PRC Criminal Law Amendment XI (Second Reading Draft)

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中华人民共和国刑法修正案(十一)(草案)(二次审议稿)

1. Amend Criminal Law Article 17 to read:

Persons already 16 years old shall bear criminal responsibility.

Persons already 14 years old but not yet 16 years old, shall bear criminal responsibility for committing crimes of intentional homicide, intentional harm causing death or serious injury, rape, robbery, selling drugs, arson, detonation of explosives or placement.of hazardous materials.

Persons already 12 years old but not yet 14 years old who commit the crimes of intentional homicide or intentional injury, causing death, where the circumstances are vile, shall be held criminally responsible upon approval by the Supreme People’s Procuratorate.

Punishment shall be mitigated or commuted for persons under 18 years old who are pursued for criminal responsibility in accordance with the preceding three paragraphs.

When persons are not given criminal punishment because they are not yet 16 years old, instruct their parents or guardians to increase discipline of them; and when necessary, conduct special corrections and education in accordance with law.

2. Add one article after Article 133-1 of the Criminal Law as Article 133-2:

Those who use violence against drivers of public transportation or seize control of the vehicles' operation, disrupting the normal driving of the public transport and endangering public safety are to be given up to one year imprisonment, short-term detention, or controlled release, and/or a fine.

Where the drivers provided for in the preceding paragraph leave their duties without authorization, fight with or strike others on public transportation they are driving, and endanger public safety, they are to be punished in accordance with the preceding paragraph.

Where the acts in the preceding two paragraphs cause injury, death, or other serious consequences, and simultaneously constitute other crimes, it shall be convicted and punished as the crime with the heavier punishment.

3. Amend the second paragraph of Article 134 of the Criminal Law 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 has 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, concealing, or destroying related data and information;

(2) Where due to the threat of a major accident, one has been ordered to suspend production and 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, construction, or the production, sale, or storage of hazardous materials, or other highly dangerous production operations and activities.

5. Amend Article 141 of the Criminal Law to read:

Where fake medicines are produced or sold, 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 10 years imprisonment and a concurrent fine; where it causes death or there are other especially 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 the personnel of units that use medicine knowingly provide fake medicine for the use of others, punishment is to be in accordance with the provisions of the first paragraph.

6. Amend Article 142 of the Criminal Law 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 consequences are particularly 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 one 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 sufficiently to cause harm to human health, the sentence is to be up to three years imprisonment or short-term detention and/or a fine; where there are serious threats to human health or other serious circumstances the sentence is to be between three and seven 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) Producing or importing medicines without obtaining documents proving approval or knowingly selling medicines described above;

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

(4) 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. Ammend 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 issues stocks, corporate bonds, enterprise bonds, depositary receipts or other securities recognized by the State Council in accordance with law, 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 1 and 20 times 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. Ammend Criminal Law article 161 to read:

Where companies or enterprises that have 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 controlling shareholders or actual controllers of the companies and enterprises provided for in the preceding paragraph carry out or organize and direct the conduct in the preceding paragraph, or conceal relevant facts causing the situations provided for in the preceding paragraph to occur, punishment is to be in accordance with the provisions of the preceding paragraph.

Where the shareholders or actual controllers provided for in the preceding paragraph are units, a fine should be imposed on the work unit and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the first paragraph.

10. Amend the first paragraph of Article 163 of the Criminal Law 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. Ammend 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. Amend Article 176 of the Criminal Law to read:

Illegally taking in public deposits or indirectly taking in public deposits, 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.

Where units commit the crimes provided for in the preceding paragraph, a fine should be imposed on the unit and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the first paragraph.

Where the conduct in the preceding two paragraphs occurs but the assets are returned before indictment, reducing the harmful outcomes, the punishment may be mitigated or commuted.

13. Ammend the first paragraph of Criminal Law article 182 to read:

In any of the following circumstances, where the securities or futures market is manipulated to affect the trading prices or trading volume of securities or futures, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine; and where circumstances are especially serious a sentence of between 5 and 10 years imprisonment is to be given and a concurrent fine.

