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Amendment to the Criminal Law of the People's Republic of China (IX) (Chairman Order No. 30) 
Central government portal www.gov.cn 2015-08-30 07:42 Source: Xinhua News Agency
Order of the President of the People's Republic of China
 No. 30 
  The "Amendment to the Criminal Law of the People's Republic of China (IX)", which was adopted at the 16th meeting of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on August 29, 2015, is hereby promulgated, and will be effective from November 1, 2015 effective from today.
                                  President of the People's Republic of China Xi Jinping
                                     August 29, 2015
 
 
Amendment to the Criminal Law of the People's Republic of China (IX)
(Adopted at the 16th meeting of the Standing Committee of the Twelfth National People's Congress on August 29, 2015)
1. One article is added after Article 37 of the Criminal Law as Article 37-1: "Where a criminal is sentenced to a crime by taking advantage of occupational convenience or committing a crime that violates the specific obligations required by occupation, the people's court may According to the circumstances and the need to prevent re-offending, they are prohibited from engaging in related occupations from the date of completion of the sentence or the date of parole, for a period of three to five years.
"Where a person who is prohibited from engaging in relevant occupations violates the decision made by the people's court in accordance with the provisions of the preceding paragraph, the public security organ shall impose punishment according to law; if the circumstances are serious, he shall be convicted and punished in accordance with the provisions of Article 313 of this Law.
"If other laws and administrative regulations have other prohibitions or restrictions on engaging in related occupations, such provisions shall prevail."
2. Amend the first paragraph of Article 50 of the Criminal Law to read: "A person sentenced to a death sentence with reprieve shall be commuted to life imprisonment after the expiration of the two-year period, if there is no intentional crime during the period of the death penalty with a reprieve; After the expiration of the two-year term, it shall be commuted to 25 years of fixed-term imprisonment; if an intentional crime is committed, if the circumstances are serious, the death penalty shall be reported to the Supreme People's Court for approval; if the death penalty is not executed for an intentional crime, the period of suspended execution of the death penalty shall be recalculated and reported to the Supreme People's Court. Supreme People's Court for the record."
3. Amend Article 53 of the Criminal Law to read: "The fine shall be paid once or in installments within the time limit specified in the judgment. If the fine is not paid within the time limit, compulsory payment shall be made. If the fine cannot be paid in full, the people's court shall discover the person subject to execution at any time. Assets that are enforceable should be recovered at any time.
"If it is indeed difficult to pay due to irresistible disasters or other reasons, the payment may be postponed, reduced or exempted as appropriate, upon the ruling of the people's court."
4. A paragraph is added as the second paragraph in Article 69 of the Criminal Law: "If any of several crimes is sentenced to fixed-term imprisonment and criminal detention, the fixed-term imprisonment shall be executed. If any of several crimes is sentenced to fixed-term imprisonment and public surveillance, or criminal detention and public surveillance, After the execution of fixed-term imprisonment and short-term detention is completed, the control must still be executed.”
The original second paragraph becomes the third paragraph.
5. Amend Article 120 of the Criminal Law to read: "Whoever organizes or leads a terrorist organization shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also have his property confiscated; whoever actively participates in it shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. , and a fine; other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and may also be fined.
"Those who commit the crime in the preceding paragraph and commit murder, explosion, kidnapping and other crimes shall be punished in accordance with the provisions of combined punishment for multiple crimes."
6. Amend Article 120-1 of the Criminal Law to read: "Those who finance terrorist organizations, individuals who carry out terrorist activities, or finance training in terrorist activities shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, He shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or have his property confiscated.
"Whoever recruits or transports personnel for terrorist organization, implementation or training of terrorist activities shall be punished in accordance with the provisions of the preceding paragraph.
"Where a unit commits the crimes mentioned in the preceding two paragraphs, the unit shall be fined, and the persons directly in charge and other persons directly responsible shall be punished in accordance with the provisions of the first paragraph."
