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全国人民代表大会常务委员会关于惩治生产、销售伪劣商品犯罪的决定 DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON PUNISHMENT OF THE CRIMES OF PRODUCTION AND SALE OF FAKE OR SUBSTANDARD COMMODITIES

2006-05-17 10:32   我要纠错 | 打印 | 收藏 | | |

(Adopted at the Second Meeting of the Standing Committee of the Eighth National People's Congress on July 2, 1993, promulgated by Order No. 7 of the President of the People's Republic of China on July 2, 1993 and effective as of September 1, 1993)(Editor's Note: This Decision has been invalidated by the Criminal Law of the People's Republic of China revised at the Fifth Session of the Eighth National People's Congress on March 14, 1997, and effective on October 1, 1997)
时效性:失效  颁布日期:19930702  实施日期:19930901  失效日期:19971001  颁布单位:全国人大常委会

  For the purpose of punishing the crimes of production and sale of fake or substandard commodities, safeguarding human health and the safety of person and property, protecting the lawful rights and interests of users and consumers, and maintaining social and economic order, the following supplementary provisions are made to the Criminal Law:

  1. Where a producer or seller mixes impurities or imitations into a product, or passes a fake product off as a genuine one, or passes a defective product off as a high-quality one, or passes a substandard product off as a standard one, if the unlawful earnings obtained therefrom amount to not less than 20,000 yuan but less than 100,000 yuan, the offender shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and may concurrently be punished with a fine; or may be punished with an administrative sanction if the circumstances are relatively minor; if the unlawful earnings amount to not less than 100,000 yuan but less than 300,000 yuan, the offender shall be sentenced to fixed-term imprisonment of not less than two years but less than seven years with a concurrent punishment of fine; if the unlawfull earnings amount to not less than 300,000 yuan but not more than one million yuan, the offender shall be sentenced to fixed-term imprisonment of not less than seven years with a concurrent punishment of fine or confiscation of property; and if the unlawfull earnings amount to not less than one million yuan, the offender shall be sentenced to fixed-term imprisonment of fifteen years or life imprisonment with a concurrent punishment of confiscation of property.

  2. Anyone who produces or sells fake medicine definitely harmful to human health shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention with a concurrent punishment of fine; if the offence has caused serious harm to human health, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years with a concurrent punishment of fine; if the offence has caused death of a person or any other especially serious harm to human health, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment or death penalty with a concurrent punishment of fine or confiscation of property.

  Anyone who produces or sells medicine of inferior quality and thereby has caused serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years with a concurrent punishment of fine; if the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment with a concurrent punishment of fine or confiscation of property.

  “Fake medicine” mentioned in this Article refers to a medicine or a non-medical substance to be categorized as or handled as fake medicine in accordance with the provisions of Pharmaceutical Administration Law of the People's Republic of China. “Medicine of inferior quality” mentioned in this Article refers to a medicine to be categorized as a medicine of inferior quality in accordance with the provisions of Pharmaceutical Administration Law of the People's Republic of China.

  3. Anyone who produces or sells food that does not conform to hygiene standards and thereby results in a serious food-poisoning accident or any serious disease caused by food-borne bacteria, thus seriously harming human health, shall be sentenced to fixed-term imprisonment of not more than seven years with a concurrent punishment of fine; if the consequences are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment with a concurrent punishment of fine or confiscation of property.

  Anyone who mixes the food be produces or sells with toxic or harmful non-food stuffs shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and may concurrently or exclusively be punished with a fine; if the offence results in a serious food-poisoning accident or any serious disease caused by food-borne bacteria, thus seriously harming human health, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years with a concurrent punishment of fine; and if the offence has caused death of a person or any other particularly serious harm to human health, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment or death penalty with a concurrent punishment of fine or confiscation of property.

  4. Anyone who produces medical appliances or medical hygiene materials that do not conform to the national or trade standards safeguarding human health or who sells such appliances or materials while clearly knowing their inconformity to the national or trade standards safeguarding human health, thereby seriously harming human health, shall be sentenced to fixed-term imprisonment of not more than five years with a concurrent punishment of fine; if the consequences are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years with a concurrent punishment of fine; if the circumstances are especially flagrant, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment with a concurrent punishment of fine or confiscation of property.

