1979Year "PRC Criminal Law" article

(by July 1, 1979 Fifth National People's Congress second conference Members of the Standing Committee of the National People's Congress long July 6, 1979 Decree No. fifth released One nine eight 0 years and effective as of January 1st)　

- Catalog

Part I General Provisions

The guiding ideology, tasks and scope of application of the first chapter of the criminal law

The second chapter of crime

The first section of crime and criminal responsibility

The second section preparation for a crime, criminal attempt and discontinuation

The third section joint crime

The third chapter penalty

The first section of the kinds of punishment

The second section control

The third day detention

The fourth section, are to be sentenced to life imprisonment

The fifth section of the death penalty

The sixth section of fine

The seventh section of deprivation of political rights

In section eighth, the confiscation of property

The fourth chapter of punishment

The first section of sentencing

The second section recidivism

The third section

The fourth section combined punishment for several crimes

The fifth section probation

The sixth section commutation

The seventh section

The eighth section aging

Other provisions of chapter fifth

Second minute

The first chapter of crime of counter revolution

The second chapter of the crime of endangering public safety

The third chapter crimes against socialist economic order

The fourth chapter encroaches upon the citizen personal rights, democratic rights of crime

The fifth chapter crimes of property violation

The sixth chapter of obstructing the administration of public order crime

The seventh chapter, the crime of obstruction of marriage and family

The eighth chapter of crime of Malfeasance

 

The first part　General provisions　

First chapter　The guiding ideology, tasks and scope of application of criminal law　

 

Article 1 The people's Republic of China Criminal Law,Marx Lenin, Mao Zedong Thought as the pointer,Takes the constitution as its basis,In accordance with the combination of punishment with leniency policy,Make the people's democratic dictatorship with the people of all our ethnic groups to implement the leadership of the proletariat, and based on the worker peasant alliance is the dictatorship of the proletariat and the specific experience of socialist revolution and socialist construction, the actual situation.

Article second The tasks of the PRC Criminal Law, the penalty is used with all counter revolutionaries and other criminal acts to fight, to defend the dictatorship of the proletariat regime, property protects socialist property owned by the whole people and collective, legal protection of citizen's private property all, protect citizen's personal rights, democratic rights and other right, maintain social order, the order of production, teaching and research work order, order and people's life order, safeguard the socialist revolution and socialist construction smoothly.

Article third Where in the territory of the people's Republic of crime,Except when otherwise stipulated by law,This law is applicable to. Where a ship or aircraft of the people's Republic of China is a crime,This law is also applicable to. Criminal act or consequence takes place within the people's Republic of China,That is a crime in the territory of the people's Republic of china.

Article fourthCitizens of the people's Republic of China made the following crimes in the field outside the people's Republic of China,The applicability of this method.

Article fifth Citizens of the people's Republic of China made pursuant to the preceding article outside the crime in the field outside the people's Republic of China,And punishable according to the law for more than three years in prison,This law is also applicable to;But according to the criminal law is not punishable.

Article Sixth Foreigners in the territory of the people's Republic of the people's Republic of China or the citizens crime,And punishable according to the law for more than three years in prison,This law may be applicable;But according to the criminal law is not punishable.

Article seventh Where in the field outside the people's Republic of China in accordance with the provisions of this law, a crime shall bear criminal responsibility,Although after foreign judgment,Can still be dealt with according to this Law;But in foreign countries have received criminal punishment,Can be avoided or mitigated punishment.

Article eighth Criminal responsibility of foreigners who enjoy diplomatic privileges and immunities,Resolved through diplomatic channels.

Article ninth This law since one nine eight0Effect of year January 1st. After the founding of the PRC and before the implementation of this law behavior,If the laws, decrees, policy is not considered a crime,Applicable laws, regulations, policy at that time. If the laws, decrees, policy is considered a crime,In accordance with the provisions of law fourth chapter eighth section should be prosecuted,According to the law, regulations, policy shall be investigated for criminal responsibility. But,If the act is not deemed a crime or punishment lighter,The applicability of this method.

The second chapter　Crime　

The first section　Crime and criminal responsibility　

Article tenth All the harm to national sovereignty and territorial integrity against the dictatorship of the proletariat, system, undermine the socialist revolution and socialist construction, destruction of social order, violations of property all property owned by the whole people and collective, infringement of the lawful private property of the citizens, infringement of citizens' personal rights, democratic rights and other rights, and other acts harmful to society in accordance with the law, shall be subject to criminal punishment, is a crime; but the plot remarkable slight harm is little, do not think that is a crime.