7. Five articles are added after Article 120-1 of the Criminal Law as Articles 120-2, 120-3, 120-4 and 120 5. Article 120-6:
"Article 120-2 Whoever falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or Confiscation of property:
"(1) Prepare murder weapons, dangerous objects or other tools for the implementation of terrorist activities;
"(2) Organizing training on terrorist activities or actively participating in training on terrorist activities;
"(3) Liaising with overseas terrorist organizations or persons for the purpose of carrying out terrorist activities;
"(4) Planning or other preparations for the implementation of terrorist activities." Those who commit the acts in the preceding paragraph and at the same time constitute other crimes shall be convicted and punished in accordance with the provisions on heavier punishment.
"Article 120-3 Promoting terrorism or extremism by producing or distributing books, audio and video materials or other items that promote terrorism and extremism, or by teaching or releasing information, or inciting terrorist activities If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or have his property confiscated.
"Article 124: Whoever uses extremism to incite or coerce the masses to undermine the implementation of the marriage, judicial, educational, social management and other systems established by state law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the case is serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years, and shall also be fined or confiscation of property.
"Article 120-5 Whoever uses violence, coercion, or other means to force others to wear or wear clothing or symbols that promote terrorism or extremism in public places shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.
"Article 120-6 Unlawful possession of books, audio and video materials, or other items that are known to promote terrorism or extremism, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and concurrently or solely Fines."
8. Amend Article 133-1 of the Criminal Law to read: "Anyone who drives a motor vehicle on the road and falls under any of the following circumstances shall be sentenced to criminal detention and shall also be fined:
"(1) Chasing and racing, with bad circumstances;
"(2) Driving a motor vehicle while intoxicated;
"(3) Engaged in school bus business or passenger transportation, seriously exceeding the rated occupants to carry passengers, or seriously exceeding the prescribed speed;
"(4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.
"Where the owner or manager of a motor vehicle is directly responsible for the acts in items 3 and 4 of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.
"Anyone who commits the acts in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions on heavier punishment."
9. Amend Paragraph 1 of Article 151 of the Criminal Law to read: "Whoever smuggles weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscation of property; if the circumstances are particularly serious, He shall be sentenced to life imprisonment and confiscation of property; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined."
10. Amend the first paragraph of Article 164 of the Criminal Law to read: "For the purpose of seeking illegitimate interests, giving property to staff members of companies, enterprises or other units, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. , and a fine; if the amount is huge, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and a fine.”
11. Amend Article 170 of the Criminal Law to read: "Those who counterfeit currency shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; whoever falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and fines or confiscation of property:
"(1) The leader of a counterfeit currency group;
"(2) The amount of counterfeit currency is particularly huge;
"(3) There are other particularly serious circumstances."
12. Delete Article 199 of the Criminal Law.
13. Amend Article 237 of the Criminal Law to read: "Whoever uses violence, coercion or other methods to forcefully molest others or insult women shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
"Whoever gathers a crowd or commits the crime in the preceding paragraph in public, or if there are other vile circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.
"Those who molest children shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs."
14. Amend the second paragraph of Article 239 of the Criminal Law to read: "Whoever commits the crime in the preceding paragraph and kills the kidnapped person, or intentionally harms the kidnapped person, causing serious injury or death, shall be sentenced to life imprisonment or death, and confiscation of property.”
15. Amend Paragraph 6 of Criminal Law 241 to read: "If you buy women or children who have been abducted and trafficked, and do not abuse the children who have been bought, and do not hinder their rescue, they may be given a lighter punishment; If the willingness to buy a woman does not prevent her from returning to her original place of residence, the punishment may be lighter or mitigated.”
16. Add a paragraph to Article 246 of the Criminal Law as the third paragraph: "If the victim reports to the people's court through the information network to carry out the acts specified in the first paragraph, but it is really difficult to provide evidence, the people's court may Ask the police for assistance.”
17. Amend Article 253-1 of the Criminal Law to read: "Violating the relevant provisions of the state, selling or providing citizens' personal information to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or exclusively If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
"Whoever sells or provides to others the personal information of citizens obtained in the course of performing duties or providing services, in violation of the relevant provisions of the state, shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
"Those who steal or illegally obtain citizens' personal information by other means shall be punished in accordance with the provisions of paragraph 1.
