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

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Title: People's Republic of China Criminal Law Amendment (9)
Promulgating Entities:Standing Committee of the National People's Congress
Reference number: 
Promulgation Date: 2015-8-29
Expiration date: 
Source of text: http://news.xinhuanet.com/legal/2015-08/30/c_1116414724.htm

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

(Adopted on August 29, 2015 at the 16th meeting of the Standing Committee of the 22 National People's Congress)

1. Add one article after Criminal Law article 37, as article 37-1: "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 a period of 3 to 5 years, beginning on the day that enforcement of the criminal punishment is completed or of parole."

"Where persons prohibited from engaging in certain professions violate decisions made by people's courts in accordance with the previous paragraph, the public security organs give punishments in accordance with law, where the circumstances are serious conviction and punishment are to be in accordance with article 313 of this Law.

"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 ruling, 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. Modify Criminal Law article 120-1 to read: "Those funding terrorist organizations or individuals carrying out terrorist activities, or funding training for terrorist activities; are 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.

"Follow the provisions of the preceding paragraph in punishing those recruiting or transporting personnel for terrorist organizations or to carry out terrorist activities or terrorist activity trainings.

"Where units commit the crimes in the preceding two paragraphs, give the unit a fine and follow the provisions of the first paragraph in punishing the persons who are directly in charge and other directly responsible personnel. "

7. Add 5 articles following Criminal Law article 120-1, to be articles 120-2, 120-3, 120-4 , 120-5, and 120-6:

"Article 120-2: Those with any of the following circumstances are 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:

"(1) Preparing criminal instruments, hazardous materials or other tools to carry out terrorist activities;

"(2) Organizing or actively participating in terrorist activity training;

"(3) Connecting with foreign terrorist organizations or personnel so as to carry out terrorist activities;

"(4) Planning or other preparations to carry out terrorist activities. "Where conduct 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.

"Article 120-3: Advocating terrorism or extremism through methods such as producing or distributing items such as books or audio-visual materials advocating terrorism; or advocating terrorism or extremism by giving instruction or releasing information; or inciting the perpetration of 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 120-4: 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, short-term detention or controlled release 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 120-5: 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 by up to three years imprisonment, short-term detention or controlled release, and a concurrent fine.

"Article 120-6: Illegally possessing books, audio-visual materials or other materials the one clearly knows advocate 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. "

8. Modify Criminal Law article 133-1 to read: Driving a motor vehicle on a road in any of the following circumstances is to be given detention and a concurrent fine:

"(1) Racing, where circumstances are heinous;

"(2) Driving while intoxicated;

"(3) Operating a school bus or passenger transport and seriously exceeding the designated number of passengers or speed limit;

“(4) Transporting hazardous chemicals in violation of provisions on safety management of hazardous chemicals, endangering public safety.

"Where the owners or managers of motor vehicles bear direct responsibility for the conduct in items 3 and 4 of the preceding paragraph, follow the provisions of the preceding paragraph in giving punishment.

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

9. Modify Criminal Law article 151, paragraph 1 to read: "Those smuggling weapons, ammunition, nuclear materials or counterfeit 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 sentence 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. "

10. 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 shall be sentenced to a fine and detention or imprisonment of up to three years. A sentence of a fine and imprisonment of between three and ten years shall be imposed where the amount is large. "

11. 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. "

12, Delete Criminal Law article 199.

13. Modify Criminal Law article 237 to read: "Those using violence, coercion or other methods to act indecently against others or insult women are sentenced to imprisonment of up to five years 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. "

14, Modify the second paragraph of Criminal Law article 239 to read: "Where committing the crimes in the preceding paragraph and causing serious injury or death in killing the kidnapped person or intending to harm the kidnapped person, the punishment is life imprisonment or death, and confiscation of property. "

15. Modify Criminal Law article 241, paragraph 6 to read: "Where in buying an abducted or trafficked woman or child, the bought child is not abused and their rescue is not obstructed, a lighter punishment may be given; Where it is in accordance with the woman's wishes, and her return to her residence was not obstructed, is may be given a lighter punishment, or punishment may be commuted. "

16. 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. "

17, Modify Criminal Law article 253-1 to read: "Violating relevant national regulations to sell or provide others with citizens' personal information, where the circumstances are serious, is sentenced to up to three years imprisonment or short-term detentionand/or a fine; where circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

"Where relevant national regulations are violated to sell or provide others with citizens' personal data which was obtained while performing professional duties, a heavier sentence shall be imposed in accordance with the provisions of the preceding paragraph.

"Where citizens' personal information is stolen or illegally obtained through other means, punishment is in accordance with the provisions of the first paragraph of this article.