Article eleventh Knowing that their actions would entail harmful consequences to society,And wishes or allows such results,Thus the constitution of crime,Is an intentional crime. Intentional crime,Shall bear criminal responsibility.

Article twelfth Should have foreseen that his behavior may entail harmful consequences to society,Because of carelessness and did not foresee,Or have already foreseen but believe can avoid,So this result occurred,Unpremeditated crime. Unpremeditated crime,Legal criminal responsibility shall be borne.

Article thirteenth Although an act objectively caused damage results,But not the intent or negligence,But due to irresistible or unforeseeable causes,Do not think that is a crime.

Article fourteenth Has over sixteen years of age who commits a crime,Shall bear criminal responsibility. Has over fourteen years of age under sixteen years old,The crime of murder, robbery, arson, wounded, who commits a crime or other crime seriously undermines social order,Shall bear criminal responsibility. Has over fourteen years of age under eighteen years old who commits a crime,Shall be given a lighter or mitigated punishment. Because of dissatisfaction with the sixteen year old is not punishment,His parents or guardian shall be ordered to discipline;When necessary,Can also be taken in by the government.

Article fifteenth The mental patient in time when he is unable to recognize or unable to control their behavior harm result,And he shall not bear criminal responsibility;But his family or guardian shall be ordered to strict surveillance and medical. Intermittent mental patient in crime, the spirit of the normal time,Shall bear criminal responsibility. An intoxicated person who commits a crime,Shall bear criminal responsibility.

Article sixteenth A deaf mute or blind person who commits a crime,He may be given a lighter, mitigated punishment or be exempted from punishment.

Article seventeenth In order to make the public interest, the person himself or herself or others and other rights from being violated,The justifiable defense behavior by,And he shall not bear criminal responsibility. The justifiable defense exceeds the limits of necessity and causing unnecessary harm,Shall bear criminal responsibility;But it should be discretionary mitigated punishment or be exempted from punishment.

Article eighteenth In order to make the public interest, the person himself or herself or others and other rights against the danger of happening,No emergency action taken,And he shall not bear criminal responsibility. The emergency exceeds the limits of necessity and causing unnecessary harm,Shall bear criminal responsibility;But it should be discretionary mitigated punishment or be exempted from punishment. To avoid danger to oneself on the provisions of the first paragraph,Do not apply to the office, business person who is charged with specific responsibility.

The second section　Preparation for a crime, criminal attempt and discontinuation　

 

Article nineteenth In order to crime,Prepare tools, manufacturing conditions,Is the preparation for a crime. One who prepares for a crime,Can be accomplished crime shall lighter, mitigated punishment or be exempted from punishment.

Article twentieth Starting to commit a crime,Due to reasons other than the criminals will not succeed,Is the attempted crime. For the attempted offense,Can be accomplished crime shall be given a lighter or mitigated punishment.

Article twenty-first In the criminal process,Automatic suspension of crime or automatically and effectively prevent the result of crime,Is the discontinuance of crime. For discontinuation of a crime,Shall be reduced or exempted punishment.

The third section　Common crime　

 

Article twenty-second A joint crime is an intentional crime committed by two or more persons jointly. More than two people of joint negligence crime,Not to be punished as a joint crime;He should bear criminal responsibility,Punished according to the crimes they have committed respectively.

Article twenty-third Organization, leads a criminal group in carrying out criminal activities or play a principal role in a joint crime,Principal. The principal,Except for the provisions of this law, specific provisions,Shall be given a heavier punishment.

Article twenty-fourth Plays a secondary or auxiliary role in a joint crime,Accessory. An accomplice,The principal shall be in accordance with the lighter, mitigated punishment or be exempted from punishment.

Article twenty-fifth The stress, being lured to participate in a crime,Should be in accordance with the circumstances of his crime,As an accessory mitigated punishment or be exempted from punishment.

Article twenty-sixth Instigates others to commit a crime,Shall be punished according to the role he plays in a joint crime. Instigate persons under the age of eighteen crime,Shall be given a heavier punishment. If the instigated person does not commit the instigated crime,The instigator,He may be given a lighter or mitigated punishment.