"If a unit commits the crimes mentioned in the preceding three paragraphs, the unit shall be fined, and the person in charge and other directly responsible personnel who are directly responsible for it shall be punished in accordance with the provisions of each paragraph."
18. Amend Paragraph 3 of Article 260 of the Criminal Law to read: "The crime of Paragraph 1 shall be dealt with only if the person who has complained about it is dealt with, unless the victim has no ability to complain, or is unable to complain because of coercion or intimidation."
19. Add one article after Article 260 of the Criminal Law as Article 260-1: "Persons who have guardianship and care duties for minors, the elderly, the sick, and the disabled, etc. Mistreatment of a person under guardianship or care, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
"Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person in charge and other persons directly responsible for it shall be punished in accordance with the provisions of the preceding paragraph.
"Anyone who commits the acts in paragraph 1 and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions on heavier punishment."
20. Amend Paragraph 1 of Article 267 of the Criminal Law to read: "Whoever robs public or private property in a relatively large amount, or who robs it multiple times, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and concurrently or solely punished. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or Confiscation of property."
21. One paragraph is added as the fifth paragraph in Article 277 of the Criminal Law: "A violent attack on a people's policeman who is performing his duties according to law shall be given a heavier punishment in accordance with the provisions of the first paragraph."
22. Amend Article 280 of the Criminal Law to read: “Whoever forges, alters, buys or sells, or steals, robs, or destroys official documents, certificates or seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined.
"Whoever forges the seal of a company, enterprise, institution or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined.
"Whoever forges, alters, or buys or sells resident identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove one's identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and a fine; If it is serious, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined."
23. Add one article after Article 280 of the Criminal Law as Article 280-1: "In activities for which identity certificates should be provided in accordance with state regulations, use forged, altered or misappropriated resident identity of others. Certificates, passports, social security cards, driver's licenses and other documents that can be used to prove identity according to law, if the circumstances are serious, criminal detention or public surveillance shall be imposed, and a fine shall also or only be imposed.
"Anyone who commits the acts in the preceding paragraph and at the same time constitutes other crimes shall be convicted and punished in accordance with the provisions on heavier punishment.
24. Amend Article 283 of the Criminal Law to read: "Anyone who illegally produces or sells special equipment for espionage or special equipment for wiretapping or eavesdropping shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined ; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
"Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person in charge who is directly responsible for it and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding paragraph."
25. Add one article after Article 284 of the Criminal Law as Article 284-1: "Anyone who organizes cheating in the state examination prescribed by law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, A fine shall be imposed concurrently or alone; if the circumstances are serious, the sentence shall be fixed-term imprisonment of not less than three years but not more than seven years and a fine.
"Those who provide cheating equipment or other assistance for others to commit the crime in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
"Anyone who illegally sells or provides the test questions and answers of the test prescribed in the first paragraph to others for the purpose of cheating in the examination shall be punished in accordance with the provisions of the first paragraph.
"Substituting others or letting others take the examinations prescribed in paragraph 1 on their behalf shall be sentenced to criminal detention or public surveillance, and concurrently or solely to a fine."
26. Add one paragraph as the fourth paragraph in Article 285 of the Criminal Law: "If a unit commits the crimes mentioned in the preceding three paragraphs, the unit shall be sentenced to a fine, and the persons in charge and other persons who are directly responsible for it shall be punished. punished in accordance with the provisions of each paragraph."
27. Add one paragraph as the fourth paragraph in Article 286 of the Criminal Law: "If a unit commits the crimes mentioned in the preceding three paragraphs, the unit shall be sentenced to a fine, and the persons in charge and other persons who are directly responsible for it shall be punished. shall be punished in accordance with the provisions of paragraph 1."