(1) pooling capital advantages, holding shares or holding positions, or using information advantages to buy and sell jointly or continuously, either alone or in collusion;

(2) Colluding with others to conduct securities and futures transactions with each other at a pre-agreed time, price and manner;

(3) Trading securities between accounts actually controlled by oneself, or buying and selling futures contracts with oneself as the trading object;

(4) Making frequent or large numbers of declarations on the purchase and sale of securities and futures contracts and withdrawing the declarations, for purposes other than making a transaction;

(5) Using false or uncertain important information to induce investors to trade in securities or futures.

(6) Making appraisals, forecasts, or investment suggestions on the disclosure of securities, securities issuers, or futures trading targets, and concurrently conducting reverse securities trading or related futures trading;

(7) Manipulating securities and futures markets through other means.

14. Amend Article 191 of the Criminal Law to read:

Where any of the following conduct is committed to cover up or conceal the source and nature of income and proceeds from drug crimes, organized crimes by underworld organizations, terrorist crimes, smuggling crimes, criminal embezzlement and bribery, crimes undermining the order of financial management, financial fraud crimes, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine; and where circumstances are serious a sentence of between 5 and 10 years imprisonment is to be given and a concurrent fine.

(1) Providing a funding account;

(2) converting property into cash, financial instruments, or marketable securities;

(3) transferring funds through transfers or other methods of payment and settlement;

(4) transferring assets across borders;

(5) Covering up or concealing the origin and nature of the crime income and its proceeds by other methods.

Where units commit the crimes provided for in the preceding paragraph, a fine should be imposed on the unit and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the first paragraph.

15. Amend Article 192 of the Criminal Law to read:

Where, for the purpose of illegal possession, fraudulent methods are used to raise funds illegally, and the amount is larger, a sentence or between three and seven years imprisonment and concurrent fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of seven or more years imprisonment, indefinite detention, and a concurrent fine or confiscation of assets is to be given.

Where units commit the crimes provided for in the preceding paragraph, a fine should be imposed on the unit and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the first paragraph.

16. Amend Article 200 of the Criminal Law to read:

Where units commit the crimes provided for in articles 194 or 195 of this Law, the unit is to be given a fine, and the directly responsible managers and other directly responsible personnel are to be given up to 5 years imprisonment or short-term detention and may be given a concurrent fine; where the amount is huge or there are other serious circumstances, the sentence is between five 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.

17. Amend Article 219 of the Criminal Law to read:

Where any of the following acts violating commercial secrets are committed and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; and where circumstances are especially serious a sentence of between three and ten years imprisonment is to be given 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, leaks, uses or allows others to use commercial secrets, it is viewed as infringements of the commercial secrets.

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.

18. Add one article after Article 219 of the Criminal Law 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.

19: Amend Article 229 of the Criminal Law to read:

Where the personnel of intermediary organizations with duties such as asset assessment, capital verification, document verification, accounting, auditing, legal services, sponsorship, security assessment, environmental impact assessment, or environmental monitoring 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, legal services, sponsorship, and other supporting documents related to the issuance of securities, where the circumstances are especially serious;

(2) Providing false asset evaluation, accounting, auditing, and other supporting documents related to transactions of significant assets, where the circumstances are especially 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 personnel provided for in the first paragraph are seriously irresponsible, and the certification documents issued by them are seriously inaccurate, causing serious consequences, they are to be sentenced to up to three years imprisonment, short-term detention, and/or a fine.

20. Amend Article 236 of the Criminal Law to read:

Rape of women by violence, coercion, or other means is to be sentenced by between three to ten years imprisonment.

Fornication with an underage girl not yet 14 years old, is considered rape and given a heavy punishment.

In any of the following circumstances, rape of a woman or fornication with an underage girl is to be given 10 or more years imprisonment, indeterminate imprisonment, or the death penalty:

(1) rape of a women or fornication with an underage girl where the circumstances were heinous;

(2) rape of women or fornication with underage girls where there are multiple victims;

(3) Raping women or fornicating with young girls in public places;

(4) Gang rape by two or more persons;

(5) fornicating with a young girl under the age of ten or causing injury to an underage girl;

(6) causing serious injury, death, or other serious consequences to the victim.