  5. Anyone who produces electrical appliances, pressure containers, explosive or inflammable products or any other products that do not conform to the national or trade standards safeguarding the safety of person or property or who sells such products while clearly knowing their inconformity to the national or trade standards safeguarding the safety of person or property, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and be concurrently punished with a fine; if the consequences are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years with a concurrent punishment of fine.

  6. Anyone who produces fake pesticides, fake animal pharmaceuticals or fake chemical fertilizers, or sells pesticides, animal pharmaceuticals, chemical fertilizers or seeds while clearly knowing that such products are fake or no longer effective, or any producer or seller who passes substandard pesticides, animal pharmaceuticals, chemical fertilizers or seeds off as those up to standard and thereby causes considerable losses to production, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and be concurrently or exclusively punished with a fine; if the losses caused to production are heavy, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years with a concurrent punishment of fine; if the losses are especially great, the offender shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment with a concurrent punishment of fine or confiscation of property.

  7. Anyone who produces cosmetics that do not conform to the hygiene standards, or sells cosmetics while clearly knowing its inconformity with the hygienic standards and thereby cause serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may concurrently or exclusively be punished with a fine.

  8. Anyone who produces or sells products listed in Article 2 to Article 7 of this Decision, if the case does not constitute a crime as stipulated in the respective Articles but involves an unlawful earning of more than 20,000 yuan, shall be punished in accordance with the provisions of Article 1 of this Decision.

  Anyone who produces or sells products listed in Article 2 to Article 7 of this Decision, if the case constitutes a crime as stipulated in the respective Articles as well as a crime as stipulated in Article 1 of this Decision, shall be punished in accordance with the provisions demanding a heavier punishment.

  9. Any enterprise or institution that commits a crime as stipulated in Article 2 to Article 7 of this Decision shall be punished with a fine, and the persons directly in charge and other persons held directly responsible shall be investigated for their criminal responsibility in accordance with the provisions of the respective Articles.

  Any enterprise or institution that commits a crime as stipulated in Article 1 of this Decision shall be punished with a fine, and if the circumstances are flagrant, the persons directly in charge and other persons held directly responsible shall be investigated for their criminal responsibility in accordance with the provisions of Article 1 of this Decision.

  10. Any State functionary who exploits his office to intentionally shield an enterprise, institution or a person from prosecution, while clearly knowing that it or he is guilty of a crime stipulated in this Decision, shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 188 of the Criminal Law.

  Any State functionary who is charged with the responsibility of investigating an enterprise, institution or a person guilty of a crime listed in this Decision but fails to perform his duty as stipulated by the law shall, in light of the different circumstances, be investigated for criminal responsibility in accordance with the provisions of Article 187 of the Criminal Law or by applying mutatis mutandis the provisions of Article 188 of the Criminal Law.

  Any State functionary, who by abusing his power or practising jobbery, retaliates against or frame up a person who exposes or denounces any crime listed in this Decision shall be investigated for criminal responsibility in accordance with the provisions of Article 146 of the Criminal Law.

  11. Whoever commits a crime as mentioned in any article of this Decision and is found to be a recidivist, shall be given a heavier punishment.

  12. If a fine is sentenced in accordance with the provisions of this Decision, the amount of the fine shall be not less than one time but not more than five times of the unlawful earning.

  Whoever commits a crime as mentioned in any article of this Decision and thereby causes losses to the victims shall, besides being investigated for criminal responsibility in accordance with this Decision, be sentenced according to law to compensation for the losses incurred in light of the circumstances.

  Where a crime is committed as mentioned in any article of this Decision, all his earning and property illegally obtained shall be confiscated; Where a crime is committed as mentioned in Articles 2 to 7 of this Decision, the products illegally produced or marketed as listed in these Articles shall be confiscated.

  13. This Decision shall enter into force as of September 1,1993.

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