The National People’s Congress Order of the President of the People’s Republic of China No.83 The Criminal Law of the People’s Republic of China has been revised at the Second Session of the Fifth National People’s Congress President of the People’s Republic of China: Jiang Zemin March 14, 1997 Criminal Law of the People’s Republic of China ContentsPart 1 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 2 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 1 General Provisions Chapter I The Tasks, Basic Principles and Scope of Application of the Criminal Law Article 1 This Law is formulated with a view to punishing crimes and protecting the people, and in accordance with the Constitution, and in Article 2 The tasks of the Criminal Law of the People’s Republic of China are to use criminal punishments to fight against all criminal acts Article 3 Where an act is expressly defined in laws as a criminal act, it shall be determined and punished as a criminal act in accordance with Article 4 Anyone who commit a crime shall be equal in applying the law. No one is privileged to be beyond the law. Article 5 The lightness or heaviness of the punishments shall be in accordance with the criminal acts and the criminal responsibility of the Article 6 This Law is applicable to anyone who commits a crime within the territory of the People’s Republic of China, unless the case is covered This Law is also applicable to anyone who commits a crime on board a ship or an aircraft of the People’s Republic of China. If the criminal act or its consequence takes place within the territory of the People’s Republic of China, the crime shall be deemed Article 7 This Law is applicable to the citizens of the People’s Republic of China who commit crimes prescribed in this Law outside the territory This Law is applicable to state functionaries and servicemen of the People’s Republic of China who commit crimes outside the territory Article 8 This Law may be applicable to any foreigner who commits a crime outside the territory of the People’s Republic of China, against the Article 9 This Law is applicable to the crimes prescribed in the international treaties concluded or acceded to by the People’s Republic of Article 10 If any person commits a crime outside the territory of the People’s Republic of China for which according to this Law he would bear Article 11 The criminal responsibility of foreigners who enjoy diplomatic privileges and immunities shall be resolved through diplomatic channels. Article 12 If an act committed after the founding of the People’s Republic of China and before the entry into force of this Law was not deemed The effective judgments made in accordance with the laws in force at that time before the entry into force of this Law, shall keep Chapter II Crimes Section 1 Crimes and Criminal Responsibility Article 13 A crime refers to an act that endangers the sovereignty and territorial integrity and security of the state; dismembers the state Article 14 An intentional crime refers to a crime committed by a person who clearly knows that his act will produce socially dangerous consequences Criminal responsibility shall be borne for intentional crimes. Article 15 A negligent crime refers to a crime committed by a person who should have foreseen that his act would possibly produce socially dangerous Criminal responsibility shall be borne for negligent crimes only when the law so provides. Article 16 If an act in fact results in harmful consequences due to unavoidable or unforeseeable causes rather than intent or negligence, it Article 17 Any person who has reached the age of 16 and who commits a crime shall bear criminal responsibility. Any person who has reached the age of 14 but not the age of 16 and who commits homicide, intentionally injuring another person resulting Any person who has reached the age of 14 but not the age of 18 and who commits a crime shall be given a lighter or mitigated punishment. If a person is not punished because he has not reached the age of 16, the head of his family or his guardian shall be ordered to discipline Article 18 If a mental patient causes dangerous consequences at a time when he is unable to recognize or control his own conduct, and such a Any person whose mental illness is of an intermittent nature shall bear criminal responsibility if he commits a crime when he is in Any mental patient who does not lose completely the ability to recognize or control his own conduct and commits a crime shall bear Any intoxicated person who commits a crime shall bear criminal responsibility. Article 19 Any deaf-mute or blind person who commits a crime may be given a lighter or mitigated punishment or be exempted from punishment. Article 20 Where a person conducts an act to stop an unlawful infringement in order to avert an immediate and unlawful infringement of the state’s Criminal responsibility shall be borne if justifiable defence apparently exceeds the limits of necessity and causes serious harm; Where a defence is conducted to an immediate violent crime of committing physical assault, committing homicide, robbery, rape, kidnapping, Article 21 Criminal responsibility shall not be borne for an act that a person is compelled to commit in an emergency to avert an immediate danger Criminal responsibility shall be borne if an act committed in an emergency to avert danger exceeds the limits of necessity and causes The provisions of the first paragraph of this Article with respect