People's Republic of China Criminal Law Amendment (9)

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法律来源:http://www.npc.gov.cn/npc/xinwen/lfgz/flca/2014-11/03/content_1885029.htm

The 11th meeting of the Standing Committee of the 12th National People's Congress performed initial review of this "People's Republic of China Criminal Law Amendment (9) (Draft)". The "People's Republic of China Criminal Law Amendment (9) (Draft)"is hereby released to the public on the Chinese National People's Congress website for collection of public comments. The public may directly login to the National People's Congress website to submit comments, and may also send comments by mail to the Legislative Affairs Commission of the Standing Committee of the National People's Congress (No. 1 Qianmen West Road, Xicheng District, Beijing 100805) [in Chinese: 北京市西城区前门西大街1号,邮编:100805] Please clearly indicate on the envelope that it is a comment on the draft Criminal Law Amendment.) Comments Deadline: December 3, 2014.

People's Republic of China Criminal Law Amendment (9)

1, Add one article after Criminal Law law article 37, as part of article of 37: "For those committing a crime facilitated by exploiting their office, or a crime contrary to particular requirements of their office, who are given a criminal punishment , the people's court may, on the basis of the circumstances of the crime and as need to prevent recidivism, restrict them from engaging in the relevant profession for five years beginning on the day that enforcement of the criminal punishment is completed or of parole."

"Where criminals prohibited from engaging in relevant professions violate a decision made by a people's court under the provisions of the proceeding paragraph, the public security organs will punish in accordance with law; where the circumstances are serious, follow Article 313 of this law to convict and punish.

"Where other laws or administrative provisions otherwise prohibit or restrict their engaging in relevant provisions, follow those provisions. "

2. Modify Criminal Law article 50, paragraph 1 to read: "Where a suspended death sentence is given, and if during the enforcement of the suspended sentence there are no intentional crimes, then at the completion of the two-year period, it is commuted to life imprisonment; if there is truly major meritorious contribution, then after the completion of the two-year period, it is commuted to 25 years imprisonment; if an intentional crime is committed, and the circumstances are heinous, carry out the death sentence after reporting to the Supreme People's Court for review and verification; where there is an intentional crime but the death penalty is not carried out, the period of the suspended death sentence is newly calculated and it is reported to the Supreme People's Court for recording. "

3. Modify Criminal Law article 53 to read: "Fines are to be paid in installments or a single a payment, within the period designated by the judgment. Where payment is not made by the completion of the period, compel payment. For those unable to pay the entire fine, whenever people's court discover that the person subject to enforcement has assets against which enforcement may be made, they shall press for payment at any time.

"Where payment is truly difficult due to reasons such as encountering an unavoidable disaster, upon a people's court's decision the period for payment may be extended, or a reduction or waiver given." "

4. Add a paragraph to Criminal Law article 69 as the second paragraph: "Where sentences of a prison term and short-term detention are given for several crimes, enforce the prison term. Where sentences of a prison term and controlled release, or for short-term detention and controlled release, the controlled release must still be enforced after enforcement of the prison term or short-term detention is completed. "

The former paragraph 2 will be paragraph 3.

5, Modify Criminal Law article 120 to read: "Those organizing or leading a terrorist organization shall be sentenced to ten or more years imprisonment or life imprisonment, and their property confiscated; those actively participating in a terrorist organization are given a sentence of between three and ten years imprisonment and a fine; other participants are given a sentence of up to three years imprisonment, short-term detention, controlled release or deprivation of political rights, and a concurrent fine may be given.

"Those committing the crimes in the preceding paragraph and also committing homicide, detonation of explosives, kidnapping or other crimes, are punished in accordance with provisions for combined punishment for multiple crimes. "

6, Add 4 articles following Criminal Law article 120a, to be articles 120b, 120c, 120d and 120e:

"Article 120(b): Advocating terrorism or extremism through methods such as producing materials, distributing materials, publishing information, or giving instruction in person, or by using audio/visual materials and information networks, or inciting the perpetration of violent terrorist activity; is sentenced to up to five years imprisonment, short-term detention, controlled release or deprivation of political rights and a concurrent fine; where circumstances are serious, the sentence is five or more years imprisonment and a concurrent fine or confiscation of property.

