Amendment (12) to the Criminal Law of the PRC (DRAFT)

[Source]http://www.npc.gov.cn/flcaw/userIndex.html?lid=ff80818188c8b06b0189903f85c802a3

1. Add a paragraph to Criminal Law article 165 as paragraph 2, with the amended article reading: “Where the directors or managers of state-owned companies and enterprises, use their position to facilitate their own or others’ operation of a business of the same type as the company or enterprise in which they serve, to obtain illegal benefits, and the amount is huge, they are to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the amount is especially huge the sentence is to be between three and seven years imprisonment or life imprisonment, and a concurrent fine.

“Where the directors or managers of other companies or enterprises exhibit the conduct in the preceding paragraph, they are to be punished in accordance with the provisions of the preceding paragraph. "

2. Add a paragraph to Criminal Law article 166 as paragraph 2, with the amended article reading: "In any of the following situations, where the staff of state-owned companies, enterprises, or public institutions used their position to facilitate and cause major losses to state interests, they are to be given up to three years imprisonment or short-term detention, and/or a fine; and where especially major losses are caused to state interests, they are to be given between three and seven years imprisonment and a concurrent fine:

"(1) They entrusted family and friends to operate the unit’s profitable business; "

(2) They purchased goods at a price clearly above market value from units operated or managed by their family and friends, or sold goods to units operated or managed by their family and friends at a price clearly below market value;

"(3) They purchased non-compliant goods from units operated or managed by their family and friends; "

Where the staff of other companies or enterprises exhibit the conduct in the preceding paragraph, causing major losses to the company or enterprise’s interests, they are to be punished in accordance with the provisions of the preceding paragraph. "

3. Add a paragraph to Criminal Law article 169 as paragraph 2, so that the amended article reads: Where the persons who are directly in charge of a state-owned company or enterprise, or the regulatory department above it, breaks rules for personal gain by converting state-owned assets to shares at a low price or selling them at a low price, causing major losses to state interests, they are to be given up to three years imprisonment or short-term detention; Where it causes especially major harms to state interests, the sentence is between three and seven years imprisonment.

"Where the persons who are directly in charge of other companies or enterprises exhibit the conduct in the preceding paragraph, causing major losses to the company or enterprise’s interests, they are to be punished in accordance with the provisions of the preceding paragraph. "

4. Amend Criminal Law article 387, paragraph 1 to read: Where state organs, state-owned companies, enterprises, public institutions, or people's organizations solicit or illegally receive others’ property, or seek benefits for others, and the circumstances are serious, the unit is to be fined and the directly responsible managers and other directly responsible personnel 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.

5. Amend Article 390 of the Criminal Law to read: Up to three years imprisonment or short-term detention with a concurrent fine is to be given for the crime of bribery; where the bribes were seeking improper benefits and the circumstances are serious, or where the state interest suffered major losses, a sentence of between three to ten years imprisonment and a fine is to be given; where the circumstances are especially serious, or where the national interest suffers especially major losses, a fine of ten or more years or life imprisonment is to be given, along with a fine or confiscation of property.

"In any of the following circumstances, a heavy sentence is to be given in accordance with the preceding paragraph:

" (1) Bribes were given multiple times or to multiple people;

" (2) Bribes were given by state employees;

"(3) Bribes were given in important state work, key projects, or major programs;

" (4) Bribes were given in fields such as personnel organization, the justice sector and enforcement of law and discipline, environmental protection, finance, production safety, food and drugs, disaster relief, social security for eldercare, education, and medical care;

“(5) bribes were made in order to carry out illegal or criminal activity;

"(6) unlawful gains were used to make the bribes.

“Where a person giving bribes proactively confesses their acts of bribery before being pursued, the punishment may be light or reduced. Of these, where the crime is relatively minor, and a critical role is played in breaking a major case or where there is a major meritorious contribution, punishment may be reduced or waived. "

6. Amend 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 benefits, or those who give kickbacks or processing fees under any name during economic interactions in violation of national provisions shall be fined and sentenced to short-term detention or up to three years imprisonment; where the circumstances are serious, between three and seven years imprisonment and a concurrent fine is to be given.

7. Amend Article 393 of the Criminal Law to read: "Where units give bribes so as to obtain improper benefit, or violate the nation's regulations to give state employees kickbacks or processing fees, and the circumstances are serious, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be given up to three years imprisonment or short-term detention and a concurrent fine; where the circumstances are especially serious, between three and ten years imprisonment and concurrent fine is to be given. Where the unlawful gains acquired through bribery are individually owned, conviction and punishment are to be in accordance with articles 389 and 390 of this Law. "

8. This Amendment is to take effect on the date of promulgation.