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中华人民共和国刑法(修正)(一)

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中华人民共和国刑法(修正) CRIMINAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979, revised at the Fifth Session of the Eighth National People's Congress on March 14, 1997)
颁布日期:19970314  实施日期:19790701  颁布单位:全国人大

  Contents Part One General Provisions

  Chapter I The Tasks, Basic Principles and Scope of Application of the Criminal Law

  Chapter II Crimes

  Section 1 Crimes and Criminal Responsibility

  Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation of a Crime

  Section 3 Joint Crimes

  Section 4 Crimes committed by a unit

  Chapter III Punishments

  Section 1 Types of Punishments

  Section 2 Public Surveillance

  Section 3 Criminal Detention

  Section 4 Fixed-term Imprisonment and Life Imprisonment

  Section 5 The Death Penalty

  Section 6 Fines

  Section 7 Deprivation of Political Rights

  Section 8 Confiscation of Property

  Chapter IV The Concrete Application of Punishments

  Section 1 Sentencing

  Section 2 Recidivists

  Section 3 Voluntary Surrender and Rendering Meritorious Service

  Section 4 Combined Punishment for Several Crimes

  Section 5 Suspension of Sentence

  Section 6 Commutation of Punishment

  Section 7 Parole

  Section 8 Limitation

  Chapter V Other Provisions Part Two Specific Provisions

  Chapter I Crimes of Endangering the State Security

  Chapter II Crimes of Endangering Public Security

  Chapter III Crimes of Undermining the Socialist Market Economic Order

  Section 1 Crimes of Production and Sale of Fake or Substandard Commodities

  Section 2 Crimes of Smuggling

  Section 3 Crimes of Impairing Order of Administering upon Companies and Enterprises

  Section 4 Crimes of Undermining Order of Administering upon Banking

  Section 5 Crimes of Financial Fraud

  Section 6 Crimes of Endangering Taxes Collection and Administration

  Section 7 Crimes of Infringing upon Intellectual Property Rights

  Section 8 Crimes of Disturbing Market Order

  Chapter IV Crimes of Infringing upon the Rights of the Person and the Democratic Rights of Citizens

  Chapter V Crimes of Property Violation

  Chapter VI Crimes of Obstructing the Administration of Public Order

  Section 1 Crimes of Disturbing Public Order

  Section 2 Crimes of Impairing Judicial Activities

  Section 3 Crimes of Impairing Regulations of National Boundary (Borderline)

  Section 4 Crimes of Impairing Regulations of Cultural Relics

  Section 5 Crimes of Endangering Public Health

  Section 6 Crimes of Undermining Protection of Environmental Resource

  Section 7 Crimes of Smuggling, Trafficking in, Transporting and Manufacturing Narcotic Drugs

  Section 8 Crimes of Organizing, Forcing, Luring, Sheltering and Introducing Women into Prostitution

  Section 9 Crimes of Manufacturing, Trafficking in and Disseminating Pornographic Articles

  Chapter VII Crimes of Endangering Interests of National Defence

  Chapter VIII Crimes of Embezzlement and Bribery

  Chapter IX Crimes of Dereliction of Duty

  Chapter X Crimes Contrary to Duties Committed by Servicemen Supplementary Provisions

  Part One General Provisions

  Chapter I The Tasks, Basic Principles and Scope of Application of the Criminal Law

  Article 1 This Law is formulated with a view to punishing crimes and protecting the people, and in accordance with the Constitution, and in the light of the concrete experiences in fighting against crimes and the actual circumstances.

  Article 2 The tasks of the Criminal Law of the People's Republic of China are to use criminal punishments to fight against all criminal acts in order to defend the security of the State; to defend the political power of the people's dictatorship and socialist system; to protect property owned by the State and the property collectively owned by the working people; to protect the citizens' privately owned property; to protect the citizens' rights of the person and their democratic and other rights; to maintain public order and economical order, and to safeguard the smooth progress of the cause of the socialist revolution and socialist construction.

  Article 3 Where an act is expressly defined in laws as a criminal act, it shall be determined and punished as a criminal act in accordance with the law; where an act is not expressly defined in the laws as a criminal act, it shall not be determined and punished as a criminal act.