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. "

18. Modify Criminal Law article 260, paragraph 3 to read: "The crime in the first paragraph is handled only upon complaint, except where the victim has no capacity to complain or cannot complain because they are under compulsion or threat. "

19. Add one article after Criminal Law article 260, to be article 260-1: "Where a guardian or person with a professional duty to care for juveniles, the elderly, the ill, persons with disabilities, abuses the person in their care, they shall be sentenced imprisonment of up to three years or short-term detention.

"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.

"Where the conduct in the preceding paragraph simultaneously constitutes another crime, punishment is given in accordance with the more serious offense. "

20. 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. "

21. Add a paragraph in Criminal Law article 277 as paragraph 5, reading: "Violently attacking people's police that are currently performing their official duties in accordance with law, is given a heavy punishment in accordance with the first paragraph. "

22. Modify Criminal Law article 280 to read: "Where state organs' official documents, certificates, or official seals are counterfeited, modified, or bought and sold, or are stolen, robbed or destroyed, the sentence is up to 3 years imprisonment, short-term detention, controlled release or deprivation of political rights and fines; where circumstances are serious, between three and ten years imprisonment is given and a fine.

"Counterfeiting the official seal of a company, enterprise, public institutions or people's organization is sentenced by up to three years imprisonment, short-term detention, controlled release or deprivation of political rights and a fine.

"Counterfeiting, altering or trading in resident identification cards, passports, social security cards, driver's licenses, or other certificates that may lawfully be used to prove one's identity, is sentenced to up to three years imprisonment, short-term detention, controlled release or deprivation of political rights and a fine; where circumstances are serious, the sentence is between three and seven years imprisonment and a fine. "

23. Add one article after Criminal Law article 280 to be article 280-1: "Using counterfeit or altered or others' misappropriated resident identity cards, passports, social security cards, driver's licenses, or other certificates that may lawfully be used to prove one's identity, during activities where state provisions require presentation of proof of identification, where the circumstances are serious, is punished by short-term detention or controlled release, 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."

24. 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.

"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. "

25. Add one article after Criminal Law article 284 to be article 284-1: Those organizing cheating during legally prescribed state tests 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. "

26. Add a paragraph to Criminal Law article 285 as paragraph 4: "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. "

27. Add a paragraph to Criminal Law article 286 as paragraph 4: “Where a unit commits either of the crimes described in the preceding 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 first paragraph. "

28. Add one article after Criminal Law article 286 to be article 286-1: "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 ordered by the oversight and management department to adopt rectification measures but refusing to make corrections, 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 destruction of evidence in a criminal case and the circumstances are serious;

"(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.

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

29. Add two articles after Criminal Law articles 287 to be articles 287-1 and 287-2:

"Article 287-1: Where data networks are used to commit any of the following conduct, and the circumstances are serious, the sentence is 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 information on the production or sale of prohibited or controlled items such as drugs, guns, or pornography, or other illegal criminal information;

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

"Where units commit the crimes in the preceding two paragraphs, give the unit a fine and follow the provisions of the first paragraph in punishing the persons who are directly in charge and other directly responsible personnel.

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

"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 units commit the crimes in the preceding two paragraphs, give the unit a fine and follow the provisions of the first paragraph in punishing the persons who are directly in charge and other directly responsible personnel.

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

30. Modify Criminal Law article 288 paragraph 1 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. "

31. Modify Criminal Law article 290, paragraph 1 to read "Where crowds are gathered to disturb public order, circumstances are serious and it causes work, production, business and study, research or medicine to be unable to proceed, causing major harms, the principle offender is sentenced to between three and seven years imprisonment; other active participants are given up to three years imprisonment, short-term detention, controlled release or deprivation of political rights. "

Add two paragraphs as the paragraphs 3 and 4: "Where the work order of state organs is disrupted several times, and corrections are still not made after administrative 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. "

32. Add a paragraph to Criminal Law article 291-1 as paragraph 2: "Fabricating false reports of danger, epidemic, disasters or security alerts 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 or other media, 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. "

33. Modify Criminal Law article 300 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 or life imprisonment, and a concurrent fine or confiscation of property; where circumstances are relatively minor, the sentence is up to three years imprisonment, short-term detention or controlled release or deprivation of political rights and/or a fine."

"Where a person is cheated through organization or exploitation of mystic sects or cults, or exploitation of superstition, causing serious injury or death, punishment is in accordance with the provisions of the preceding paragraph.

"Where a crime in the first paragraph is committed and there is additional criminal conduct such as illicit relations with women or defrauding of assets, follow provisions for concurrent punishment. "

34. Modify Criminal Law article 302, paragraph 2 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. "

35. Add one article after Criminal Law article 307 to be article 307-1: " Those raising a civil lawsuit on concocted facts and seriously obstructing judicial order or seriously infringing on the lawful rights and interests of others, are sentenced to 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 fine.

"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.

