P.R.C. Criminal Law Amendment (11) (Draft)

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1. Add two paragraphs to article 114 as paragraphs 2 and 3;

"Those throwing objects from high altitudes and endangering public safety, are to be sentenced to short-term detention or controlled release and/or a fine.

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

2. Add one article after Criminal Law article 133-1, to be article 133-2:

"Where violence is used against the drivers of public transportation or the controls are grabbed, interfering with the normal operation of the vehicles and endangering public safety, a sentence of up to one year imprisonment, short-term detention, or controlled release is to be given, and a concurrent fine may be given independently or in addition.

Where the driver provided for in the preceding paragraph exchanges blows with others, endangering public safety, punishment is to be in accordance with the preceding paragraph.

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

3. Change Criminal Law article 134 paragraph 2, to read:

"Where one forces others to do risky operations in violation of regulations, or knows that there is a danger of a major accident but refuses to eliminate it and still risks the operation, which leads to serious accidents occurring those cause injuries or other serious consequences, they shall be sentenced to up to five years imprisonment or short-term detention; and where the circumstances are especially heinous, the sentence is to be five or more years imprisonment."

4. Add one article after Criminal Law article 134, to be article 134-1:

"In any of the following circumstances where the violation of safety management provisions during production or operations leads to an actual threat of the occurrence of serious accidents that cause injuries or other serious consequences, a sentence of up to one year imprisonment, short-term detention, or controlled release is to be given:

"(1) Turning off or destroying surveillance, alarm, protective, or first-aid equipment and facilities that are directly tied to production safety, or modifying related data and information;

"(2) Where due to the threat of a major accident, one has been ordered to suspend production and operations, construction, or use of equipment, facilities, or venues, or to take measures to immediately remove the threat, but refuses to do so;

"(3) Without lawful approvals or permits involving production safety matters, engaging in mining exploration, metal smelting, contruction, or the production, sale, storage, or transport of hazardous materials, or other highly dangerous production operations and activities where the circumstances are serious."

5. Change Criminal Law article 141 to read:

"Where fake medicines are produced or sold, the sentene is to be up to three years imprisonment or short-term detention; where there are serious threats to human health or other serious circumstances the sentence is to be between 3 and 10 years imprisonment and a concurrent fine; where it causes death or there are other especially serious circumstances, or there are other serious circumstances, the sentence is to be 10 or more years imprisonment, life imprisonment, or death, and a concurrent fine or confiscation of property.

"Where state provisions are violated by failure to obtain approval documents for the production of medicine, or selling medicine that one knows is of the type provided above, punishment is to be in accordance with the preceding paragraph.

"Where the personnel of units that use medicine provide medicine for the use of others knowing that it is fake, punishment is to be in accordance with the provisions of the first paragraph."

6. Change Criminal Law Article 142 to read:

"Where shoddy drugs are produced or sold, causing serious harm to human health, the sentence is to be between 3 and 10 years imprisonment, and a concurrent fine; where the circumstances are serious, the sentence is to be ten or more years imprisonment or indefinite imprisonment and a fine or confiscation of property.

"Where the personnel of units that use medicine knowingly provide shoddy medicine for the use of others, punishment is to be in accordance with the provisions of the first paragraph."

7. Add on article after Criminal Law article 142, to be article 142-1:

"In any of the following circumstances, where provisions on the administration of medicines are violated sufficient to cause harm to human health, the sentence is to be up to three years imprisonment or short-term detention; where there are serious threats to human health or other serious circumstances the sentence is to be between 3 and 7 years imprisonment and a concurrent fine:

"(1) Producing or selling medicines that the State Council departments for the oversight and management of drugs have prohibited the use of;

" (2) Importing medicines without obtaining documents proving approval or knowingly sold medicines described above;

"(3) Selling drugs without inspections where inspections are required by law;

"(4) Providing false proofs, data, materials, or samples in applications to register medicines, or employing other fraudulent methods;

"(5) Fabricating production and inspection records.

"Where conduct in the preceding paragraph simultaneously constitutes the crimes provided for in article 141 or 142 of this Law, or other crimes, trial and sentencing are to be in accordance with the crime that has heavier punishments.

8. Change Criminal Law article 160 to read:

"Where important facts are concealed or significant content is fabricated in a prospectus, share subscription, company and enterprise bond offering measures or other issuance documents, and the amount in question is huge, the consequences are serious, or there are other serious circumstances, a sentence of up to 5 years imprisonment or short-term detention is to be given, and/or a fine; where the amount in question is especially huge, the consequences are especially serious, or there are other especially serious circumstances, the sentence is to be 5 years or more imprisonment and a concurrent fine.