"Article 120(c): using extremism to incite or coerce the masses to undermine the implementation of legally established systems such as for marriage, justice, education or social management is sentenced to up to three years imprisonment and a concurrent fine; where circumstances are serious, the sentence is between three and seven years imprisonment and a conncurrent fine; where circumstances are especially serious, the sentence is seven or more years imprisonment and a concurrent fine or confiscation of property.

"Article 120(d): Carrying items, books or audiovisual materials advocating terrorism or extremism, where the circumstances are serious, is punished by up to three years imprisonment, short-term detention or controlled release and/or a fine.

Article 120(e) Refusing to provide investigating organs with related evidence while clearly knowing that others have terrorist activity or extremist criminal conduct, where the circumstances are serious, is sentenced to up to three years imprisonment, short-term detention or controlled release. "

7, Modify Criminal Law article 133a to read: Driving a motor vehicle in any of the following situations is given short-term detention and fined:

"(1) Racing, where circumstances are heinous;

"(2) Driving while intoxicated;

"(3) Engaging in passenger services on public roads, and driving while seriously exceeding the passenger occupancy limit or seriously exceeding the speed limit;

“(4) transporting hazardous chemicals in violation of provisions on safety management of hazardous chemicals.

"Where conduct described in the preceding paragraph comprises another crime at the same time, follow the provisions for the more serious of the crimes at trial and sentencing." "

8, Modify Criminal Law article 151 to read: Those smuggling weapons, ammunition or nuclear materials, or counterfeiting currency, are sentenced to a prison term of 7 years or more, and a fine or confiscation of property; where the circumstances are especially serious, a sentenced of life imprisonment and confiscation of property; and where the circumstances are relatively minor, a sentence of between 3 and 7 years imprisonment and a fine. "

9, Modify Criminal Law article 164, paragraph 1, to read: Those giving large amounts of money or property to the the staff of a company, enterprise or other unit for the purpose of obtaining an improper benefit are sentenced to up to three years imprisonment or short-term detention, and a fine; and where the amount is huge, a sentence of between 3 and 10 years imprisonment and a fine. "

10, Modify Criminal Law article 170 to read: "Those counterfeiting currency are sentenced to between 3 and 10 years imprisonment, and a fine; in any of the following circumstances, a sentence of more than ten years imprisonment or life imprisonment and a fine or confiscation of property:

"(1) The principle actor of a currency counterfeiting group;

"(2) counterfeiting an especially huge amount of currency;

"(3) Other especially serious circumstances. "

11. Article 199 of the Criminal Law is deleted.

12, Modify Criminal Law article 237 to read: "Those acting indecently against or insulting women by violence, coercion or other methods are sentenced to up to five years imprisonment or short-term detention.

Those assembling crowds to commit the crimes in the preceding paragraph, or doing so in a public place before the public, or having other heinous circumstances are sentenced to more than 5 years imprisonment.

"Where indecency is to children, follow the provisions of the preceding two paragraphs to give a heavy sentence. "

13, Modify Criminal Law article 241, paragraph 6 to read: Those buying a trafficked woman or child, and follow the wishes of the purchased woman and do not obstruct their returning to their original residence, or who have no abusive conduct towards a purchased child and do not obstruct their rescue, may be have a light or commuted sentence, or waive punishment. "

14, Add a paragraph to Criminal Law article 246 as the third paragraph: Where information networks are used to commit the conduct in paragraph 1 and a victim makes a complaint to a people's court, but truly has difficulty in providing evidence, the people's court may request that the public security organs provide assistance. "

15, Add a paragraph to Criminal Law article 251 as the second paragraph: Where methods such as violence or coercion are used to compel others to wear or adorn themselves with apparel or emblems promoting terrorism or extremism, it is punished in accordance with the provisions of the preceding paragraph. "

16, Modify Criminal Law article 253a to read: Violating national provisions to sell or provide others with citizens' personal information which they have obtained while performing professional duties is punished by up to three years imprisonment or short-term detention, and/or a fine.