  Article 4 Anyone who commit a crime shall be equal in applying the law. No one is privileged to be beyond the law.

  Article 5 The lightness or heaviness of the punishments shall be in accordance with the criminal acts and the criminal responsibility of the criminals.

  Article 6 This Law is applicable to anyone who commits a crime within the territory of the People's Republic of China, unless the case is covered by special legal provisions.

  This Law is also applicable to anyone who commits a crime on board a ship or an aircraft of the People's Republic of China.

  If the criminal act or its consequence takes place within the territory of the People's Republic of China, the crime shall be deemed to have been committed within the territory of the People's Republic of China.

  Article 7 This Law is applicable to the citizens of the People's Republic of China who commit crimes prescribed in this Law outside the territory of the People's Republic of China; however, they may not be investigated if for those crimes this Law prescribes a maximum punishment of fixed-term imprisonment of not more than three years.

  This Law is applicable to state functionaries and servicemen of the People's Republic of China who commit crimes outside the territory of the People's Republic of China.

  Article 8 This Law may be applicable to any foreigner who commits a crime outside the territory of the People's Republic of China, against the state of the People's Republic of China or against its citizens, if for that crime this Law prescribes a minimum punishment of fixed-term imprisonment of not less than three years; however, this does not apply to a crime that is not punishable according to the law of the place where it was committed.

  Article 9 This Law is applicable to the crimes prescribed in the international treaties concluded or acceded to by the People's Republic of China and over which the People's Republic of China has criminal jurisdiction within its obligation in accordance with the treaties.

  Article 10 If any person commits a crime outside the territory of the People's Republic of China for which according to this Law he would bear criminal responsibility, he may still be dealt with according to this Law, even if he has already been tried in a foreign country. However, if he has already received criminal punishment in the foreign country, he maybe exempted from punishment or given a mitigated punishment.

  Article 11 The criminal responsibility of foreigners who enjoy diplomatic privileges and immunities shall be resolved through diplomatic channels.

  Article 12 If an act committed after the founding of the People's Republic of China and before the entry into force of this Law was not deemed a crime under the laws in force at the time, those laws shall apply. If the act was deemed a crime under the laws in force at that time and is subject to prosecution under the provisions of Section 8, Chapter IV of the General Provisions of this Law, criminal responsibility shall be investigated according to those laws. However, if this Law does not deem it a crime or imposes a lighter punishment, this Law shall apply.

  The effective judgments made in accordance with the laws in force at that time before the entry into force of this Law, shall keep their effectiveness.

  Chapter II Crimes

  Section 1 Crimes and Criminal Responsibility

  Article 13 A crime refers to an act that endangers the sovereignty and territorial integrity and security of the state; dismembers the state and subverts the political power of the people's dictatorship and overthrows the socialist system; disrupts social order and economic order; violates property owned by the state or collectively owned by the working people; violates the citizens' privately owned property or infringes upon the citizens' rights of the person and their democratic and other rights; and any other act that endangers society and is punishable according to law. However, an act that is clearly of minor importance and little harm shall not be considered a crime.

  Article 14 An intentional crime refers to a crime committed by a person who clearly knows that his act will produce socially dangerous consequences but who wishes or allows such consequences to occur.

  Criminal responsibility shall be borne for intentional crimes.

  Article 15 A negligent crime refers to a crime committed by a person who should have foreseen that his act would possibly produce socially dangerous consequences but who fails to do so through negligence or, having foreseen the consequences, readily believes that they can be avoided, the result being that these consequences do occur.

  Criminal responsibility shall be borne for negligent crimes only when the law so provides.

  Article 16 If an act in fact results in harmful consequences due to unavoidable or unforeseeable causes rather than intent or negligence, it shall not be a crime.

  Article 17 Any person who has reached the age of 16 and who commits a crime shall bear criminal responsibility.

  Any person who has reached the age of 14 but not the age of 16 and who commits homicide, intentionally injuring another person resulting in serious bodily injury or death, rape, robbery, selling narcotic drugs, arson, causing explosion, or spreading poisons, shall bear criminal responsibility.

  Any person who has reached the age of 14 but not the age of 18 and who commits a crime shall be given a lighter or mitigated punishment.