"Where conduct in the first paragraph takes unlawful possession of another's assets or avoids a lawful debt, comprising another crime, follow the provisions for the more serious of the crimes at trial and sentencing.

"Where judicial personnel use their office, and jointly perpetrate the conduct in the above three paragraphs with others, it is give 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. "

36. Add an article after Criminal Law article 308 to be article 308-1: "Where judicial personnel, defenders, agents ad litem, or other litigation participants reveal information that should not, in accordance with law, be disclosed during the trial of a case, causing serious consequences such as the transmission of the disclosed information, it is given a sentence of up to 3 years imprisonment, short-term imprisonment, or controlled release, and/or a concurrent 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 units commit the crimes in the preceding two paragraphs, give the unit a fine and follow the provisions of the first paragraph in punishing the persons who are directly in charge and other directly responsible personnel."

37. Modify Criminal Law article 309 to read: "In any of the following circumstances disrupting courtroom order, give a sentence of 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, seriously disrupting courtroom order;

"(4) Exhibiting conduct disrupting courtroom order such as undermining courtroom operations or stealing or destroying litigation documents or evidence, where the circumstances are serious. "

38. Modify Criminal Law article 311 to read: Refusing to provide relevant evidence one has collected when so requested by judicial organs investigating a matter, while clearly knowing that others have exhibited criminal conduct of espionage, terrorism or extremism , where the circumstances are serious, is sentenced to up to three years imprisonment, short-term detention or controlled release. "

39. 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 three to seven years imprisonment, and given a concurrent fine.

"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. "

40. Modify Criminal Law articles 322 to read: Violating national (territory) border management regulations to cross national (territory) borders, where the circumstances are serious, is punished by up to 1 year imprisonment, short-term detention or controlled release and a concurrent fine; crossing the national (territory) border to participate in a terrorist organization, receive training in terrorist activities or carry out terrorist activities, is punished by between 1-3 years imprisonment and a concurrent fine. "

41. 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 sentenced 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. "

42. Modify Criminal Law article 358 to read: " Organizing or compelling others for prostitution, is sentenced to between five and ten years of imprisonment and a fine, 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. "

43. Delete Criminal Law article 360, paragraph 2.

44. Modify Criminal Law Article 383 to read: "For crimes of corruption, on the basis of the seriousness of the crime, give punishment in accordance with the following discrete situations:

“(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.

“(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.

"Those committing crimes in the first paragraph, and truthfully confessing the 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 items 2 or 3, it may be punished lightly.

"Where those committing crimes in the first paragraph have the circumstances provided for in item 3 and are given a suspended death sentence, the people's court may concurrently decide, based on the circumstances of the crime and other circumstances, that after the completion of the two year suspended sentence and commutation to life imprisonment in accordance with law, they will be imprisoned for life and must not be given a commutation or parole. "

45. Amend Article 390 to read: "Short term-detention or imprisonment of five years or less shall be imposed along with a fine for the crime of bribery;where the bribes were seeking unlawful benefits and the circumstances are serious, or where the national interest suffers significant losses, a sentence of between five to ten years imprisonment and a fine shall be imposed;where the circumstances are especially serious, or where the national interest suffers particularly significant losses, a fine of ten or more years to life imprisonment shall be imposed, along with a 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 a critical role is played in breaking a major case or where there is major meritorious contributions, punishment may be waived. "

46. Add one article after Criminal Law article 390 to be article 390-1: "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 three 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 three and seven years imprisonment and a concurrent fine, where circumstances are especially serious or it causes especially major harms to national interests, the sentence is between seven and ten years imprisonment and a concurrent fine.

"Where units commit 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 by up to three years imprisonment, or short-term detention and a concurrent fine. "

47. Modify Criminal Law article 391, paragraph 1 to read: "Those who give property to state organs, state companies, enterprises, public institutions, or people's organizations so as to obtain improper benefit, or those who give kickbacks or formality fees under any name during economic interactions in violation of national provisions shall be fined and sentenced to a short-term detention or up to three years imprisonment. "

48. Modify Criminal Law article 392, paragraph 1 to read: "Making introductions to state personnel for bribery, where the circumstances are serious, is given a sentence of up to three years imprisonment or short-term detention, and a concurrent fine. "

49. Modify Criminal Law, article 393 to read: "In serious incidents where units which seek unlawful benefits or bribes, or which violate state regulations in giving rebates and commission to state personnel, the unit shall be fined and the person directly responsible as well as other personnel directly responsible shall be fined and detained or imprisoned for up to five years. 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. "

50. 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 shall be sentenced to up to five years imprisonment or short-term detention. A sentence of between five and ten years imprisonment shall be imposed where the circumstances are serious. A sentence of more than ten to life imprisonment shall be imposed where circumstances are especially serious. A heavier sentence shall be imposed during times of war. "

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

52. This amendment shall take effect on November 1, 2015.

 

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