In view of the fact that currently criminal activities in the economic
field, such as smuggling, arbitrage and speculation for exorbitant profits,
theft of public property, theft and sale of precious cultural relics and
extortion and acceptance of bribes are rampant, seriously jeopardizing the
cause of the country’s socialist construction and the interests of the people,
and in order to deal firm blows to such criminal activities and severely
punish the criminals and those state functionaries who have participated in,
shielded or connived at these criminal activities, it is necessary to
appropriately supplement or amend some relevant provisions of the Criminal Law
of the People’s Republic of China. It is hereby decided as follows:

    1. The following supplementations and amendments shall be made with
regard to the relevant provisions of the Criminal Law:

    (1) With respect to the crimes of smuggling, arbitrage and speculation
for exorbitant profits mentioned in Article 118 of the Criminal Law, of theft
mentioned in Article 152, of sale of narcotics mentioned in Article 171, and
of secretly transporting precious cultural relics for export mentioned in
Article 173, penalties are respectively supplemented or revised as fellows:
When the circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years, life
imprisonment or death, and he may in addition be sentenced to confiscation
of property.

    State functionaries who take advantage of their office to commit the
crimes listed in the preceding paragraph, when the circumstances are
especially serious, shall be given a heavier punishment in accordance with
the provisions of the preceding paragraph. State functionaries referred to in
this Decision include personnel working in state organs of power at all
levels, administrative organs at all levels, judicial organs at all levels,
the armed forces, state enterprises and state institutional organizations, and
other personnel of all types who are engaged in public service according to
law.

    (2) With respect to the crime of acceptance of bribes mentioned in
Paragraphs 1 and 2, Article 185 of the Criminal Law, the following revisions
are made: Any state functionary who extorts or accepts bribes shall be
punished as for the crime of embezzlement mentioned in Article 155 of the
Criminal Law; when the circumstances are especially serious, he shall be
sentenced to life imprisonment or death.

    (3) State functionaries, regardless of whether or not they are judicial
functionaries, who take advantage of their office to protect or shelter
criminals as provided in Items (1) and (2) of this Article, concealing and
covering up the facts of their crimes, shall all be punished in accordance
with Article 188 of the Criminal Law for malpractices from selfish motives.

    Relatives of state functionaries, or state functionaries who have already
left office, who commit the above crimes shall be punished in accordance
with Paragraph 2, Article 162 of the Criminal Law for the crime of protecting criminals.

    Whoever destroys criminal evidence or fabricates false evidence in
favour of the above-mentioned criminals shall be punished in accordance
with Article 148 of the Criminal Law for the crime of giving false evidence.

    Whoever carries on obstructive actions, threats or retaliatory attacks
against law enforcement personnel and persons who expose, accuse and give
testimony shall be punished in accordance with Article 157 of the Criminal
Law for the crime of obstructing the administration of public order or
Article 146 for the crime of retaliation or frame-ups.

    Whoever conspires with the criminals listed in Items (1) and (2) of this
Article, before committing the crimes listed in the preceding four paragraphs,
shall be punished as for a joint crime.

    (4) In cases where state functionaries with the responsibility for
investigation do not handle criminals listed in Items (1), (2) and (3) of this
Article according to law: or if they do not perform the investigatory
obligations stipulated by law because they are thwarted; and in cases where
personnel directly in charge who know the circumstances of criminals and
of the facts of crimes, or the personnel with sole knowledge of these
circumstances, do not report the cases according to law and do not give
testimony truthfully, they shall be punished respectively according to the
crimes of dereliction of duty specified in Articles 187, 188 and 190 of the
Criminal Law.

    2. This Decision shall be implemented as of April 1, 1982.

    In cases of crimes committed before the date of implementation of this
Decision, if the offender voluntarily surrenders before May 1 , 1982 or, if
having already been arrested, he truthfully confesses all his crimes before
May 1, 1982, and in addition brings truthful accusations with respect to the
facts of crimes of other criminals, he shall be dealt with in accordance with
the relevant provisions of law before the implementation of this Decision.
In cases where the offender, before May 1, 1982, continues to conceal the
crimes he has committed, refusing to surrender voluntarily, or refuses to
confess all his crimes, and also does not bring accusations with respect to
the crimes of other criminals, he shall be taken as continuing to commit
crimes and shall be dealt with in accordance with this Decision.

    Article 118  Whoever makes a regular business of smuggling or speculation,
smuggles or speculates in huge amounts or is the ringleader of a
group that smuggles or speculates shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years, and may
concurrently be sentenced to confiscation of property.