"Where the controlling shareholder or actual controller organizes or instigates the commission of the acts mentioned in the preceding paragraph, they shall be sentenced to up to 5 years imprisonment or short-term detention, and/or fined between 20% and one time the amount of funds illegally collected; and where the amount is especially huge, the consequences are especially serious or there are other especially serious circumstances, the sentence is to be 5 years or more imprisonment and a fine of not less than 20% but not more than one time of the amount of illegally raised funds.

"Where units commit the crimes in the preceding two paragraphs, give the unit a fine of between 20% and 1 time the amount of funds illegally raised, and follow the provisions of the first paragraph in punishing the persons who are directly in charge and other directly responsible personnel."

9. Change Criminal Law article 161 to read:

"Where companies or enterprises that bear a duty to disclose information in accordance with law provide financial audit reports to shareholders or the public that are false or conceal important facts, or where they do not disclose other important information that must be disclosed in accordance with law as provided, seriously harming the interests of shareholders or others, or where there are other serious circumstances, the directly responsible managers and other directly responsible personnel are to be given a sentence of up to 5 years imprisonment or short-term detention, and/or a fine; where the circumstances are especially serious, a fine of between 5 and 10 years is to be given and a concurrent fine.

"Where the shareholders or actual controllers of the companies and enterprises provided for in the preceding paragraph instigate others to carry out the conduct in the preceding paragraph or conceal important facts causing the situations provided for in the preceding paragraph to occur, a sentence of up to 5 years imprisonment or short-term detention is to be given, and/or a fine; where circumstances are especially serious, the sentence is to be between 5 and 10 years imprisonment and a concurrent fine.

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

10. Change the first paragraph of Criminal Law article 163 to read:

"Where staff of companies, enterprises, or other units use their position to facilitate the solicitation or illegal receipt of others' assets to seek benefits for another, and the amount is larger, they are to be sentenced to up to three years imprisonment or short-term detention and 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 indefinite imprisonment, and a concurrent fine. "

11. Change the first paragraph of Criminal Law article 175-1 to read:

"Where fraudulent methods are used to obtain loans, bill acceptance, letters of credit, or letters of guarantee, and the like, from banks or other financial institutions, causing major losses to the bank or other financial institution, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where especially major losses are caused to the bank or other financial institutions, or there are other especially serious circumstances, the sentence is to be between three and seven years imprisonment and a concurrent fine."

12. Change the first paragraph of Criminal Law article 176 to read:

"Illegally siphoning off public savings or covertly siphoning off public savings, and disrupting the financial order, is to be given a punishment of up to three years imprisonment or short-term detention, and/or given 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 and a concurrent fine."

13. Change Criminal Law article 192 to read:

"Where fraudulent methods are used to collect funds for purpose of taking illegal possession, and the amount in question is larger, a sentence of between three and seven years imprisonment is to be given and a concurrent fine; where the amount is huge or there are other serious consequences, the sentence is 7 or more years imprisonment or life imprisonment, and a concurrent fine or confiscation of property." "

14. Change Criminal Law article 219 to read:

"Where there is any of the following conduct in violation of commercial secrets and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention, and/or a fine is to be given; where circumstances are especially serious, the sentence is between three and 10 years imprisonment and a concurrent fine;"

"(1) Obtaining commercial secrets by theft, enticement, fraud, intimidation, electronic trespass, or other improper tactics;

"(2) Disclosing, using, or allowing others to use a rights holders' commercial secrets acquired by tactics provided for in the previous item;

"(3) Disclosing, using, or allowing others to use commercial secrets in their possession, in violation of confidentiality obligations or the rights holders' demands for preserving commercial secrets.

"Where one clearly knows or should know of acts listed in the preceding paragraph, but obtains, uses, or discloses commercial secrets, it is viewed as infringements of the commercial secrets.

"Commercial secrets" as used in this article refers to commercial information such as technological or business information that is not publicly known, has commercial value, and is subject to corresponding confidentiality measures taken by the rights holder.

"The "Rights-holder" as used to in this article refers to the owners of commercial secrets and those permitted to use commercial secrets by the owner."