  If a person is not punished because he has not reached the age of 16, the head of his family or his guardian shall be ordered to discipline and educate him. When necessary, he may also be taken in by the government for reeducation.

  Article 18 If a mental patient causes dangerous consequences at a time when he is unable to recognize or control his own conduct, and such a circumstance is confirmed by a forensic doctor, he shall not bear criminal responsibility, but his family members or guardian shall be ordered to keep him under strict surveillance and arrange for his medical treatment. When necessary, he may also be arranged for medical treatment under coercion by the government.

  Any person whose mental illness is of an intermittent nature shall bear criminal responsibility if he commits a crime when he is in a normal mental state.

  Any mental patient who does not lose completely the ability to recognize or control his own conduct and commits a crime shall bear criminal responsibility, but he may be given a lighter or mitigated punishment.

  Any intoxicated person who commits a crime shall bear criminal responsibility.

  Article 19 Any deaf-mute or blind person who commits a crime may be given a lighter or mitigated punishment or be exempted from punishment.

  Article 20 Where a person conducts an act to stop an unlawful infringement in order to avert an immediate and unlawful infringement of the state's interest or of the public interest or of his own or another person's rights of the person, or property rights, or other rights, resulting in harm to the unlawful in fringer, such an act shall be justifiable defence, and criminal responsibility shall not be borne for such an act.

  Criminal responsibility shall be borne if justifiable defence apparently exceeds the limits of necessity and causes serious harm; however, a mitigated punishment or exemption from punishment shall be given.

  Where a defence is conducted to an immediate violent crime of committing physical assault, committing homicide, robbery, rape, kidnapping, and other crimes seriously endangering the security of a person, and it causes bodily in juror death to the unlawful in fringer, such an act shall not be defence that exceeds the limits of necessity, and criminal responsibility shall not be borne for such an act.

  Article 21 Criminal responsibility shall not be borne for an act that a person is compelled to commit in an emergency to avert an immediate danger to the state's interest or the public interest or to his own or another person's rights of the person or property rights or other rights, and that causes harm.

  Criminal responsibility shall be borne if an act committed in an emergency to avert danger exceeds the limits of necessity and causes undue harm; however, a mitigated punishment or exemption from punishment shall be given.

  The provisions of the first paragraph of this Article with respect to averting danger to oneself shall not apply to a person who is charged with specific responsibility in his post or profession.

  Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation of a Crime

  Article 22 Preparation for a crime refers to the preparation of the instruments or the creation of the conditions for a crime.

  An offender who prepares for a crime may, in comparison with one who completed the crime, be given a lighter or mitigated punishment or be exempted from punishment.

  Article 23 A criminal attempt refers to a case where an offender has already begun to commit a crime but is prevented from completing it for reasons independent of his will.

  An offender who attempts to commit a crime may, in comparison with one who completed the crime, be given a lighter or mitigated punishment.

  Article 24 Discontinuation of a crime refers to cases where, in the process of committing a crime, the offender voluntarily quits continuing the crime or voluntarily and effectively prevents the consequences of the crime from occurring.

  Where an offender who discontinues a crime and causes no harm, exempted from punishment shall be given; where an offender causes harm, a mitigated punishment shall be given.

  Section 3 Joint Crimes

  Article 25 A joint crime refers to an intentional crime committed by two or more persons jointly.

  A negligent crime committed by two or more persons jointly shall not be punished as a joint crime; those who should bear criminal responsibility shall be individually punished according to the crimes they have committed.

  Article 26 A principal criminal refers to any person who organizes and leads a criminal group in carrying out criminal activities or plays a principal role in a joint crime.

  A criminal group refers to any relatively stable criminal organization which is composed of more than three persons for the purpose of committing a crime jointly.

  A ringleader who organizes and leads a criminal group shall be given a punishment according to all the crimes the group has committed.

  A principal criminal unless otherwise stipulated in the third paragraph shall be given a punishment according to all the crimes that he participates in or organizes or commands.

  Article 27 An accomplice refers to any person who plays a secondary or auxiliary role in a joint crime.

  An accomplice shall be given a lighter or mitigated punishment or be exempted from punishment.

  Article 28 A person who is compelled to participate in a crime shall, according to the circumstances of his crime, be given a mitigated punishment or be exempted from punishment.