    Article 152  A habitual thief or habitual swindler or anyone who
steals, swindles or forcibly seizes a huge amount of public or private
property, shall be sentenced to fixed-term imprisonment of not less than five
years and not more than ten years; if the circumstances are especially
serious, he shall be sentenced to fixed-term imprisonment of not less than
ten years or life imprisonment, and may concurrently be sentenced to
confiscation of property.

    Article 171  Whoever manufactures, sells or transports opium, heroin,
morphine or other narcotic drugs shall be sentenced to fixed-term imprisonment
of not more than five years or criminal detention, and may concurrently be
sentenced to a fine.

    Whoever manufactures, sells or transports the narcotic drugs mentioned
in the preceding paragraph continually or in large quantities shall be
sentenced to fixed-term imprisonment of not less than five years, and may
concurrently be sentenced to confiscation on of property.

    Article 173  Whoever, in violation of the laws and regulations on
protection of cultural relics, secretly transports precious cultural relics
for export shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years, and may concurrently be sentenced to
a fine; if the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life imprisonment,
and may concurrently be sentenced to confiscation of property.

    Article 185  Any state functionary who takes advantage of his office
to accept bribes shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention. The funds or articles that he received
as bribes shall be confiscated, and public funds or articles shall be
recovered.

    Whoever commits the crime mentioned in the preceding paragraph and
causes the interests of the state or citizens to suffer serious losses shall
be sentenced to fixed-term imprisonment of not less than five years.

    Whoever offers or introduces a bribe to a state functionary shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention.

    Article 155  Any state functionary who takes advantage of his office
to embezzle public property shall be sentenced to fixed-term imprisonment
of not more than five years or criminal detention; if the amount involved
is huge and the circumstances are serious, he shall be sentenced to fixed-
term imprisonment of not less than five years; if the circumstances are
especially serious, he shall be sentenced to life imprisonment or death.

    For the crime mentioned in the preceding paragraph, the offender shall
be sentenced concurrently to confiscation of property or ordered to make
restitution or compensation.

    If any person entrusted by state organs, enterprises, institutions or
people’s organizations to perform public duties commits the crime mentioned
in the first paragraph of this Article, he shall be punished in accordance
with the provisions of the two preceding paragraphs.

    Article 188  Any judicial functionary who engages in malpractices for
the benefit of his friends and subjects to prosecution a person he clearly
knows to be innocent and intentionally protects from prosecution a person
he clearly knows to be guilty, or intentionally twists the law, confounding
right and wrong, when rendering judgments or orders, shall be sentenced to
fixed-term imprisonment of not more than five years, criminal detention or
deprivation of political rights; if the circumstances are particularly
serious, he shall be sentenced to fixed-term imprisonment of not less than
five years.

    Article 162  Whoever harbours counterrevolutionaries or gives false
evidence to protect them shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public
surveillance; if the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years.

    Whoever harbours other criminals or gives false evidence to protect
them shall be sentenced to fixed-term imprisonment of not more than two
years, criminal detention or public surveillance; if the circumstances are
serious, the offended shall be sentenced to fixed-term imprisonment of not
less than two years and not more than seven years.

    Conspirators to a crime mentioned in the two preceding paragraphs
shall be punished as for a joint crime.

    Article 148  If, during an investigation or trial, any witness, expert
witness, recorder or interpreter intentionally gives false evidence or makes
a false expert evaluation, record or translation concerning circumstances
that bear an important relation to a case, in order to frame another person
or conceal criminal evidence, shall be sentenced to fixed-term imprisonment
of not more than two years or criminal detention; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less than
two years and not more than seven years.

    Article l57  Whoever by means of force or threat obstructs a state
functionary from carrying out his functions according to law or refuses to
carry out legally effective judgments or orders of people’s courts shall be
sentenced to fixed-term imprisonment of not more than three years, criminal
detention, a fine or deprivation of political rights.

    Article l46  Any state functionary who abuses his power, using his
public office for private gain, in order to retaliate against or frame
complainants, petitioners or critics shall be sentenced to fixed-term
imprisonment of not more than two years or criminal detention; if the
circumstances are serious, he shall be sentenced to fixed-term imprisonment
of not less than two years and not more than seven years.

    Article 187  Any state functionary who, because of neglect of duty,
causes public property or the interests of the state and the people to suffer
heavy losses shall be sentenced to fixed-term imprisonment of not more than
five years or criminal detention.

    Article 190  Any judicial functionary who releases a criminal without
authorization shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention; if the circumstances are serious, he
shall be sentenced to fixed-term imprisonment of not less than five years
and not more than ten years.