Criminal law amendment eight interpretation

    A,Alternate leniency with severityMore vivid

    (a),13ChargesTo abolish the death penalty

This13ACharges, areEconomy class of Non ViolenceCrime, summarized as fourLarge class.

AFinanceTaxTicket fraud counterfeiting(5A):Financial documents fraud; the bills defraud crime; crime of fraud on letter of credit; Xukai special VAT invoices to defraud export tax rebates, when, tax invoices; sell fake, forged exclusive value-added tax invoices crime.

TheSmuggling(4A):Crime of smuggling cultural relics; the crime of smuggling precious metals; precious precious animal products, animal smuggling crime; crime of smuggling ordinary goods.

To steal (three3A):The crime of theft; excavating and robbing sites of ancient culture, ancient tomb robbing crime; ancient human fossils, ancient vertebrate fossils of sin.

Four (1A):Method of Imparting Criminal Crime.

    Two.The old, less, be generous, pregnant women

Responsibility: in Chapter17ArticleThe provisions on "full14With the age of18A person under the age of a crime shall be given a lighter or mitigated punishment, after ", add a new paragraph:"The full seventy-five years of age who intentionally the crime, may be given a lighter or mitigated punishment; criminal negligence, shall be given a lighter or mitigated punishment."

The death penalty: in Chapter49Article "at the time the crime is committed18A person under the age of pregnant women and the time of trial, death penalty ", add a new paragraph:"At the time of trial is full75Years of age, cause death by especially cruel meansIn order toOutside,The application of the death penalty."
　　Probation:Dissatisfaction18A person under the age of,Full75Old people, pregnant women,Comply with the conditions of probation,By "can"ProbationInstead of"Should"Probation.

Recidivism:Dissatisfaction18Old man was sentenced to criminal punishment has been completely executed or above, five years after the amnesty in crime, is no longer a"Recidivism".

    Criminal record reporting:Not full18A person under the age of crime, sentenced to five years in prison,In the recruitment and employment,There is no longer"Criminal record reporting obligations".
    (three),An extended period of time

Sentence: no modifications to the general prison term, the provisions, is "more than six months to fifteen years". But the "sentence change" and "punishment" longer prison sentence. There are major meritorious service, the expiration of two years of reprieve, the original "reduced to fifteen to twenty years in prison for" adjustment "to fixed-term imprisonment is" twenty-five years; logarithmic crimes, to35For the difference in the longer term, will ", are to be sentenced to not more than twenty years in prison for" adjustment "total term dissatisfaction35Years, not more than the highest20Years, the sum of the sentence in the35Years, not more than the highest25Years".

Sentence: sentenced to control, criminal detention, fixed-term, still provisions "after commutation, the actual implementation of the sentence, not less than the term originally decided 1/2". Sentenced to life imprisonment, the actual execution time by "not less than10"Extended to" not less than13Years".

    (four),To punish the recidivism and eight kinds of crime

The recidivism and8A crime (kill, rob, rape, fire, explosion, dangerous, tie, group violence, namely: murder, robbery, rape, arson, explosion, throwing dangerous substance, kidnapping, organized violent crime), released on parole, and the actual execution sentence has made more stringent provisions. Requirements: sentence10Years without the possibility of parole; sentenced to death, such as restrictions on commutation, the actual execution time period shall not be less than20Years(The expiration of two years reduced to twenty-five years in prison)And25Years(The expiration of two years to life imprisonment).

    (five), expand the special recidivist objects and not applicable probation object

Special recidivism object, by the harm national security again, expansion of two, namely: the terrorist activities, the underworld again again. (was sentenced to more than five years, after the completion of execution, intentionally make was sentenced to more crime, is the general recidivism; general recidivism to negligent crime and dissatisfaction18Years for the exception.)

Not applicable probation object, by expanding a recidivist, namely the ringleaders of criminal groups.

    (six),Civil servants by lowering the threshold of conviction

The original provisions of the criminal law: State functionaries in performing his duties, leaves his post without permission, from overseas or in the outside of the country,Endangering the state security of the people's Republic of china,Is less than five years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are serious, five to ten years in prison. Master state secrets commits the crime in the preceding paragraph, in accordance with the provisions of the preceding paragraph shall be given a heavier punishment.
The amendment will this is amended as: State functionaries in performing his duties, leaves his post without permission, from overseas, or on the outside of the country, is less than five years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are serious, five to ten years in prison. Master the secrets of the state of the national staffAbsconding abroad or on the outside of the country(not including absent without leave), according to provisions of the preceding paragraph, shall be given a heavier punishment.
    (seven),Adjust the crime of blackmail and impose exactions on threshold for conviction, to perfect the legal punishment

Will constitute the crime of blackmail and impose exactions on the condition of"A large amount of"Amended as"Larger amounts orMany timesBlackmail and impose exactions on"; the maximum statutory penalty of crime of blackmail and impose exactions on by ten years in prison for up to fifteen years in prison; and increase the fine punishment.