28. Add one article after Article 286 of the Criminal Law as Article 286-1: "Network service providers who fail to perform the obligations of information network security management as stipulated by laws and administrative regulations shall be ordered by the regulatory authorities to Those who take corrective measures but refuse to correct, and fall under any of the following circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined:
"(1) Causing the mass dissemination of illegal information;
"(2) Causing the disclosure of user information and causing serious consequences;
"(3) causing the loss of evidence in a criminal case, and the circumstances are serious;
"(4) There are other serious circumstances.
"Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person in charge and other persons directly responsible for it shall be punished in accordance with the provisions of the preceding paragraph.
"Anyone who commits the acts in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions on heavier punishment."
29. Add two articles after Article 287 of the Criminal Law as Articles 287-1 and 287-2:
"Article 287-1 Using an information network to commit any of the following acts, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined:
"(1) Establishing websites or communication groups for illegal and criminal activities such as defrauding, teaching criminal methods, producing or selling prohibited items, controlled items, etc.;
(2) Publishing information about the production or sale of drugs, guns, obscene items and other prohibited items, controlled items, or other illegal and criminal information;
"(3) Publishing information for the purpose of committing fraud or other illegal and criminal activities.
"Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person in charge and other persons directly responsible for it shall be punished in accordance with the provisions of the first paragraph.
"Those who commit the acts in the preceding two paragraphs and at the same time constitute other crimes shall be convicted and punished in accordance with the provisions on heavier punishment.
"Article 287-2 Knowing that others use information networks to commit crimes, and providing them with technical support such as Internet access, server hosting, network storage, communication transmission, etc., or providing assistance in advertising promotion, payment and settlement, etc., the circumstances are serious. , shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.
"Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person in charge and other persons directly responsible for it shall be punished in accordance with the provisions of the first paragraph.
"Anyone who commits the acts in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions on heavier punishment."
30. Amend the first paragraph of Article 288 of the Criminal Law to read: "Violating state regulations, setting up or using radio stations (stations) without authorization, or using radio frequencies without authorization, interfering with the order of radio communications, if the circumstances are serious, shall be sentenced to three Fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine concurrently or solely; if the circumstances are especially serious, the sentence shall be fixed-term imprisonment of not less than three years but not more than seven years, and a fine."
31. Amend Paragraph 1 of Article 290 of the Criminal Law to read: "Where a crowd disturbs social order, and the circumstances are serious, work, production, business, teaching, scientific research, or medical treatment cannot be carried out, and serious losses are caused, the ringleader shall be punished. shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; others who actively participate shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.”
Two paragraphs are added as the third and fourth paragraphs: "If the work order of state organs is repeatedly disturbed, and the administrative penalty is not corrected, and serious consequences are caused, the sentence shall be fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
"If you organize or finance illegal gatherings of others many times, disrupting social order, and the circumstances are serious, you shall be punished in accordance with the provisions of the preceding paragraph."
32. Add one paragraph as the second paragraph in Article 291-1 of the Criminal Law: "Make up false dangers, epidemics, disasters, and police situations, and spread them on information networks or other media, or knowingly Those who deliberately spread false information on information networks or other media and seriously disrupt social order shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.”
33. Amend Article 300 of the Criminal Law to read: “Anyone who organizes, uses a sect, a cult, or uses superstition to undermine the implementation of state laws and administrative regulations shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined; the circumstances are especially serious. If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also or only be fined.
"Anyone who organizes, utilizes sects, cult organizations, or uses superstition to deceive others, causing serious injury or death, shall be punished in accordance with the provisions of the preceding paragraph.
"Anyone who commits the crime of the first paragraph and commits other crimes such as raping women and defrauding property shall be punished in accordance with the provisions of combined punishment for multiple crimes."
34. Amend Article 302 of the Criminal Law to read: "Whoever steals, insults, or deliberately destroys corpses, bones, or ashes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance."
35. One article is added after Article 307 of the Criminal Law as Article 307-1: "A civil action is brought on the basis of fabricated facts, which obstructs judicial order or seriously infringes upon the lawful rights and interests of others, and shall be sentenced to not more than three years. Fixed-term imprisonment, criminal detention or public surveillance shall be concurrently or solely fined; if the circumstances are serious, the sentence shall be fixed-term imprisonment of not less than three years but not more than seven years and a fine.
"Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person in charge and other persons directly responsible for it shall be punished in accordance with the provisions of the preceding paragraph.
"Those who commit the acts in the first paragraph, illegally occupy other people's property or evade legal debts, and constitute other crimes, shall be convicted and punished in accordance with the provisions on heavier punishment.
"Judicial staff who use their powers to jointly carry out the first three acts with others shall be given a heavier punishment; if other crimes are constituted at the same time, they shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment."
36. Add one article after Article 308 of the Criminal Law as Article 308-1: "Judicial staff, defenders, agents ad litem or other litigation participants, disclose information about cases that are not heard in public according to law. Information that should not be disclosed, resulting in the public dissemination of information or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined.
"Whoever commits the acts in the preceding paragraph and leaks state secrets shall be convicted and punished in accordance with the provisions of Article 398 of this Law.
"Publicly disclose and report the case information as prescribed in the first paragraph, and if the circumstances are serious, the punishment shall be in accordance with the provisions of the first paragraph.
"Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person in charge and other persons directly responsible for it shall be punished in accordance with the provisions of the first paragraph."
37. Amend Article 309 of the Criminal Law to read: "Anyone who disturbs the order of the court in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine:
"(1) Gathering a crowd to make a noise and attack the court;
"(2) Beating judicial staff or litigation participants;
"(3) Insulting, defaming, or threatening judicial staff or litigation participants, refusing to listen to the court's stop, and seriously disrupting the court order;
"(4) Destroying court facilities, looting or destroying litigation documents, evidence, etc., disrupting court order, and the circumstances are serious."
38. Amend Article 311 of the Criminal Law to read: "Knowing that others have committed espionage crimes or terrorism or extremism crimes, but refuses to provide relevant information when the judicial organs investigate the situation and collect relevant evidence, the circumstances are serious. shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance."
39. Amend Article 313 of the Criminal Law to read: "A judgment or ruling of a people's court that is capable of being executed but refuses to be executed, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; if the circumstances are particularly serious , shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
"Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person in charge who is directly responsible for it and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding paragraph."
40. Amend Article 322 of the Criminal Law to read: "Violating national (border) border management regulations and illegally crossing the national (border) border, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also be punished. Those who sneak across the national (border) border in order to participate in a terrorist organization, receive training in terrorist activities, or carry out terrorist activities shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years, and shall also be fined.”
Amendment to the Criminal Law of the People's Republic of China (IX) (End of 3 full text) Release time: 2015-08-3001:14:00
41. Amend the first and second paragraphs of Article 350 of the Criminal Law to read: "In violation of state regulations, illegally produce, trade, and transport acetic anhydride, ether, chloroform or other raw materials used in the manufacture of drugs, Whoever dispenses medicines, or carries the above-mentioned articles into or out of the country, if the circumstances are more serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined; In serious cases, they shall be sentenced to fixed-term imprisonment of not less than seven years, in addition to a fine or confiscation of property.
"Whoever produces, trades, or transports the items specified in the preceding paragraph knowingly produces drugs for others, shall be punished as an accomplice in the crime of producing drugs."
42. Amend Article 358 of the Criminal Law to read: "Whoever organizes or forces others to prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life-term. Imprisonment and fines or confiscation of property.
"Organizing or forcing minors into prostitution shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
"Those who commit the crimes mentioned in the preceding two paragraphs and commit crimes such as murder, injury, rape, kidnapping, etc., shall be punished in accordance with the provisions of the combined punishment for several crimes.
"Whoever recruits or transports people for those who organize prostitution, or has other acts of assisting others in organizing prostitution, shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined."
43. Delete the second paragraph of Article 360 ​​of the Criminal Law.
44. Amend Article 383 of the Criminal Law to read: "Those who commit the crime of embezzlement shall be punished in accordance with the following provisions according to the seriousness of the circumstances:
"(1) If the amount of embezzlement is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.