Where citizens' personal information is stolen or illegally obtained through other means and the circumstances are serious, punishment is in accordance with the provisions of the preceding paragraph.

Selling or illegally providing personal information without obtaining a citizen's permission, where the circumstances are serious, is sentenced by up to two years imprisonment or short-term detention, and/or a fine.

Where a unit commits either of the crimes described in the preceding three paragraphs, the unit is fined, and the person in charge who is directly responsible and other directly responsible personnel are punished under the provisions of the applicable paragraphs. "

17, Modify Criminal Law article 260 paragraph 3 to read: Crimes in paragraph 1 are handled only upon complaint, except where the person being abused has no capacity to complain or cannot complain because they are under compulsion or threat. "

18, add one article after Criminal Law article 260, to article 260a: Persons with professional duty to watch over or care for juveniles, the elderly, the ill, persons with disabilities, or other such persons, who abuse the person they watch over or care for, and where the circumstances are heinous, are sentenced to up to three years imprisonment or short-term detention.

"Where conduct described in the preceding paragraph comprises another crime at the same time, follow the provisions for the more serious of the crimes at trial and sentencing." "

19, Modify Criminal Law article 267, paragraph 1, to read: "Theft of public or private property where the amount is relatively large or there are multiple thefts, is sentenced to up to three years imprisonment, short-term detention or controlled release and/or a fine; where the amount is huge or there are other serious circumstances, the sentence is between three and ten years imprisonment and a concurrent fine; where the amount is especially huge or there are other especially serious consequences, the sentence is 10 or more years imprisonment or life imprisonment, and a concurrent fine or confiscation of property. "

20, Modify Criminal Law article 280 paragraph 3 to read: "Counterfeiting, altering or trading in resident identification cards, passports, social security cards or driver's licenses, is sentenced to up to three years imprisonment, short-term detention, controlled release or deprivation of political rights; where circumstances are serious, the sentence is between three and seven years imprisonment. "

21, add one article after Criminal Law article 280 to be article 280(a): " During activities for which the state has provided a true name must be presented, using a counterfeit or altered resident identification, passport, drivers license or other certificates, is sentenced by short-term detention or controlled release, and/or a concurrent fine.

"Where conduct described in the preceding paragraph comprises another crime at the same time, follow the provisions for the more serious of the crimes at trial and sentencing." "

22, Modify Criminal Law article 283 to read: "illegal production or sale of specialized spying equipment or special equipment for wiretaps or hidden cameras, is sentenced by up to three years imprisonment, short-term detention or controlled release and/or a fine; where circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine. "

23, Add a paragraph to Criminal Law article 285 as the fourth paragraph: "Where a work unit commits the crimes described in the preceding three paragraphs, the work unit is fined, and the person in charge who is directly responsible and other directly responsible persons are punished under the provisions of that paragraph. "

24, Add a paragraph to Criminal Law article 286 as the fourth paragraph: “ Where a work unit commits either of the crimes described in the preceding paragraphs, the work unit is fined, and the person in charge who is directly responsible and other directly responsible persons are punished under the provisions of paragraph 1. " "

25, add one article after Criminal Law article 286 to be article 286(a): "In any of the following circumstances where network service providers do not perform information network security management duties as provided by law or administrative regulations, and upon being notified by the oversight and management department to adopt rectification measures and refuses to implement them, the sentence is up to three years imprisonment, short-term detention or controlled release, and/or a fine:

“(1) Where it results in the transmission of a large volume of unlawful information;

"(2) Where it results in disclosure or user information causing serious consequences;

"(3) Where it results in the loss of evidence of a crime, seriously impeding judicial organs pursuit of criminal liability in accordance with law.

"(4) There are other serious circumstances.

