriously infringes the legitimate rights and interests, to three years imprisonment, criminal detention or control, and Department or penalties; the circumstances are serious, shall be sentenced to imprisonment between three 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.

"First Act, unlawful possession of property or evading legal obligations constitute other crimes, in accordance with a heavier punishment shall be convicted and punished. "The power of judicial staff, and others to implement the behavior of the preceding three paragraphs, heavier penalties constitute other crimes, in accordance with a heavier punishment shall be convicted and punished.

"36, an article shall be added after the article No. 308 of the code, as one of Article No. 308:" judicial staff, Defender or agent ad litem or other participants in the proceedings, disclosure law in cases heard in public information should not be exposed, public dissemination of information or other serious consequences are caused, to three years imprisonment, criminal detention or public surveillance, or be fined.

"The behavior of the preceding paragraph, disclosure of State secrets, in accordance with Article No. 398 of this law shall be convicted and punished.

"Public disclosure, reporting case information specified in the first paragraph, if the circumstances are serious, in accordance with the provisions of the first paragraph.

"Guilty of 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 first paragraph". 37, and will criminal No. 309 article modified for: "has following disrupt court order case one of of, at three years following shall be sentenced to, and criminal detention, and control or fine:" (a) mob give rise to, and impact Court of; "(ii) beat judicial staff or litigation participation people of;" (three) insult, and defamation, and threat judicial staff or litigation participation people, not listening to court stop, serious disrupt court order of; "(four) has destroyed court facilities, Rob, and damaged litigation instruments, and evidence, disrupt court order behavior, The circumstances are serious. "38, article No. 311 of the code is revised as follows:" knowingly spy crime, extremism or terrorism offences, judicial authorities to investigate the situation, collect the relevant evidence, refuses to provide it, in serious cases, sentenced to three years imprisonment, criminal detention or public surveillance.

"39, No. 313 of the criminal law is amended as:" the Court judgment or ruling to implement but refuses to do, if the circumstances are serious, to three years imprisonment, criminal detention or a fine the circumstances are especially serious, shall be sentenced to imprisonment between three 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. "40, and will criminal No. 322 article modified for:" violation country (side) border management regulations, cross country (side) border, plot serious of, at a years following shall be sentenced to, and criminal detention or control, and punishment gold; for participate in terrorist activities organization, and accept terrorist activities training or implementation terrorist activities, cross country (side) border of, at a years above three years following shall be sentenced to, and at fine. "People's Republic of China criminal amendment (nine) (3 full text finished) advertised time: 2015-08-3001:14:00 41, and will criminal No. 350 article first paragraph, and second paragraph modified for:" violation national provides, illegal production, and sale, and transport vinegar anhydride, and ether, and three chlorine methane or other for manufacturing drug of raw materials, and distribution agent, or carry above items inbound and outbound, plot more heavy of, at three years following shall be sentenced to, and criminal detention or control, and punishment gold; plot serious of,

Shall be sentenced to imprisonment between three to seven years and fined the circumstances are especially serious, imprisonment of seven years and a fine or confiscation of property. "Knowingly manufacture drugs for the production, trading, transporting the items prescribed in the preceding paragraph, be punished as an accomplice in making drugs.

"42, article No. 358 of the code is amended as:" the Organization, forcing others into prostitution, shall be sentenced to imprisonment between five to ten years and fined in serious cases, imprisonment of at least ten years or life imprisonment, and a fine or confiscation of property.

"Organizations, the forced prostitution of minors, in accordance with the provisions of the preceding paragraph a heavier punishment.

"Committed the crime of the preceding two paragraphs, and killing, injury, rape, kidnapping and other criminal acts, shall be punished and punished as such. "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.

"43, by deleting the second paragraph of Article No. 360 of the code.

44, No. 383 of the criminal law be amended as: "committed the crime of embezzlement, according to the circumstances, penalty shall be imposed in accordance with the following:" (a) large amount of corruption or other heavy plot, to three years ' imprisonment or criminal detention, fined.

"(B) the huge amount of corruption or other serious circumstances, shall be sentenced to imprisonment between three to ten years, and a fine or confiscation of property.

"(C) a huge amount of corruption or other serious circumstances, imprisonment of at least ten years or life imprisonment, and a fine or confiscation of property; a huge amount and great losses to the interests of the nation and people, to life imprisonment or the death penalty and confiscation of property.

"Repeatedly untreated, according to the accumulated amount of punishment of corruption.

"Committed the first sin, truthfully before the prosecution his crimes, sincere repentance, and actively tuizang, avoid, reduce the occurrence of damages, first paragraph, be given a lighter or mitigated punishment or be exempted from punishment; a second item, third item may be given a lighter punishment. "Committed crimes in the first paragraph, the third was sentenced to death penalty with a reprieve in the circumstances prescribed, the people's Court according to the circumstances of the crime, and so on can I decide on the death penalty with a reprieve after the expiry of two years to life imprisonment according to law, life imprisonment shall not be commuted or paroled.

"45, and will criminal No. 390 article modified for:" on made bribe crime of, at five years following shall be sentenced to or criminal detention, and punishment gold; for bribe seek not due interests, plot serious of, or makes national interests suffered major loss of, at five years above ten years following shall be sentenced to, and punishment gold; plot special serious of, or makes national interests suffered special major loss of, at ten years above shall be sentenced to or life imprisonment, and at fine or confiscated property. "People in front of the accused voluntarily confesses the bribery may be given a lighter or mitigated punishment. Among them, the lesser offenders, and played a key role in detecting significant cases or have major meritorious services, be given a mitigated punishment or be exempted from punishment. "46, and in criminal No. 390 article Hou increased a article, as No. 390 article one of:" for seek not due interests, to national staff of near relatives or other and the national staff relationship close of people, or to left of national staff or its near relatives and other with relationship close of people bribe of, at three years following shall be sentenced to or criminal detention, and punishment gold; plot serious of, or makes national interests suffered major loss of, at three years above seven years following shall be sentenced to, and at fine

The circumstances are especially serious or particularly serious losses to the interests of, seven to ten 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, to three years ' imprisonment or criminal detention, fined. "No. 391, paragraph 47, the Penal Code is revised as follows:" to seek illegitimate interests, State organs, State-owned company, Enterprise, institution or people's organization to the property, or economic activities, in violation of State regulations and giving kickbacks, various fees, to three years ' imprisonment or criminal detention, fined. "No. 392, paragraph 48, the Penal Code is revised as follows:" to the national staff on bribery, aggravated, to three years ' imprisonment or criminal detention, fined. "49, article No. 393 of the code is revised as follows:" to seek illegitimate interest by paying bribes, or in violation of State regulations, giving kickbacks, fee to a State functionary, if the circumstances are serious, be sentenced to a fine, and the managers directly responsible and other persons directly responsible, to five years ' imprisonment or criminal detention, fined. Due to the illegal proceeds of corruptly obtained personal, in accordance with the law No. 389, No. 390 of the rules shall be convicted and punished. "Article 50, No. 426 of the criminal law is revised as follows:" by means of violence or threat, obstructing a commanding officer on duty or on duty who perform their duties, to five years ' imprisonment or criminal detention; 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. Relative to a heavier punishment. "51, article No. 433 of the code is revised as follows:" relative to the pluck and shake the morale, three years in prison; the circumstances are serious, shall be sentenced to imprisonment between three to ten years the circumstances are especially serious, imprisonment of at least ten years or life imprisonment. "52, this amendment shall take effect on November 1, 2015.