    (eight),Perfect the provisions of the crime of forced transaction, increase the intensity of punishment 

A method for the specifically enumerated the following provisions, increase the crime crime: by means of violence or threat, forcing others to participate in or withdraw from bidding, auction;Forcing others to transfer or acquiring company, enterprise shares, bonds or other assets;Forcing others to enter, exit the business domain specific. Two is the maximum statutory penalty from three years to seven years in prison.

    (nine),Perfect the provisions of crime, punishment of the ringleaders strictly 

   The criminal law article293Is amended as follows:"One of the following acts of creating trouble, undermines social order, is less than five years imprisonment, criminal detention or control:

    (a) they beat the others, if the case is serious;

    (two), chase intercept, abuse,IntimidationNewly added.Others, if the case is serious;

    (three) take strong force or any damage to, occupation of public or private property, if the circumstances are serious;

    (four) in a public place, creating a disturbance, causing serious disorder in public places.

Many people repeatedly commits the act, serious damage to the social order, the Department for more than five years to ten years in prison, can be fined.Newly added." 

China's current criminal law stipulates the crime of causing traffic casualties, but must be a serious mistake behavior criminal penalties. This increase in the conviction of "dangerous driving", change "accident after the penalty provisions" way, regardless of whether the consequences, as long as there is a dangerous driving behavior will be punished.

The revised criminal law clearly stipulates: drive a motorized vehicle on the road racing, if the case is serious, or in the way of drunken driving motor, detention, and shall also be fined. There are the acts mentioned in the preceding paragraph, which also constitutes another crime, in accordance with the provisions of punishment heavier punishment.

(two), food and drug safety, reduce the plea remove fine amplitude

The "production, sale of fake crime", delete "enough to serious harm to human health" the applicable conditions; will "production, sales do not meetHygieneStandard food crime "was renamed" the production, sales do not meetSafetyStandard food crime ", and the applicable conditions of the" three to seven years in prison "by a (" causing serious harm to human health ") to two (add" or other serious circumstances ").

On the two and the crime of "production and sale of toxic, harmful food sin", delete the provisions of fine scale. Only the "fine", not a specific amount, which provides operating space to increase the punishment from the economy.

(three), refused to pay remuneration to convict, forced labor punishment

According to the "malicious" behavior, criminal law amendment (eight): to make provisions for the transfer of property, escape to avoid paying the remuneration of workers or the ability to pay and no pay labor remuneration, labor amount is larger, the relevant departments of the government shall pay still do not pay, is less than three years imprisonment or criminal detention, or be fined; if the consequences are serious, department for more than three years of less than seven years imprisonment, fined.

The amendment will be forced labor crime maximum statutory penalty by3Years mentioned10Years. The amendment providesViolence, threatNewly added.Method or restriction of personal freedom to force others to work, office3Years in prison or detention,Impose(delete "or") fine;If the circumstances are serious, place3Years or above10Years in prison, finedNewly added..

    (four),Clear penaltyThe illegal harvesting,The sale of human organs

Without the consent of the organ harvesting from, or under the age of eighteen organs, or force, deceive others donate organs; removal of the body organs against their wishes, or I was not agreed, in violation of state regulations, contrary to its close relatives preferred may pick the body organs of organizing others betray body organs; are to be convicted and punished.

    Three,Improve the legal system, the applicable rules of non imprisonment punishment 

 (A),Modify the smuggling ordinary goods, crime,Constitute the crime of illegal mining crime

    Will one year for smuggling is two administrative sanctions and smuggling"Ants"Provisions of the crime of smuggling.

Conditions to modify the illegal mining crime, enhance the operability of the crime.

    (two), increased crime

   1,The crime of falsely making out invoice

   2,Holding a forged invoices

   3,The provisions for the forced labor of the individual or entity to transport staff recruitment, crime

   4,Clearly defined recruitment, transport personnel for prostitution person, according to assist the organization prostitution crime shall be prosecuted for criminal responsibility.

    (three), the conditions of probation, adding the injunction

The application of probationThe originalRegulationsIs:"Sentenced to criminal detention, the following three years there are criminals in prison, according to the circumstances of the crime and the performance of repentance criminals, probation does not cause further harm to society, to probation."

The amended provisions will be: "" is sentenced to detention, to three years in prison for crimes, also meet the following conditions, may declare the probation, the people under eighteen years of age, pregnant women and people seventy-five years old and above, shall be declared probation: 1, the lesser crime; 2, repentance; 3, there is no danger of re offending; 4,Probation without significant adverse impact on the residential community.To make clear.

     Probation, according to the criminal case, also prohibit criminals to engage in special activities during the probation period, into specific regions, specific place, contact person.Newly added."

    (four),Perfect control sentence and probation, parole execution

    New provisions:"Sentenced to control, can according to the crime situation, also prohibit criminals to engage in special activities during the period of execution, into specific regions, specific place, contact person." 

According to the practice of control, probation, parole supervision, stipulated in the criminal law:On the control, probation, parole criminals,Will"Investigation by the public security organs"Instead of"The implementation of community correction".

(five), clearly defined "frankly leniency"

 Although suspects do not have surrendered plot, but confess, may be given a lighter punishment;

 Because of its truthfully confessed their crimes, to avoid serious consequences occur, can reduce the punishment.

 

The criminal law amendment (eight) exercises and answers