21. Add an article after Article 236 of the Criminal Law as Article 236-1:

Where persons who have special duties towards female minors who are between 14 and 16 years of age, such as for guardianship, adoption, care, education, or medical treatment have sexual relations with the female minor, they are to be sentenced to up to three years imprisonment; and where the circumstances are heinous they are to be sentenced to imprisonment of between three and ten years. Where conduct in the preceding paragraph simultaneously constitutes the crimes provided for in article 236 of this Law, conviction and sentencing are to be in accordance with the crime that has heavier punishments.

22. Amend paragraph 3 of Article 237 of the Criminal Law to read:

Those who molest children are to be sentenced to up to five years imprisonment; and in any of the following circumstances, they are to be sentenced to imprisonment of five years or more:

(1) Molesting multiple children, or molesting children multiple times;

(2) Gathering groups to molest children or molesting children in a public place before the people;

(3) causing injury to a child or other serious consequences;

(4) Where the methods of molestation were vile or there were other heinous circumstances.

23. Amend the first paragraph of Article 271 of the Criminal Law to read:

Where the staff of companies, enterprises, or other units take advantage of their positions to facilitate the illegal taking of the unit's assets as their own, they are to be given a sentence of up to three years imprisonment, short-term detention, and a concurrent fine; where the amount in question is huge, a sentence of between three and ten years imprisonment and a fine are to be given; where the amount in question is especially huge, a sentence of 10 or more years imprisonment is to be given, or indefinite detention and a fine.

24. Amend Article 272 of the Criminal Law to read:

Where the staff of companies, enterprises, or other units take advantage of their positions to facilitate the illegal taking of the unit's assets for their own use or to lend to others, and the amount in question larger and they have not returned it with 3 months, or where three months have not yet passed but the amount in question is larger and they have engaged in for-profit activities, they are to be sentenced to up to three years imprisonment or short-term detention; where a huge amount of unit funds are taken, a sentence of between three and seven years imprisonment is to be given; and where the amount is especially huge, a sentence of seven years or higher is to be given. 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. Of these, where the crime is relatively minor, punishment may be reduced or waived.

25. Amend the fifth paragraph of Article 277 of the Criminal Law to read:

Where people's police who are carrying out official business in accordance with law are violently attacked, give a sentence of up to three years imprisonment, short-term detention, or controlled release; and where guns or controlled knives,or motor vehicles are used to crash into them, seriously endangering their physical safety, a sentence of between three and seven years imprisonment is to be given. Where people are seriously injured or killed, and it constitutes other crimes at the same time, follow the provisions for the heavier punishment at trial and in sentencing.

26. Add one article after Article 280-1 of the Criminal Law as Article 280-2:

Stealing or fraudulently using another's identity to obtain their higher education qualifications, civil service entrance qualifications, and employment placement benefits is to be given a sentence of up to three years imprisonment, short-term detention, or controlled-release, and a concurrent fine.

Organizes or instructing others to carry out the acts mentioned in the preceding paragraph is to be punished heavily in accordance with the provisions of the preceding paragraph.

27. Add one article after Article 291 of the Criminal Law as Article 291-2:

Where objects are thrown from buildings or high altitudes and the circumstances are serious, a sentence of up to one year imprisonment, short-term detention, or controlled release, and/or a fine is to be given.

Where the conduct in the preceding paragraph is committed, and it constitutes other crimes at the same time, follow the provisions for the heavier punishment at trial and in sentencing.

28. Add one article after Article 293 of the Criminal Law 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, and the circumstances are serious, 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) Illegally restricting others physical liberty or illegally trespassing in the residence of others;

(3) Intimidating, stalking, or harassing others.

29. Add one article after Article 299 of the Criminal Law as article Article 299-1:

Insulting, defaming, or otherwise infringing on the reputation and honor of heroes and martyrs, 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.

30. Amend Article 303 of the Criminal Law to read:

Gathering people to gamble or having gambling as a business for the purpose of profit, is punishable by up to three years imprisonment, short-term detention, controlled release, and a concurrent fine.