  Article 29 A person who instigates others to commit a crime shall be punished according to the role he has played in the joint crime. Anyone who instigates a person under the age of 18 to commit a crime shall be given a heavier punishment.

  If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.

  Section 4 Crimes Committed by a Unit

  Article 30 A company, enterprise, institution, organ, or public organization that conducts an act harmful to society, where such an act is stipulated as a crime, shall bear criminal responsibility.

  Article 31 A unit which commits a crime shall be punished with a fine, and the person(s) directly in charge and other person(s) directly involved in the crime shall be given a punishment. Where Specific Provisions of this Law or other laws stipulate otherwise, such stipulation shall be applied.

  Chapter III Punishments

  Section 1 Types of Punishments

  Article 32 Punishments are divided into principal punishments and supplementary punishments.

  Article 33 The principal punishments are as follows:

  (1) public surveillance;

  (2) criminal detention;

  (3) fixed-term imprisonment;

  (4) life imprisonment; and

  (5) the death penalty.

  Article 34 The supplementary punishments are as follows:

  (1) fines;

  (2) deprivation of political rights; and

  (3) confiscation of property.

  Supplementary punishments may be imposed independently.

  Article 35 Deportation may be imposed independently or supplementarily to a foreigner who commits a crime.

  Article 36 If a victim has suffered economic losses as a result of a crime, the criminal shall, in addition to receiving a criminal sanction according to law, be sentenced to make compensation for the economic losses in the light of the circumstances.

  If a criminal who bears civil responsibility and is punished with a fine in the meantime, has no enough property to pay off, or is punished with confiscation of property, he shall first bear responsibility of civil compensation to the victim.

  Article 37 If the circumstances of a person's crime are minor and do not require punishment, he may be exempted from criminal sanctions; however, he may, according to the different circumstances of each case, be reprimanded or ordered to make a statement of repentance, offer an apology, pay compensation for the losses or be subject to administrative punishment or administrative sanctions by the competent department.

  Section 2 Public Surveillance(*1)

  Article 38 The term of public surveillance shall not be less than three months and not more than two years.

  Where a criminal is sentenced to public surveillance, his sentence shall be executed by a public security organ.

  Article 39 A criminal who is sentenced to public surveillance must observe the following rules during the term in which his sentence is being executed:

  (1) observe laws and administrative regulations, submit to supervision;

  (2) forbidden to exercise the rights of freedom of speech, of the press, of assembly, of association, of procession and of demonstration without approval of the public organ;

  (3) report on his own activities according to the demand of the organ executing the public surveillance;

  (4) observe the stipulation on meeting with guests by the organ executing the public surveillance; and

  (5) report and obtain approval from the organ executing public surveillance for departure from the county or city where he lives or change in residence.

  Criminals sentenced to public surveillance shall, while engaged in labour, receive equal pay for equal work.

  Article 40 Upon the expiration of a term of public surveillance, the executing organ shall immediately announce the termination of public surveillance to the criminal sentenced to public surveillance and to his unit or the masses of the place of his residence.

  Article 41 A term of public surveillance shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, each day spent in custody shall be considered as two days of the term sentenced.

  Section 3 Criminal Detention

  Article 42 A term of criminal detention shall not be less than 1 months and not more than 6 months.

  Article 43 Where a criminal is sentenced to criminal detention, his sentence shall be executed by the public security organ in the vicinity.

  During the period of execution, a criminal sentenced to criminal detention may go home for one to two days each month; an appropriate remuneration may be given to those who participate in labour.

  Article 44 A term of criminal detention shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, each day in custody shall be considered as one day of the term sentenced.

  Section 4 Fixed-Term Imprisonment and Life Imprisonment

  Article 45 A term of fixed-term imprisonment, unless otherwise stipulated in Article 50 and Article 69, shall not be less than 6 months and not more than 15 years.

  Article 46 A criminal sentenced to fixed-term imprisonment or life imprisonment shall serve his sentence in prison or another place for execution. Anyone who is able to work shall participate in labour, and accepts education and reform.

  Article 47 A term of fixed-term imprisonment shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, each day in custody shall be considered as one day of the term sentenced.