"(2) If the amount of embezzlement is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined or have property confiscated.
"(3) If the amount of embezzlement is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; Life imprisonment or death, and confiscation of property.
"For those who have repeatedly embezzled and have not been dealt with, they shall be punished according to the accumulated amount of embezzlement.
"Committing the crime mentioned in the first paragraph, truthfully confessing to the crime, sincerely repenting, and actively returning the stolen goods before filing a public prosecution, so as to avoid or reduce the occurrence of damages. If there is any circumstance specified in the first paragraph, the punishment may be mitigated, mitigated or exempted from punishment; Under the circumstances specified in Items 2 and 3, a lighter punishment may be given.
"If a person who commits the crime in Paragraph 1 and is sentenced to a suspended death penalty under the circumstances specified in Item 3, the people's court may, based on the circumstances of the crime and other circumstances, simultaneously decide that after the two-year suspended execution of the death penalty is commuted to life imprisonment according to law, he will be imprisoned for life without penalty. commutation, parole."
45. Amend Article 390 of the Criminal Law to read: "A person who commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined; whoever seeks illegitimate interests by offering bribes, if the circumstances are serious, or the interests of the state Whoever suffers heavy losses shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined; if the circumstances are especially serious, or if the interests of the state suffer particularly heavy losses, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscation of property. .
"Where the briber takes the initiative to confess the bribery act before being prosecuted, the punishment may be reduced or mitigated. Among them, if the crime is relatively minor, if the crime plays a key role in the detection of a major case, or if there is a major meritorious performance, the punishment may be reduced or exempted."
46. ​​One article is added after Article 390 of the Criminal Law as Article 390-1: “For the purpose of seeking illegitimate interests, a state functionary’s close relatives or other persons closely related to the state functionary are Whoever offers bribes to resigned state functionaries or their close relatives or other persons closely related to them shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Fixed-term imprisonment of not less than three years but not more than seven years, and a fine; if the circumstances are particularly serious, or if the interests of the state suffer particularly heavy losses, the sentence is fixed-term imprisonment of not less than seven years but not more than ten years, and a fine.
"Where a unit commits the crime in the preceding paragraph, the unit shall be sentenced to a fine, and the person in charge and other persons directly responsible for it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined."
47. Amend the first paragraph of Article 391 of the Criminal Law to read: "For the purpose of seeking illegitimate interests, giving property to state organs, state-owned companies, enterprises, institutions, and people's organizations, or in economic transactions, Whoever, in violation of state regulations, is given rebates or handling fees in various names shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.”
48. Amend the first paragraph of Article 392 of the Criminal Law to read: "Introducing bribes to state functionaries, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined."
49. Amend Article 393 of the Criminal Law to read: “A unit offers bribes for the purpose of seeking illegitimate benefits, or violates state regulations by giving state functionaries a kickback or handling fee. If the circumstances are serious, the unit shall be fined, The persons in charge and other persons who are directly responsible for them shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined. If the illegal gains obtained from bribery are owned by individuals, they shall be subject to Article 389, Article 389 of this Law, and a fine. Convicted and punished according to Article 390."
50. Amend Article 426 of the Criminal Law to read: "Anyone who, by means of violence or threats, obstructs a commander or a person on duty or a person on duty from performing their duties shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, he shall be sentenced to five years Fixed-term imprisonment of not less than ten years; if the circumstances are particularly serious, the sentence shall be fixed-term imprisonment of not less than ten years or life imprisonment. Heavier punishment in wartime."
51. Amend Article 433 of the Criminal Law to read: "Those who spread rumors to confuse the public during wartime and shake the hearts of the army shall be sentenced to fixed-term imprisonment of not more than three years; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; In serious cases, the sentence shall be fixed-term imprisonment of not less than ten years or life imprisonment."
52. This amendment shall come into force on November 1, 2015.
	Responsible editor: Ma Juan 
Related Links
* Review of the Third Review Process of Criminal Law Amendment (IX)
 
 
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