to averting danger to oneself shall not apply to a person who is Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation of a Crime Article 22 Preparation for a crime refers to the preparation of the instruments or the creation of the conditions for a crime. An offender who prepares for a crime may, in comparison with one who completed the crime, be given a lighter or mitigated punishment Article 23 A criminal attempt refers to a case where an offender has already begun to commit a crime but is prevented from completing it for An offender who attempts to commit a crime may, in comparison with one who completed the crime, be given a lighter or mitigated punishment. Article 24 Discontinuation of a crime refers to cases where, in the process of committing a crime, the offender voluntarily quits continuing Where an offender who discontinues a crime and causes no harm, exempted from punishment shall be given; where an offender causes harm, Section 3 Joint Crimes Article 25 A joint crime refers to an intentional crime committed by two or more persons jointly. A negligent crime committed by two or more persons jointly shall not be punished as a joint crime; those who should bear criminal Article 26 A principal criminal refers to any person who organizes and leads a criminal group in carrying out criminal activities or plays a A criminal group refers to any relatively stable criminal organization which is composed of more than three persons for the purpose A ringleader who organizes and leads a criminal group shall be given a punishment according to all the crimes the group has committed. A principal criminal unless otherwise stipulated in the third paragraph shall be given a punishment according to all the crimes that Article 27 An accomplice refers to any person who plays a secondary or auxiliary role in a joint crime. An accomplice shall be given a lighter or mitigated punishment or be exempted from punishment. Article 28 A person who is compelled to participate in a crime shall, according to the circumstances of his crime, be given a mitigated punishment Article 29 A person who instigates others to commit a crime shall be punished according to the role he has played in the joint crime. Anyone If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment. Section 4 Crimes Committed by a Unit Article 30 A company, enterprise, institution, organ, or public organization that conducts an act harmful to society, where such an act is stipulated Article 31 A unit which commits a crime shall be punished with a fine, and the person(s) directly in charge and other person(s) directly involved Chapter III Punishments Section 1 Types of Punishments Article 32 Punishments are divided into principal punishments and supplementary punishments. 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 to a foreigner who commits a crime. Article 36 If a victim has suffered economic losses as a result of a crime, the criminal shall, in addition to receiving a criminal sanction If a criminal who bears civil responsibility and is punished with a fine in the meantime, has no enough property to pay off, or is Article 37 If the circumstances of a person’s crime are minor and do not require punishment, he may be exempted from criminal sanctions; however, Section 2 Public Surveillance(*1) Article 38 The term of public surveillance shall not be less than three months and not more than two years. Where a criminal is sentenced to public surveillance, his sentence shall be executed by a public security organ. Article 39 A criminal who is sentenced to public surveillance must observe the following rules during the term in which his sentence is being (1) observe laws and administrative regulations, submit to supervision; (2) forbidden to exercise the rights of freedom of speech, of the press, of assembly, of association, of procession and of demonstration (3) report on his own activities according to the demand of the organ executing the public surveillance; (4) observe the stipulation on meeting with guests by the organ executing the public surveillance; and (5) report and obtain approval from the organ executing public surveillance for departure from the county or city where he lives or change Criminals sentenced to public surveillance shall, while engaged in labour, receive equal pay for equal work. Article 40 Upon the expiration of a term of public surveillance, the executing organ shall immediately announce the termination of public surveillance Article 41 A term of public surveillance shall be counted from the date the judgment begins to be executed; if the criminal is held in custody Section 3 Criminal Detention Article 42 A term of criminal detention shall not be less than 1 months and not more than 6 months. Article 43 Where a criminal is sentenced to criminal detention, his sentence shall be executed by the public security organ in the vicinity. During the period of execution, a criminal sentenced to criminal detention may go home for one to two days each month; an appropriate Article 44 A term of criminal detention shall be counted from the date the judgment begins to be executed; if the criminal is held in custody Section 4 Fixed-Term Imprisonment and Life Imprisonment Article 45 A term of fixed-term imprisonment, unless otherwise stipulated in Article 50 and Article 69 , shall not be less than 6 months and Article 46 A criminal sentenced to fixed-term imprisonment or life imprisonment shall serve his sentence in prison