15. add one article after Criminal Law article 219, to be article 219-1:

"Where commercial secrets are stolen, spied upon, sold, or illegally provided to overseas institutions, organizations, or persons, a sentence of up to 5 years imprisonment or short-term detention is given, and/or a fine; and where the circumstances are serious, the sentence is to be 5 years or more imprisonment and a concurrent fine"

16. Change Criminal Law article 229 to read:

"Where the personnel of intermediary organizations with duties such as asset assessment, capital verification, document verification, accounting, auditing, legal services, and sponsorship, intentionally provide false proofs, and the situation is serious, a sentence of up to 5 years imprisonment or short-term detention is to be given, and a concurrent fine; in any of the following circumstances, the sentence is to be between 5 and 10 years and a concurrent fine:

"(1) Providing false asset evaluation, accounting, auditing, sponsorship and other supporting documents related to the issuance of securities, where the circumstances are particularly serious;

"(2) Providing false asset evaluations, accounting, auditing and other supporting documents related to major asset transactions, where the circumstances are particularly serious;

"(3) Providing false security assessment or environmental impact assessment documents in major projects or programs involving public safety, causing especially major harms to public assets, or the national and public interest.

"Where the personnel provided for in the preceding paragraph seek others' assets or illegally accept others' assets, and it simultaneously constitutes another crime, trial and sentencing is to be in accordance with the heavier crime.

"Where the people provided for in the first paragraph are seriously irresponsible and issue proof documents that are seriously untrue and cause serious consequences, they are to be sentenced to up to 3 years imprisonment or short-term imprisonment, and/or a fine.

17: add one article after article 246 to be article 246-1:

"Insulting or defaming heroes and martyrs, and harming the public interest, where the circumstances are serious, is to be given a sentence of up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights."

18. Change article 271 paragraph 1 to read:

"Where staff of companies, enterprises, or other units use their position to facilitate illegally taking possession of company assets as their own, and the amount is larger, they are to be sentenced to up to three years imprisonment or short-term detention and a fine; where the amount is huge the sentence is to be between three and ten years imprisonment and a concurrent fine; where the amount is especially huge or there are other the sentence is to be 10 or more years imprisonment or indefinite imprisonment, and a concurrent fine or confiscation of property.

19. Change Criminal Law article 272 to read:

"Where staff of companies, enterprises, or other units use their position to facilitate misappropriating company assets as their own use or to lend to others, and the amount is larger and has not been returned after 3 months, or where it is not over 3 months but the amount is larger and they have conducted for-profit or illegal activities, they are to be sentenced to up to three years imprisonment or short-term detention; where the amount is huge, the sentence is to be between 3 and 7 years imprisonment and a concurrent fine; where the amount is especially huge or there are other the sentence is to be 7 or more years imprisonment or indefinite imprisonment, and a concurrent fine or confiscation of property.

"Where personnel at state-owned companies, enterprises, or other state-owned units who engage in official matters, or personnel who engage in public affairs who are sent by these units to non-state-owned companies, enterprises, and other units have the conduct provided for in the preceding paragraph, trial and sentencing is to be in accordance with article 384 of this Law.

“Where there is conduct provided for in the first paragraph, but misappropriated funds are returned before a prosecution is initiated, the punishment may be mitigated or commuted."

20. Add one article after Criminal Law article 293, to be article 293-1:

"In any of the following situations, collection of high-interest loan debt or other debts that the law does not protect, or having this as a business, is to be sentenced with up to three years imprisonment, short-term imprisonment, or controlled relates, and/or a fine;

"(1) Using violence or coercive methods;

"(2) Limiting others' physical liberty or encroaching on others' domiciles, where the circumstances are milder;

"(3) Intimidating, following, or harassing others, where the circumstances are serious.

"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."

21. Change article 330 paragraph 1 to read:

"In any of the following circumstances, violations of laws on the prevention and control of infectious diseases that cause the spread of Class A infectious diseases or diseases that have been lawfully designated for taking Class A prevention and control measures, or that pose a serious danger of spreading, are to be sentenced to up to 3 years imprisonment or short-term detention, and where the consequences are especially serious, the sentence is to be between 3 and 7 years imprisonment;

"(1) The drinking water provided by water companies does not meet health standards set by the state;

"(2) Refusing to follow health requirements put forward by the infectious disease prevention and control bodies to disinfect sewage, waste, or human waste that is contaminated by pathogens;

(3) Allowing or permissively tolerating those infected with infectious diseases, infectious disease carriers, or those suspected of being infected to engage in work that State Council Administrative Health Departments have prohibited them to work in as they easily spread the disease;

"(4) Selling or transporting goods from infected areas that have been contaminated by infectious disease pathogens or might be so contaminated, without disinfecting;

" (5) Refusing to perform prevention or control measures put forward by county-level or higher level people's governments or infectious disease prevention and control bodies in accordance with the laws on the prevention and control of infectious diseases.

