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Criminal Law Amendment XII

I.Add a paragraph in Criminal Law article 165 as the second paragraph, revising it to read: "Where the directors, supervisors, and senior managers of state-owned companies and enterprises use their position to facilitate the operation of a business of the same type as the company or enterprise in which they serve, either by themselves or others, and obtain an illegal benefit with a huge value, they are to be given up to 3 years imprisonment or short-term detention, and/or a fine; where the value is especially huge, they are to be given between 3 and 7 years imprisonment and a concurrent fine.

“Where the directors, supervisors, or senior managers of other companies or enterprises violate laws or administrative regulations by carrying out the conduct in the preceding paragraph and leading that company or enterprise to suffer major losses, it is to be punished in accordance with the preceding paragraph. "

II.Add a paragraph to Criminal Law article 166 as paragraph 2, revising it to read: "In any of the following situations where the staff of state-owned companies, enterprises, or public institutions use their positions to facilitate and cause major harm to national interests, they are to be given up to 3 years imprisonment or short-term detention, and/or a fine; where it causes especially major harm to national interests, they are to be given between 3 and 7 years imprisonment and a concurrent fine:

“(1) Where the profit-making business of the unit was give to relatives and friends for management;

“(2) Where goods were purchased or services received from units managed by one’s relatives and friends at prices significantly higher than the market price, or where goods were sold or services provided to units managed by one’s relatives and friends at prices significantly lower than the market price;

“(3) Where substandard goods and services are purchased or accepted from units managed by relatives and friends.

“Where the staff of other companies or enterprises violate the provisions of laws and administrative regulations by carrying out the acts in the preceding paragraph, causing major losses to the interests of the company or enterprise, they are to be punished in accordance with the provisions of the preceding paragraph.”

III. Add a paragraph to Criminal Law article 169 as paragraph 2, revising it to read: "Where the directly responsible management of a state-owned company or enterprise, or its superior regulatory department, engages twists the law for personal gain and converts state-owned assets into shares at a low price, or sells them at a low price, causing major harm to national interests, they are given up to three years imprisonment or short-term detention; and where especially major harm is caused to the national interests, they are to between three and seven years imprisonment.

"Where the directly responsible management of other companies or enterprises twist the law for personal gain, converting the company's or enterprise's assets to shares at a low value, or selling them at a low value, causing the company or enterprise to suffer major losses, punishment is to be given in accordance with the preceding paragraph. "

IV.Revise the first paragraph of Criminal Law article 387 to read: "Where state organs, state-owned companies, enterprises, public institutions, units, or people's groups extort or illegally receive the assets of others, or seek benefits for others, and the circumstances are serious, the unit is to be given a fine and the directly responsible managers and other directly responsible persons are to be given up to three years imprisonment or short-term detention; and where the circumstances are especially serious, they are to be given between 3 and 10 years imprisonment. "

V.Revise Criminal Law Article 390 to read: "Those who commit the crime of bribery are to be given up to three years imprisonment or short-term detention, and a concurrent fine; those who seek improper benefits through bribery, where the circumstances are serious or cause significant harm to national interests are to be given between 3 and 10 years imprisonment and a concurrent fine; and where the circumstances are especially serious, or the national interests suffer particularly major harms, they are to be given 10 years or more imprisonment or life imprisonment, and given a concurrent fine or have property confiscated.

"In any of the following situations, a heavier penalty is to be given:

" (1) They give bribes multiple times or to multiple people;

" (2) Bribes were given by state employees;

“ (3) Bribes were given in key state projects or major programs;

“(4) Bribes are paid to obtain positions, promotions, or transfers;

" (5) Bribes were given to supervision, administrative law enforcement, or judicial personnel;"

" (6) Bribes were given in fields such as environment and ecology, finance, production safety, food and drugs, disaster relief and prevention, social security, education, or medical care, to carry out illegal or criminal activity;

" (7) Unlawful gains were used to give bribes.

"Where the person who gives bribes proactively confesses their giving of bribes before they are being pursued, the punishment may be lenient or commuted. Of these, where the crime is lighter, and it plays a key role in breaking a major case through investigation, or there is major meritorious contribution, the penalty may be commuted or waived. "

VI. Revise the first paragraph of Criminal Law article 391 to read: "Where, in order to receive an improper benefit, assets are given to state organs, state-owned companies, enterprises, public institutions, enterprises, or people's groups, or kickbacks or processing fees known by any name are given in economic exchanges, up to 3 years imprisonment or short-term detention is to be given, as well as a concurrent fine; where the circumstances are serious, between 3 and 7 years imprisonment is to be given, as well as a concurrent fine.

VII.Revise Criminal Law article 393 to read: "Where units give bribes in order to obtain improper benefits, or violate state provisions by giving state organ personnel kickbacks or processing fees, and the circumstances are serious, the unit is to be given a fine and the directly responsible managers and other directly responsible persons are to be given up to 3 years detention or short-term detention and a concurrent fine; where the circumstances are especially serious, between 3 and 10 years imprisonment is to be given, and a concurrent fine. Where unlawful gains are obtained through the bribery and taken as one's personal property, the punishment is to be in accordance with articles 389 and 390 of this Law, "

VIII. This Amendment is to take effect on March 1, 2024.

 

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