or another place for execution. Article 47 A term of fixed-term imprisonment shall be counted from the date the judgment begins to be executed; if the criminal is held in custody Section 5 The Death Penalty Article 48 The death penalty shall only be applied to criminals who have committed the most heinous crimes. If the immediate execution of a criminal All death sentences except for those that according to law should be decided by the Supreme People’s Court, shall be submitted to Article 49 The death penalty shall not be imposed on persons who had not reached the age of 18 at the time the crime was committed or to women Article 50 If a person sentenced to death with a suspension of execution does not commit an intentional crime during the period of suspension, Article 51 The term of suspension of execution of a death penalty shall be counted from the date the judgment becomes final. The term of a fixed-term Section 6 Fines Article 52 The amount of any fine imposed shall be determined according to the circumstances of the crime. Article 53 A fine may be paid in a lump sum or in installments within the time limit specified in the judgment. If a fine is not paid upon the Section 7 Deprivation of Political Rights Article 54 Deprivation of political rights refers to deprivation of the following rights: (1) the right to vote and to stand for election; (2) the rights of freedom of speech, of the press, of assembly, of association, of procession, and of demonstration; (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 enterprise, institution or people’s organization. Article 55 A term of deprivation of political rights shall not be less than one year and not more than five years, except as stipulated in Article If a person sentenced to public surveillance is deprived of political rights as a supplementary punishment, the term of deprivation Article 56 Criminals who commit crimes of endangering the state security shall be sentenced to deprivation of political rights as a supplementary If deprivation of political rights is imposed independently, stipulation of the Specific Provisions of this Law shall be applied. Article 57 Criminals who are sentenced to death or to life imprisonment shall be deprived of political rights for life. If a death penalty with a suspension of execution is commuted to a fixed-term imprisonment, or a life imprisonment is commuted to Article 58 A term of deprivation of political rights as a supplementary punishment shall be counted from the date on which imprisonment or criminal Criminals who are sentenced to deprivation of political rights shall observe laws and administrative regulations and relevant stipulations Section 8 Confiscation of Property Article 59 Confiscation of property refers to the confiscation of part or all of the property personally owned by a criminal. When all of the When a sentence of confiscation of property is imposed, property that the criminal’s family members own or should own shall not be Article 60 If it is necessary to use a confiscated property to repay legitimate debts that the criminal incurred before his property is confiscated, Chapter IV The Concrete Application of Punishments Section 1 Sentencing Article 61 When sentencing a criminal, a punishment shall be imposed based on the facts, nature and circumstances of the crime, the degree of Article 62 In cases where the circumstances of a crime call for a heavier or a lighter punishment under the provisions of this Law, the criminal Article 63 In cases where the circumstances of a crime call for a mitigated punishment under the provisions of this Law, the criminal shall be Even if the circumstances of a crime do not warrant a mitigated punishment under the provisions of this Law, the criminal may, upon Article 64 All property illegally obtained by a criminal shall be recovered, or compensation shall be ordered. Legal property of the victim shall Section 2 Recidivists Article 65 If a criminal commits another crime punishable by fixed-term imprisonment or heavier penalty within five years after serving his sentence For criminals who are paroled, the period stipulated in the preceding paragraph shall be counted from the date the parole expires. Article 66 A criminal who has committed a crime of endangering the state’s security at any time after serving his sentence or receiving a pardon Section 3 Voluntary Surrender and Rendering Meritorious Service Article 67 Voluntary Surrender refers to the case that anyone who voluntarily surrenders himself to a judicial organ after committing a crime, If a suspected criminal or defendant under compulsory measure or criminal who serves a sentence truthfully confesses his other crimes Article 68 A criminal who is verified that he discloses another person’s crime, or provides key clues that lead to solve another case or renders Those who not only conducts voluntary surrender but also renders great meritorious service shall be given a lighter punishment or Section 4 Combined Punishment for Several Crimes Article 69 For a criminal who commits several crimes before a judgment is pronounced, unless he is sentenced to death or life imprisonment, his If among the crimes there are any for which a supplementary punishment is imposed, the supplementary punishment must still be executed. Article 70 If after a judgment has been pronounced but before the punishment has been completely executed it is discovered that b
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