The third chapter　Punishment　

The first section　Kinds of punishment　

 

Article twenty-seventh Punishments are divided into principal punishment and supplementary punishments.

Article twenty-eighth The types of principal punishments are:

(A)  Control;(the same time with the current criminal law)

(Two)Criminal detention;

(Three)Fixed-term imprisonment;

(Four)Life imprisonment;

(Five)Death penalty.

 

Article twenty-ninthThe types of supplementary punishments are:

(A)Fine;

(Two)Deprivation of political rights;

(Three)Confiscation of property.

.Supplementary punishments may be imposed independently.

Article thirtieth To a foreigner who commits a crime,Can be applied in an independent or supplementary deported.

Article thirty-first Where the victim has suffered economic losses as a result of a criminal act,In addition to criminals shall be given criminal punishment,Be sentenced to compensation for economic loss according to the situation.

Article thirty-second For the circumstances of the crime are minor and do not require criminal punishment,Can be exempted from criminal punishment,But according to the different circumstances of the case,Be reprimanded or ordered to make a statement of repentance, apology, compensation for losses,Or by the competent departments shall be subject to administrative sanctions.

The second section　Control　

 

Article thirty-third The term of control,For more than three months to two years. Regulation by the people's court,Executed by a public security organ.

Article thirty-fourthCriminals sentenced to public surveillance,During the period of execution,Must comply with the following provisions:

(A)Abide by the laws, decrees,Subject to the supervision by the masses,Actively participate in collective labor production or work;

(Two)Report regularly to the execution organ his activities;

(Three)To move or go out must be reported to the approval of the organ executing the.

Criminals sentenced to public surveillance,In the labor should be equal pay for equal work.

Article thirty-fifth Criminals sentenced to public surveillance,Control period,The executing organ shall immediately to himself and the crowds that deregulation.

Article thirty-sixth Regulation,Calculated from the date of execution;In custody before the execution of the judgment,Each day spent in custody for two days.

The third section　Criminal detention　

 

Article thirty-seventh The term of criminal detention,For the following fifteen days of above six months. (lower bound, and the criminal law the behavior1Months)

Article thirty-eighth Criminals sentenced to criminal detention,Implementation of nearby by the public security organs. During the period of execution,The criminals monthly sentenced to criminal detention may go home for one to two days;Participate in labour,Can consider to return.

Article thirty-ninth The term of criminal detention,Calculated from the date of execution;In custody before the judgment,Each day spent in custody in prison one day.

The fourth section　Are to be sentenced to life imprisonment　

 

Article fortieth The prison term,For the following six months above fifteen years.

Article forty-first A criminal element sentenced to imprisonment, life,In a prison or other place of reform through labour Executive;Anyone who is able to work,Reform through labour.

Article forty-second The prison sentence,Calculated from the date of execution;In custody before the execution of the judgment,Each day spent in custody in prison one day.

The fifth section　Die Punishment　

 

Article forty-third The criminal penalty is only applicable to commit the most heinous crimes. Who should be sentenced to death,If immediate execution is not necessary,May be announced at the same time with two years reprieve sentenced to death,Reform through labour,See how one behaves in the future. The death penalty except for judgments made by the Supreme People's court according to law,Should be submitted to the approval of the Supreme People's court. Death sentence with a reprieve,May be decided or approved by a higher people's court.

Article forty-fourth The time when the crime to anyone under the age of eighteen and trial of pregnant women,The application of the death penalty. Has over sixteen years of age under eighteen years old,If the crime is particularly serious,He may be sentenced to death with a reprieve of two years.

Article forty-fifth Execution by shooting method.

Article forty-sixth Sentenced to death with a two-year suspension of execution,In the period of suspension of execution of death penalty,If true repentance,After a period of two years,To life imprisonment;If true repentance and performs meritorious services,After a period of two years,Reduced to fifteen to twenty years in prison;If the resistance to reform bad plot, the verified,Approval by the Supreme People's court ruling or,The death penalty.

Article forty-seventh During the period of suspension of execution of death penalty,Calculated from the date of the judgment. Suspension of execution to fixed-term imprisonment is counted,From the date the order of commutation is issued.

The sixth section　Penalty Gold　

 

Article forty-eighth Be sentenced to a fine,The amount of the fine shall be determined according to the circumstances of the crime.

Article forty-ninth Fine within the period specified in the judgment time or in installments. If no pay,Forced to pay. If an irresistible disaster has true difficulties in paying,Can be reduced or exempted according to the circumstances.