Where casinos are opened, a sentence of up to five years imprisonment, short-term detention, or controlled release and a concurrent fine is to be given; and where circumstances are serious, a punishment of between 5 and 10 years imprisonment and a concurrent fine is to be given.

Where persons setting up or managing casinos overseas, or others they appoint, organize and solicit citizens of the PRC to go abroad and participate in gambling, and the amount in question is huge or there are other serious circumstances, it is to be punished in accordance with the provisions of the preceding paragraph.

31. Amend the first paragraph of Article 330 of the Criminal Law 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.

32. Add one article after Article 334 of the Criminal Law to be Article 334-1:

Where relevant state regulations are violated by illegally collecting our nation's human genetic resources, or by illegally transporting, mailing, or carrying our nation's human genetic resources abroad, endangering public health or the societal public interest, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or controlled release is to be given, and/or a fine; where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a fine is to be given.

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

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

34. Amend article 339 of the Criminal Law 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 circumstances 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, and a concurrent fine;

(1) discharging, dumping or disposing of radioactive waste, wastes containing infectious disease pathogens, or toxic substances in areas protected as sources of drinking water, core areas of nature reserves, and other areas designated as key regions for ecological protection, 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 permanently lose their basic functions or to suffer permanent damage;

(4) causing serious injury or serious illness to many persons, or causing serious disability or death.

Where the conduct in the preceding paragraph is committed, and it constitutes other crimes at the same time, follow the provisions for the heavier punishment at trial and in sentencing.

35. Add a paragraph in Article 341 of the Criminal Law as the third paragraph:

Violating regulations on the protection and management of wildlife by illegally hunting, purchasing, transporting, or sale of terrestrial wildlife provided for in the first paragraph for the purpose of eating, where the circumstances are serious, is to be punished in accordance with the provisions of the preceding paragraph.

36. Add one article after Article 344 of the Criminal Law to be Article 344-1:

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

37. Add one article after Article 345 of the Criminal Law to be Article 345-1:

Violations of regulations on the protection and management of wildlife by carrying out reclamation and development activities or construction and reconstruction of buildings, in national parks or national-level preservation areas, where there are serious consequences or other heinous circumstances, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine.

Where the conduct in the preceding paragraph is committed, and it constitutes other crimes at the same time, follow the provisions for the heavier punishment at trial and in sentencing.

38. Add one article after Article 355 of the Criminal Law to be Article 355-1:

Those who induce, incite, or trick athletes into using stimulants to participate in major domestic or international sports competitions, or who provide stimulants to athletes knowing that they are participating in the above competitions, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, or controlled release, and a concurrent fine.

Where organizing or compelling athletes to use stimulants, punishment is to be as provided in the preceding paragraph.

39. Amend the first paragraph of Criminal Law Article 408-1 to read:

Where the staff of state organs with food and drug safety oversight and management duties abuse their power or neglect their duties, and have one of the following circumstances, causing serious consequences or other serious circumstances, they are to be sentenced to up five years imprisonment; and where especially serious consequences are caused or there are other especially serious circumstances, a sentence of between 5 and 10 years imprisonment is to be given"

(1) Concealing or falsely reporting food safety accidents or drug safety incidents;

(2) failure follow provisions to investigate and punish serious food and drug safety violations that are discovered;

(3) Granting permission for applications that do not meet the requirements during procedures for the examination and evaluation of special foods such as medicines and infant formula;

(4) Not making transfers to the justice organs for the pursuit of criminal responsibility as the law requires;

(5) Where there are other incidents of abusing authority or dereliction of duty.

40. Amend the second paragraph of Criminal Law Article 431 to read:

Where military secrets are stolen, spied into, purchased, or illegally provided for foreign institutions, organizations, or personnel, a sentence of between five and ten years imprisonment is to be given; and where the circumstances are serious, a sentence of ten or more years, indeterminate detention, or death is to be given.

41. Amend Criminal Law Article 450 to read:

This Chapter applies to active officers, civilian cadres, soldiers and students with military status in the Chinese People's Liberation Army and active police officers, civilian cadres, soldiers and students with military status in the Chinese People's Armed Police Force, as well as civilian personnel, reserve personnel performing military tasks, and other personnel.

42. This amendment is to take force on __/__/__.

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