"Where a unit commits crimes described in the preceding paragraph, the unit is fined, and the person in charge who is directly responsible and other directly responsible persons are punished under the provisions of the preceding paragraph. "

26, Add two paragraphs after Criminal Law article 287 to be articles 287a and 287b:

"Article 287-1: use of information networks to commit any of the following conduct, where the circumstances are serious, is sentenced to up to three years imprisonment or short-term detention, and/or a fine.

"(1) Setting up a website or mail list used to conduct fraud, transmit criminal methods, make or sell prohibited or controlled items, or other illegal activities.

" (2) publishing illegal or criminal information such as on producing or selling drugs, guns, obscene items or other prohibited or controlled items.

"(3) Publishing information for committing fraud or other illegal or criminal activities.

"Where conduct described in the preceding paragraph comprises another crime at the same time, follow the provisions for the more serious of the crimes at trial and sentencing."

" Where a unit commits a crime in paragraph 1, the unit is fined, and the person in charge who is directly responsible and other directly responsible persons are punished under the provisions of paragraph 1.

"Article 287-2: Clearly knowing that others are using information networks to perpetrate crimes, and providing them with technical support such as internet access, server hosting, web storage, or communications transfer, or providing help such as in advertising and promotions or paying bills, where circumstances are serious, is sentenced by up to three years imprisonment or short-term detention and/or a fine.

"Where conduct described in the preceding paragraph comprises another crime at the same time, follow the provisions for the more serious of the crimes at trial and sentencing."

" Where a unit commits a crime in paragraph 1, the unit is fined, and the person in charge who is directly responsible and other directly responsible persons are punished under the provisions of paragraph 1. "

27, Modify Criminal Law article 288 paragraph 2 to read: "Violating national regulations to set up or utilize a wireless station (stand) without authorization, or utilize a wireless frequency without authorization, disturbing wireless communication order, where the circumstances are serious, is sentenced to up to three years imprisonment, short-term detention or controlled release and/or a fine; where circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. "

28, add two paragraphs in Criminal Law article 290 as the third and fourth paragraphs: "Where the work order of state organs is disrupted several times, and corrections are still not made after punishment, causing serious consequences, it is punished by up to three years imprisonment, short-term detention or controlled release.

"Where organizing or funding others to illegally assemble several times, disturbing social order, and the circumstances are serious, it is punished in accordance with the provisions of the preceding paragraph. "

29, Add a paragraph to Criminal Law article 291 as paragraph 2: "Fabricating false reports of danger, epidemic, security alerts or disasters and transmitting them through information networks or other media, or clearly knowing that information is false information described above and intentionally transmitting it through the information networks, seriously disturbing the social order, is sentenced by up to three years imprisonment, short-term detention or controlled release; where serious consequences are caused, the sentence is between three and seven years imprisonment. "

30, Modify Criminal Law article 300, paragraph 1 to read: " Organizing or exploiting mystic sects or cult organizations, or using superstition to undermine the implementation of the nation's laws and administrative provisions is sentenced to between three and seven years imprisonment and a concurrent fine; where circumstances are especially serious the sentence is seven or more years imprisonment and a concurrent fine; where circumstances are relatively minor, the sentence is up to three years imprisonment, short-term detention or controlled release and/or a fine." "

31, Modify Criminal Law article 302 to read; Those stealing, desecrating or intentionally destroying a corpse, skeletal remains or ashes are sentenced to up to three years imprisonment, short-term detention or controlled release. "

32, add one article after Criminal Law article 304 to be article 304(a): Those organizing students to cheat during state provided testing are sentenced to up to three years imprisonment or short-term detention and/or a fine, where the circumstances are serious the sentence is between three and seven years imprisonment and a concurrent fine.

Where cheating equipment or other aid is provided to help others commit the crime in the preceding paragraph, it is punished in accordance with the preceding paragraph.

Where, for the purpose of cheating on a test, others are illegally sold or provided with the questions or answers to a test provided for in the first paragraph, it is punished in accordance with the first paragraph.

Those taking a test provided for in the first paragraph in place of someone else, or having others take a test in place of themselves are sentenced to short-term detention or controlled release and/or a fine. "

33, add one article after Criminal Law article 307 to be article 307(a): " Those raising a civil lawsuit on concocted facts so as to obtain improper benefits, and seriously obstructing judicial order, are sentenced to up to three years imprisonment, short-term detention or controlled release and/or a fine.