The seventh section　Deprivation of political rights　

 

Article fiftiethDeprivation of political rights is deprivation of the following rights:

(A)The right to vote and to be elected;

(Two)Various constitutional rights prescribed in article forty-fifth;

(Three)The right to hold a position in state organs;

(Four)As enterprises, institutions and people's organization right.

 

Article fifty-first The term of deprivation of political rights,In addition to the fifty-third article of this law the provisions of,For one to five years. For control of additional deprivation of political rights,For the duration of the regulation of deprivation of political rights shall be,At the same time execution.

Article fifty-second For the counter revolutionaries should additional deprivation of political rights;For criminals who seriously undermine public order,When necessary,Can additional deprivation of political rights.

Article fifty-third The criminal who is sentenced to death, life imprisonment,Be deprived of political rights for life. In the suspension of execution to fixed-term imprisonment or life imprisonment shall be sentenced to time,Should additional deprivation of political rights shall be changed to three to ten years.

Article fifty-fourth Additional deprivation of political rights,From the prison, detention is executed on the day or calculated from the date of parole;Deprivation of political rights shall of course be during the execution of punishment.

The eighth section　Confiscation of property　

 

Article fifty-fifth Confiscation of property is the whole or a part of the confiscation of property. In a time of confiscation of property,Shall not belong to the criminal's family members own or the confiscation of property.

Article fifty-sixth As the liabilities of attachment before criminals,Need to use the confiscated property to repay,The request of the creditors,The people's court shall rule.

The fourth chapter　The specific application of punishment　

The first section　Sentencing　

 

Article fifty-seventh When deciding the punishment of a criminal element,Should be based on the facts of the crime, the nature of the crime, the plot and the degree of harm to society,Sentenced in accordance with relevant provisions of this law.

Article fifty-eighth The criminals with the provisions of this Law shall be given a heavier punishment, lighter punishment,Shall be sentenced to a punishment within the limits of the prescribed punishment.

Article fifty-ninth The criminals with the provisions of this Law of mitigating circumstances,Shall be sentenced to a punishment below the legally prescribed punishment. Although do not have the crime prescribed in this Law for mitigating circumstances,If according to the specific circumstances of the case,The minimum penalty sentenced to punishment or overweight,The judicial committee of the people's court decision,Can also be sentenced to a punishment below the legally prescribed punishment.

Article sixtieth The illegal proceeds of the criminal,Shall be recovered or ordered to return;Contraband and articles of the criminal's own property for,Shall be confiscated.

The second section　Recidivism　

 

Article sixty-first A criminal element sentenced to fixed-term sentence or more severe punishment,Implementation of the sentence or pardon,Within three years it should sentenced penalty above crime,Is a recidivist,Shall be given a heavier punishment;But negligence crime except. The deadline stipulated in the preceding paragraph,For criminals who is granted parole,Calculated from the date the parole expires.

Article sixty-second Implementation of the sentence or pardon counter revolutionaries,At any time, make the counter revolutionary crimes,Are to be treated as recidivists.

The third section　Surrender oneself　

 

Article sixty-third After the surrender of the crime,He may be given a lighter punishment. Among them,The lesser crime,Can be reduced or exempted from punishment;Crime of heavier,If a meritorious performance,Can also be reduced or exempted from punishment.

The fourth section　Combined punishment for several crimes　

 

Article sixty-fourth Before the judgment is pronounced a committed several crimes,In addition to sentenced to life imprisonment and death,In the following, the number shall be the total sentence of punishment in the maximum sentence above,The discretion of execution of the sentence;But the control cannot exceed three years,Criminal detention cannot exceed one year,Are to be sentenced to not more than twenty years. If the number of additional punishment to crime,The supplementary punishment shall still be executed.

Article sixty-fifth After the judgment is pronounced,The penalty is not completed before the,Found that criminals sentenced the judgment is pronounced, other crimes have not previously judgment,A judgment shall be rendered for the newly discovered crime,The two sentence sentenced to punishment,In accordance with the provisions of article sixty-fourth,Execution of the penalty decision. Has to be executed,Shall be counted in the term decided by the new judgment.

Article sixty-sixth After the judgment is pronounced,The penalty is not completed before the,The criminal was sentenced to the crime,A judgment shall be rendered for the newly committed crime,The former crime and the punishment without executing the punishment imposed for the latter crime,In accordance with the provisions of article sixty-fourth,Execution of the penalty decision.

The fifth section　Probation　

 

Article sixty-seventh 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,Think probation does not cause further harm to society,Can probation. A criminal whose sentence is suspended,If a supplementary punishment is imposed,The supplementary punishment shall still be executed.

