NPC Interpretations on Criminal and Criminal Procedure Laws

(Adopted at the eighth session of the Standing Committee of the Twelfth National People's Congress)

On the basis of conditions encountered in judicial practices, the Standing Committee of the National People's Congress deliberated the meaning of Article 30 of the Criminal Law and problems of the application of relevant clauses of the Criminal Law under the circumstances where work units such as companies, enterprises, public institutions, organizations, groups, etc. commit acts of jeopardizing the society, and such work units are not subject to criminal liabilities under the law; and has the following interpretation:

Where work units such as companies, enterprises, public institutions, organizations, groups etc. commit acts of jeopardizing the society under the Criminal Law, and such work units are not subject to criminal liabilities under the Specific Provisions of the Criminal Law and other laws, the person[s] who organizes, plans, and commits such acts of jeopardizing the society shall be prosecuted for criminal liabilities according to law.

It is hereby so proclaimed.

National People's Congress Standing Committee interpretation on articles 158, 159 of the "P.R.C. Criminal Law"

Xinhua News Agency, BeijingApril 24 wire:

(Adopted at the eighth session of the Standing Committee of the Twelfth National People's Congress)

After the Company Law was amended, the Standing Committee of the National People's Congress deliberated the scope of application of Article 158 and Article 159 of the Criminal Law on companies carrying out capital registration system of paid capital and subscripted capital; and has the following interpretation:

Articles 158 and 159 of the Criminal Law apply only to companies carrying out the capital registration system of paid capital according to law.

It is hereby so proclaimed.

National People's Congress Standing Committee interpretation on article 166 of the "P.R.C. Criminal Law"

Xinhua News Agency, BeijingApril 24 wire:

(Adopted at the eighth session of the Standing Committee of the Twelfth National People's Congress)

On the basis of conditions encountered in judicial practices, the Standing Committee of the National People's Congress deliberated the meaning of Article 266 of the Criminal Law and problems regarding the application of relevant clauses of the Criminal Law on the act of defrauding social insurance payment or other social security benefits such as pension, medical, unemployment, work-related injury, birth insurances, etc.; and has the following interpretation:

The act of defrauding social insurance payment or other social security benefits such as pension, medical, unemployment, work-related injury, birth insurances, etc. by committing fraud, falsifying proof documents, or employing other means shall be regarded as defrauding public and private properties under Article 266 of the Criminal Law.

It is hereby so proclaimed.

National People's Congress Standing Committee interpretation on articles 341, 312 of the "P.R.C. Criminal Law"

Xinhua News Agency, BeijingApril 24 wire:

(Adopted at the eighth session of the Standing Committee of the Twelfth National People's Congress)

On the basis of conditions encountered in judicial practices, the Standing Committee of the National People's Congress deliberated the meaning of illegally purchasing rare and endangered wild animals under special protection of the State and the products thereof as stipulated by Article 341, Section 1 of the Criminal Law, and problems regarding the application of relevant clauses of the Criminal Law on the purchase of illegally hunted wild animals as stipulated by Article 341, Section 2 of the Criminal Law; and has the following interpretation:

When [a person] knows or should know [the identity] of rare and endangered wild animals under special protection of the State and their products, and illegally purchases them for eating or other purposes, such act shall be regarded as illegally purchasing rare and endangered wild animals under special protection of the State and the products thereof under Article 341, Section 1 of the Criminal Law.

When [a person] knows or should know [the identity] illegally hunted wild animals under Article 341, Section 2 of the Criminal Law and purchases them, such act shall be regarded as knowingly purchasing the proceeds of crime under Article 312, Section 1 of the Criminal Law.

It is hereby so proclaimed.

National People's Congress Standing Committee interpretation on article 79 of the "P.R.C. Criminal Procedure Law"

Xinhua News Agency, BeijingApril 24 wire:

(Adopted at the eighth session of the Standing Committee of the Twelfth National People's Congress)

Base on the circumstances of judicatory practice, NPC Standing Committee deliberated Criminal Procedure Law Article 79 Clause 3 that breaching the regulation of bail pending trail and residential surveillance severely can enforce arrestment, and whether it applicable to criminal suspect and defendant who might be sentenced to punishment under imprisonment; and have the following interpretation:

According to Criminal Procedure Law Article 79 Clause 3, criminal suspect and defendant who might be sentenced to punishment under imprisonment can be arrested if breaching the regulation of bail pending trail and residential surveillance and severely disturbing litigation process.

It is hereby so proclaimed.

National People's Congress Standing Committee interpretation on article 271 clause 2 of the "P.R.C. Criminal Procedure Law"

Xinhua News Agency, BeijingApril 24 wire:

(Adopted at the eighth session of the Standing Committee of the Twelfth National People's Congress)

On the basis of conditions encountered in judicial practice, the Standing Committee of the National People's Congress deliberated the meaning of Criminal Procedure Law article 271 clause 2, and whether a victim may initiate a prosecution in the people's courts under article 176 in a case of conditional non-prosecution; and has the following interpretation:

People's procuratorates handling juvenile criminal cases, shall hear the opinions of the victim before making a conditional non-prosecution decision and before making a decision to not prosecute following the completion of the probationary period. Victims may make complaints to the people's procuratorate at the level above regarding a procuratorate's decision to give a juvenile suspect conditional non-prosecution or to not prosecute, and article 176 of the Criminal Procedure Law saying that victims may file suit with the people's courts is not applied.

It is hereby so proclaimed.

National People's Congress Standing Committee interpretation on article 254 clause 5 and article 257 clause 2 of the "P.R.C. Criminal Procedure Law"

Xinhua News Agency, BeijingApril 24 wire:

(Adopted at the eighth session of the Standing Committee of the Twelfth National People's Congress)

On the basis of conditions encountered in judicial practice, the Standing Committee of the National People's Congress has deliberated the meaning of Criminal Procedure Law article 254 clause 5 and article 257 clause 2, and well as cases in which the courts have decided to allow temporary enforcement of sentences outside of prison, and makes the following interpretation on the issues of which organ shall organize the diagnosis of illness, pregnancy test and evaluation of capacity to care for oneself, and which organ will deliver criminals to serve a sentence in custody:

Where before a criminal is transferred to serve their sentence, they submit an application to temporarily serve their sentence outside of prison in accordance with law, for reasons such as serious illness, being pregnant or currently nursing one's own child, or lacking ability to care for oneself; the people's court is responsible for organizing and conducting the diagnosis of illness, pregnancy examination or evaluation of capacity to care for oneself.

Under the provisions of Criminal Procedure Law article 257 clause 2, in any of the circumstances provided in Criminal Procedure Law article 257 clause 1, a criminal who is temporarily serving their sentence outside of prison shall be taken into custody; after the people's court has made a decision the public security organs will follow the provisions of Criminal Procedure Law article 253 clause 2 to deliver them to serve their sentence.

It is hereby so proclaimed.