22. Add one article after article 334 to be article 334-1:

"Where relevant state provisions are violated in any of the following circumstances endangering the public health or societal public interest, and the circumstances are serious, a sentence of up to 3 years imprisonment, short-term detention, or controlled-release is to be given, and/or a fine; and where the circumstances are especially serious, the sentence is to be between 3 and 7 years imprisonment and a fine:

"(1) Illegally collecting national human genetic resources;

" (2) Illegally transporting, shipping, or carrying National human genetic materials out of the mainland territory;

" (3) Failing to have a security review when providing overseas organizations, individuals, or entities that they have established or actually control with national human genetic resource information, or opening it for their use. "

23. Add one article after Criminal Law Article 336 to be article 336-1:

"Where relevant state provisions are violated to implant genetically edited or cloned embryos into human or animal bodies, and the circumstances are serious, a sentence of up to 3 years imprisonment or short-term detention is to be given, and a concurrent fine; where the circumstances are especially serious, the sentence is to be between 3 and 7 years imprisonment and a fine. "

24: Change article 338 to read:

"Where state provisions are violated to discharge, dump, or dispose of radioactive waste, wastes containing infectious disease pathogens, toxic substances or other harmful substances, and seriously pollutes the environment, the sentence is to be up to 3 years imprisonment or short-term imprisonment, and/or a fine; where the consequences are serious, the sentence is to be between 3 and 7 years imprisonment and a fine; and in any of the following circumstances, the sentence is to be 7 or more years imprisonment;

"(1) discharging, dumping or disposing of radioactive waste, wastes containing infectious disease pathogens, or toxic substances in areas protected as sources of drinking and core areas of nature reserves, causing especially serious consequences;

"(2) discharging, dumping or disposing of radioactive wastes, wastes containing infectious disease pathogens, or toxic substances into important rivers and lakes designated by the state, causing especially serious consequences;

"(3) Causing large areas of basic farmland to lose their basic functions to suffer permanent damage;

"(4) Causes serious injury or death.

"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."

25. Add a paragraph to Criminal Law article 341 as paragraph 3:

"Where regulations on wildlife protection and management are violated, to hunt, purchase, transport, or sell terrestrial wildlife other than that provided for in the preceding two paragraphs, for the purpose of eating, and the circumstances are serious, punishment is to be in accordance with the preceding paragraph."

26. Add one article after Criminal Law article 344, to be article 344-1:

Violating national regulations by introducing, releasing, or abandoning invasive foreign species, where the circumstances are serious, is sentenced to up to three years imprisonment or short-term detention and/or a fine."

27. Add one article after Criminal Law article 345, to be article 345-1:

Violating regulations on the protection and management of nature by carrying out reclamation and development activities or building and construction, where there are serious consequences, is to be given a sentence of up to 5 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."

28. Change the first paragraph of Criminal Law article 408 to read:

"Where staff of state organs that have duties of oversight and management over food and drug safety abuse their authority or derelict their duties and have any of the following circumstances, a sentence of up to five years imprisonment or short-term detention is to be given; where especially serious consequences are caused, the sentence is to be between 5 and 10 years imprisonment;

"(1) Concealing, falsifying, or omitting food and drug safety incidents in reports where the circumstances are serious;

"(2) Failing to promptly investigate serious food and drug safety violations that are discovered;

" (3) failure to promptly discover major food and drug safety threats in the area of their oversight and management;

" (4) Giving permits to applications where requirements are not met, and the circumstances are serious;

"(5) Not transferring cases that should be transferred to the judicial organs for the pursuit of criminal responsibility in accordance with law."

29. Change paragraph 2 of Criminal Law Article 431 to read:

"Where military secrets are stolen, pried into, bought, or illegally provided for overseas institutions, organizations, or personnel, a sentence of between 5 and 10 years imprisonment is to be given; where the circumstances are serious, the sentence is to be 10 or more years imprisonment, life imprisonment, or death; and where the circumstances are more minor the sentence is to be up to 5 years imprisonment."

30. Change Criminal Law article 450 to read:

"This chapter applies to active-duty officers, civilian cadres, soldiers and students with military status in the Chinese People's Liberation Army, and active-duty officers, civilian cadres, soldiers and students with military status of the Chinese People's Armed Police Force, as well as civilian personnel, reserve personnel performing military tasks and others"

31. This Amendment takes effect on __, _____.

 

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