Article sixty-eighth The detention of the probation period for suspension of more than one year,But it may not be less than a month. In prison, the probation period for suspension over the following five years,But it may not be less than one year. The probation period for suspension,Calculated from the date of the judgment.

Article sixty-ninth The counter revolutionary crime and recidivism,Not applicable probation.

Article seventieth A criminal whose sentence is suspended,During the probation period,Delivered by the public security organ shall examine the unit or the basic level organization,If you do not commit new crimes,Upon expiration of the probation period,The punishment originally decided not to perform;If the commit new crimes,The revocation of probation,The former crime and the punishment imposed for the latter crime,In accordance with the provisions of article sixty-fourth,Execution of the penalty decision.

The sixth section　Commutation　

 

Article seventy-first Sentenced to public surveillance, criminal detention, fixed-term imprisonment of criminals,During the period of execution,If true repentance or performed meritorious service,Can the commutation. But after one or several times after commutation, the actual implementation of the sentence,Sentenced to control, criminal detention, fixed-term,The term originally decided not less than 1/2;Sentenced to life imprisonment,Not less than ten years.

Article seventy-second Life imprisonment is commuted to a prison sentence,From the date the order of commutation is issued.

The seventh section　Parole　

 

Article seventy-third A criminal element sentenced to fixed-term sentence,Implementation of the original term of more than 1/2,A criminal element sentenced to life imprisonment,The actual implementation of the ten years,If indeed repent,Do not cause further harm to society,May be granted parole. If there are special circumstances,Can not subject to the restrictions relating to the term executed.

Article seventy-fourth Term of the probation period,Has not been completed;Life imprisonment, the probation period,For ten years. The probation period for parole,Calculated from the date of parole.

Article seventy-fifth The criminals are on parole,During the probation period,The public security organ shall supervise,If you do not commit new crimes,Think of the original sentence has finished execution;If the commit new crimes,Parole revocation,The former crime and the punishment without executing the punishment imposed for the latter crime,In accordance with the provisions of article sixty-fourth,Execution of the penalty decision.

The eighth section　Prescription　

 

Article seventy-sixthThe following period would no longer be prosecuted for criminal:If that must be prosecuted after twenty years,Shall be submitted to the Supreme People's Procuratorate for examination and approval.

Article seventy-seventh In the people's court, the people's Procuratorate, the public security organs to take coercive measures after,Escapes from investigation or trial,No limitation on the period for prosecution.

Article Seventy-eighth The limitation period for prosecution shall be counted from the date of the crime;Criminal act is of a continuous or continuing state,Calculated from the date of the end of crime. In the prosecution period and crime,Prosecution of the former crime shall be counted from the date the latter crime.

The fifth chapter　Other provisions　

 

Article seventy-ninth This law has not stipulated the crime,According to the provisions of this law can be convicted the most similar sentence,However, an application shall be submitted to the approval of the Supreme People's court.

Article eightieth Not in national autonomous areas shall be governed by this law are,The organs of state power autonomous region or province according to the basic principle of the characteristics of the local nationalities in political, economic, cultural and the provisions of this Law,Formulate adaptive or supplementary provisions,Implement approved by the Standing Committee of the National People's Congress shall be submitted to the.

Article eighty-firstMentioned in this Law refers to the following property of public property:

(A)Property owned by the whole people;

(Two)Property owned collectively by the laboring masses.

In the country, the people's commune, cooperation, joint ventures and people's organizations management, use or transport of private property,The public property.

Article eighty-secondThe method of the lawful private property of the citizens refers to the following property:

(A)Citizens' lawful income, savings, houses and other means of livelihood;

(Two)Personal, family or use according to law to all plots, privately owned livestock, retention trees and other production data.

 

Article eighty-third State personnel mentioned in this Law refers to all state organs, enterprises, institutions and other engaged in public service according to law personnel.

Article eighty-fourth The judicial personnel mentioned in this Law refers to the procuratorial, supervision, trial, one post personnel.

Article eighty-fifthThe injured referred to in this Law refers to any one of the following injury:

(A)The limb disabled or destroyed people's appearance;

(Two)The loss of auditory, visual or other organs;

(Three)Other serious health damage to human body.

Article eighty-sixth The primary molecular mentioned in this Law refers to the crime organization, planning, command of molecular interaction in a crime committed by a criminal group or a crowd.

Article eighty-seventh This Law said tell just processing,Refers to the victim tell just processing. If the victim because of coercion, intimidation and cannot tell,The people's Procuratorate or a close relative of the victim may also tell.

Article eighty-eighth The said above, below, within,Even this number.

Article eighty-ninth The general provisions of this law are applicable to other laws, statutory penalty,But other laws with the exception of the special provisions.