  Section 5 The Death Penalty

  Article 48 The death penalty shall only be applied to criminals who have committed the most heinous crimes. If the immediate execution of a criminal punishable by death is not deemed necessary, a two-year suspension of execution may be pronounced simultaneously with the imposition of the death sentence.

  All death sentences except for those that according to law should be decided by the Supreme People's Court, shall be submitted to the Supreme People's Court for approval. Death sentences with a suspension of execution may be decided or approved by a higher people's court.

  Article 49 The death penalty shall not be imposed on persons who had not reached the age of 18 at the time the crime was committed or to women who are pregnant at the time of trial.

  Article 50 If a person sentenced to death with a suspension of execution does not commit an intentional crime during the period of suspension, his punishment shall be commuted to life imprisonment upon the expiration of that two-year period; if he performs great meritorious service, his punishment shall be commuted to fixed-term imprisonment of not less than 15 years and not more than 20 years upon the expiration of that two-year period; if it is verified that be has committed an intentional crime, the death penalty shall be executed upon the approval of the Supreme People's Court.

  Article 51 The term of suspension of execution of a death penalty shall be counted from the date the judgment becomes final. The term of a fixed-term imprisonment that is commuted from a death penalty with suspension of execution shall be counted from the date of expiration of the term of suspension of execution of a death.

  Section 6 Fines

  Article 52 The amount of any fine imposed shall be determined according to the circumstances of the crime.

  Article 53 A fine may be paid in a lump sum or in installments within the time limit specified in the judgment. If a fine is not paid upon the expiration of that time limit, the payment shall be compelled. If a person is unable to pay all the fine, a people's court shall, when it finds that the person subjected to execution has any other property, pursue the payment at any time. If a person has true difficulties in paying because of an unavoidable disaster, the fine may be reduced or remitted according to the circumstances.

  Section 7 Deprivation of Political Rights

  Article 54 Deprivation of political rights refers to deprivation of the following rights:

  (1) the right to vote and to stand for election;

  (2) the rights of freedom of speech, of the press, of assembly, of association, of procession, and of demonstration;

  (3) the right to hold a position in a state organ; and

  (4) the right to hold a leading position in any state-owned company or enterprise, institution or people's organization.

  Article 55 A term of deprivation of political rights shall not be less than one year and not more than five years, except as stipulated in Article 57 of this Law.

  If a person sentenced to public surveillance is deprived of political rights as a supplementary punishment, the term of deprivation of political rights shall be the same as the term of public surveillance, and the punishments shall be executed simultaneously.

  Article 56 Criminals who commit crimes of endangering the state security shall be sentenced to deprivation of political rights as a supplementary punishment; Criminals who commit crimes of intentional homicide, rape, arson, causing explosion, spreading poisons, robbery and other crimes which seriously undermine public order may also be sentenced to deprivation of political rights as a supplementary punishment.

  If deprivation of political rights is imposed independently, stipulation of the Specific Provisions of this Law shall be applied.

  Article 57 Criminals who are sentenced to death or to life imprisonment shall be deprived of political rights for life.

  If a death penalty with a suspension of execution is commuted to a fixed-term imprisonment, or a life imprisonment is commuted to a fixed-term imprisonment, the term of the supplementary punishment of deprivation of political rights shall be changed to not less than three years and not more than ten years.

  Article 58 A term of deprivation of political rights as a supplementary punishment shall be counted from the date on which imprisonment or criminal detention ends or from the date on which parole begins. Deprivation of political rights shall of course be in effect during the period in which the principal punishment is being executed.

  Criminals who are sentenced to deprivation of political rights shall observe laws and administrative regulations and relevant stipulations on supervision and administration promulgated by the Department of Public Security under the State Council, submit to supervision; and shall not exercise the rights of freedom stipulated in Article 54 of this Law.

  Section 8 Confiscation of Property

  Article 59 Confiscation of property refers to the confiscation of part or all of the property personally owned by a criminal. When all of the property of a criminal is confiscated, necessaries of life for the criminal and his dependent family members shall be left out.

  When a sentence of confiscation of property is imposed, property that the criminal's family members own or should own shall not be subject to confiscation.

  Article 60 If it is necessary to use a confiscated property to repay legitimate debts that the criminal incurred before his property is confiscated, such debts shall be paid at the request of the creditors.

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