"Where conduct in the preceding paragraph encroaches on others property or escapes lawful debts, follow article 266 of this Law to give a heavy sentence.

"Where judicial personnel use their office, and jointly perpetrate the conduct in the above two paragraphs with others, it is given a heavy sentence; where it constitutes other crimes at the same time, follow the provisions for the heavier punishment at trial and in giving a heavier sentence. "

34, Add one article after Criminal Law article 308 to be article 308(a): "Where judicial personnel, defenders, agents ad litem or other litigation participants reveal information that should not be disclosed in a case that is not tried in public in accordance with law, causing the information to be publicly transmitted or other serious consequences, the sentence is up to three years imprisonment, short-term detention or controlled release, and/or a fine.

"Where conduct in the preceding paragraph reveals state secrets, follow the provisions of article 398 of this law at trial and sentencing.

"Publicly disclosing or reporting case information provided for in paragraph 1, where the circumstances are serious, is punished in accordance with paragraph 1.

" Where a unit commits crimes described in the preceding paragraph paragraphs, the unit is fined, and the person in charge who is directly responsible and other directly responsible persons are punished under the provisions of the first paragraph. "

35, Modify Criminal Law article 309 to read: " In any of the following circumstances, serious disruption of courtroom order is sentenced to up to three years imprisonment, short-term detention, controlled release or a fine.

" (1) Gathering crowds to make a racket or attack the court;

“(2) Beating judicial personnel or litigation participants;

" (3) Insulting, defaming or threatening judicial personnel or litigation participants, and not heeding the court's admonitions to stop;

“(4) other conducts that seriously disrupt the order of the court. "

36, Modify Criminal Law article 313 to read: " Where one has the ability to carry out a people's court's judgment or ruling but refuses to do so, and the circumstances are serious, the sentence is up to three years imprisonment, short-term detention or a fine; where the circumstances are especially serious, the sentence is between 3 to 7 years imprisonment.

"Where a unit commits crimes described in the preceding paragraph, the unit is fined, and the person in charge who is directly responsible and other directly responsible persons are punished under the provisions of the preceding paragraph. "

37, Modify Criminal Law articles 350 paragraphs 1 and 2: Violating national provisions to unlawfully produce, trade in, or transport acetic acid, diethyl ether, tricloromethane or other materials or reagents used in the manufacture of drugs, or carrying the above mentioned items across national borders, where the circumstances are relatively serious, is senteced to up to three years imprisonment, short-term detention or controlled release; where the circumstances are serious the sentence is between 3 and seven years imprisonment and a fine; where the circumstances are especially serious, the sentence is seven or more years imprisonment and a fine or confiscation of property.

"Clearly knowing that others are manufacturing drugs and providing them with items provided for in the preceding paragraph for the production, trade or transport, it is punished as the crime of manufacturing drugs. "

38, Modify Criminal Law article 358 to read: " Organizing or compelling others for prostitution, is sentenced to between 5 and 10 years of imprisonment, where the circumstances are serious imprisonment or life imprisonment and a fine or confiscation of property:

“Those who organize or force underage persons to prostitute shall be punished more severely in accordance with provisions in the preceding paragraph.

"Where commission of the crimes in the previous two paragraphs is concurrent with murder, injury, rape, kidnapping or other such criminal conduct, it is punished in accordance with provisions on the combined punishment for multiple crimes.

"Those recruiting or transporting persons for organizing prostitution, or having other conduct assisting others in organizing prostitution, are sentenced to up to five years imprisonment and a concurrent fine; where circumstances are serious, the sentence is between five and ten years imprisonment and a concurrent fine. "

39、Article 383 of the Criminal Law shall be modified to read: "Those who commit embezzlement, shall, on the basis of the severity of the circumstances, be punished according to the following distinct provisions:

“(1) Where the amount embezzled is relatively large or there are other relatively serious circumstances, the sentence is less than three years imprisonment or short-term detention and a concurrent fine. Where a crime has not been constituted, their unit or the responsible authority level above will give sanctions.

“(2) Where the amount embezzled is huge or there are other serious circumstances, the sentence is between three and ten years imprisonment or short-term detention and a concurrent fine or confiscation of property.

"(3) Where the amount embezzled is especially huge or there are other especially serious circumstances, the sentence is ten or more years imprisonment or life imprisonment, and a concurrent fine or confiscation of property; where the amount is especially large and the nation and people suffer especially large losses, the sentence is life imprisonment or death and confiscation of property.

"Where multiple instances of corruption have not been handled, punish in accordance with the accumulated total amount of corruption.

"Committing crimes in the first paragraph, and truthfully confession one's own conduct prior to indictment, repenting in good faith and actively returning unlawful gains; avoiding or reducing the occurrence of harmful consequences and having the circumstances provided in (1), may be punish lightly, commuted or have punishment waived; where there are circumstances provided in (2) or (3), it may be punished lightly. "

40, add one article after article 388(a) to be article 388(b): " Those who, so as to obtain improper benefit, give bribes to state employees families or other persons close to state employees, or to state employees who have left office or their families or other persons close to them; is sentenced by up to two years imprisonment or short-term detention and a concurrent fine; where circumstances are serious, or it causes major harms to national interests, the sentence is between 2 and five years imprisonment and a concurrent fine, where circumstances are especially serious or it causes especially major harms to national interests, the sentence is between five and ten years imprisonment and a concurrent fine. "

41, Modify Criminal Law article 390 to read: " Those who commit the crime of bribery are sentenced by up to five years imprisonment or short-term detention and a concurrent fine; where improper benefits are obtained because of bribes and the circumstances are serious, or it causes major harms to national interests, the sentence is between five and ten years imprisonment and a concurrent fine, where circumstances are especially serious or it causes especially major harms to national interests, the sentence is ten years or more imprisonment or life imprisonment and a concurrent fine or confiscation of property.

"Where a person giving bribes pro-actively confesses their acts of bribery before being prosecuted, the punishment may be light or commuted. Of these, where the crime is relatively minor, and the report or disclosure of the acts plays a critical role in breaking a major case or where there are other major meritorious contributions, punishment may be waived." "

42, Modify Criminal Law article 391 to read: Those who, so as to obtain improper benefit, give property to state organs, state companies, enterprises, public institutions, or people's organizations; or who violate the nation's provisions during economic interactions, giving kickbacks or formality fees under any name; are sentenced to up to three years imprisonment or short-term detention and a concurrent fine. "

43, Modify Criminal Law article 392, paragraph 1 to read: Those making introductions for bribery to state employees, where the circumstances are serious are sentenced to up to three years imprisonment or short-term detention and a concurrent fine. "

44, Modify Criminal Law article 393 to read: "Where units give bribes so as to obtain improper benefit, or violate the nation's regulations to give state employees kickbacks or formality fees, and the circumstances are serious, the unit is fined, and the person in charge who is directly responsible and other directly responsible persons are sentenced to up to five years imprisonment or short-term detention and a concurrent fine. Where unlawful gains from bribery are acquired by an individual, that individual shall be investigated and punished in accordance with articles 389 and 390 of this law. "

45, Modify Criminal Law article 426 to read: "Those who use methods such as violence or coercion to obstruct command personnel or on-duty personnel in the performance of their duties are sentenced to up to five years imprisonment or short-term detention; where the circumstances are serious, the sentence is between five and ten years imprisonment; and where circumstances are especially serious the sentence is ten years or more imprisonment or life imprisonment. A heavier sentence shall be imposed during times of war. "

46, Modify Criminal Law article 433 to read: "Those spreading rumors to confuse the public or shaking the moral of the military during wartime are sentenced to up to three years imprisonment; where circumstances are serious the sentence is between three and ten years imprisonment; where circumstances are especially serious the sentence is ten or more years imprisonment or life imprisonment." "

47, This Amendment takes effect on ________.

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