The concept

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  • / Author: Aaron Lewis
The criminal law provides that crime and punishment and the relationship between crime and punishment legal. The criminal law as an independent department law, has the following characteristics:
　　(a)Public lawFeatures
Public law is a relative concept and private law, public law refers to the public interests, especially the interests of the state law. While private law refers to the private interests of the legal. Public law is to adjust the verticalThe legal relationshipIn public relations, the state and the individual in the legal, subordinate status. While the private law is the legal relationship of horizontal, in the private law relationship, between citizens in equal position. The criminal law as a public law, under the legal status of personal power, as long as the subject's behavior violated the criminal law constitutes a crime, shall be investigated for criminal responsibility is the judicial organ.
　　(two) the characteristic of the criminal law
The criminal law and civil law,Administrative lawThe corresponding concept, refers to the crime as the object of regulation, the crime investigation, verification and legal norms of discretion, execution of punishment and the procedures of the sum. Where the criminal (crime) all relevant laws, can be called in the criminal law. The meaning of the criminal law, including criminal law, criminal procedure law, the prison law, known as the criminal law. The characteristics of the criminal law is related with the crime, in this sense, the criminal law can be said to be criminal regulation law, which is different from the civil law and administrative law. In criminal law, the criminal law is the core, is the main, is the substantive law, also known as the main body of criminal law. The method is, with the help of method of relative to character, to help law refers to the property of legal or auxiliary law,Procedural lawOften considered to be useful, and the method is defined entity obligations rights law, substantive law is often considered to be the main. The criminal law as criminal law, has a close connection with the crime and punishment, can be said to be the criminal law.
　　(three) characteristics of jus Cogens
Jus cogens is a concept corresponding to any law, any law is also called the arbitrary norms, refers to the legal norms in the legal scope allows participants to determine their own specific content of legal relationship of mutual rights and obligations. The force of the law, also known as the mandatory legal norms, refers to the legal norms must be absolutely execution. In the law theory, the criminal law is generally considered the main force of the law, onlyTell just processingNature has arbitrary law case; and the civil law is mainly random method, only a few mandatory legal norms. Because of the criminal law has the characteristics of compulsory law, national force more apparent.

The people's Republic of China Criminal Law (Amendment)Part I General Provisions

　　The first chapter, the task of criminal law, the basic principles and scope of application
Article 1 in order to punish crimes, protecting the people, according to the constitution, combined with practical experience in combating crimes in our country and the actual situation, this law is enacted.
Article second the tasks of the PRC Criminal Law, the penalty is used with allCriminal behaviorThe fight to defend the national security, defence, the people's democratic dictatorship and the socialist system, property protection of state property and collective, protection of citizens' private property, protection of citizens' personal rights, democratic rights and other rights, maintain social order, economic order, guarantee the smooth progress of socialist construction.
Article third the law expressly provides for the crime of conviction and punishment, in accordance with the law; the law does not expressly provided for the crime, shall not be convicted or punished.
Article fourth for anyone who commits a crime, shall be equal before the law. People will not allow any privilege beyond the law.
Article fifth the degree of punishment shall be with crime, criminal responsibility and commitment to adapt.
Article sixth where the people's Republic of China is a crime, except when otherwise stipulated by law, the law is applicable to.
Anyone who commits a crime in the people's Republic of China aboard a ship or aircraft, this law is also applicable to.
Criminal act or consequence takes place within the people's Republic of China, is considered a crime in the territory of the people's Republic of china.
Citizens of the people's Republic of China seventh commit the crimes specified in this law field outside the people's Republic of China, shall apply the provisions of this law, the provisions of this law, but according to the highest penalty of three years in prison, may not be dealt with.
The People's Republic of ChinaNational staffAnd commit the crimes specified in this Law in the area outside the people's Republic of China, the applicability of this method.
Eighth foreigners in the territory of the people's Republic of the people's Republic of China national or civic crimes, and punishable according to the provisions of this Law for more than three years in prison, this law may be applicable, but according to the criminal law is not punishable.
Article ninth for the international treaties concluded or acceded to by the people's Republic of China stipulated crime, the people's Republic of China in the scope of the treaty obligations within theCriminal jurisdictionRight, the applicability of this law.
Tenth where in the field outside the people's Republic of China in accordance with this law, crime, criminal responsibility shall be borne by the foreign judgments, though, can still be in accordance with the provisions of this law, but in foreign countries have received criminal punishment, can avoid orMitigation of punishment.
Eleventh enjoyDiplomatic privilegesCriminal responsibility of foreigners and immunities, resolved through diplomatic channels.
Twelfth after the founding of the PRC and before the implementation of this law, if the law is not considered a crime, applicable law at that time; if the laws at the time considered a crime, in accordance with the provisions of law fourth chapter eighth section should be prosecuted, shall be investigated for criminal responsibility according to the law, but if this method is not considered a crime or imposes a lighter punishment, this Law shall apply.
Before the implementation of this law, in accordance with the law has made the effective judgment, continue to be effective.
　　The second chapter of crime
The first section of crime and criminal responsibility
Thirteenth all the harm state sovereignty, territorial integrity and security, secession, to subvert the people's democratic dictatorship and overthrow the socialist system, undermine social and economic order, violation of property owned by the state or collective property, infringement of citizens' private property, infringement of citizens' personal rights, democratic rights and other right, and other acts harmful to society, in accordance with the law shall be subject to criminal punishment, is a crime, but circumstances are obviously minor and the harm is not great, not deemed a crime.
Fourteenth knowing that their actions will cause socially dangerous consequences, and wishes or allows such consequences to occur, thus constituting a crime, isIntentional crime.
Intentional crime, criminal responsibility shall be borne.
Fifteenth should foresee own behavior may cause socially dangerous consequences, because negligence and do not foresee, or have already foreseen but trust can be avoided, so that the occurrence of this result, isUnpremeditated crime.
A negligent crime law, criminal responsibility shall be borne.
The sixteenth act in fact results in harmful consequences, but not the intent or negligence, but due to irresistible or unforeseeable causes, it is not a crime.
Article seventeenth the full sixteen years of age who commits a crime, he shall bear criminal responsibility.
Over fourteen years of age under sixteen years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime, criminal responsibility shall be borne.
The full fourteen years of age under the age of eighteen crimes, shall be given a lighter or mitigated punishment.
Under sixteen years of age are not subject to criminal punishment, his parents or guardian shall be ordered to discipline; when necessary, can also be taken in by the government.
Eighteenth if a mental patient caused when unable to recognize or control his own conductHarm result, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility, but his family or guardian shall be ordered to put in the custody and care; when necessary, by the government of compulsory medical.
Intermittent mental illness is a crime, he shall bear criminal responsibility.
Mental patient who has not completely lost the ability to recognize or control his own conduct crime, shall bear criminal responsibility, but may be given a lighter or mitigated punishment.
An intoxicated person who commits a crime, he shall bear criminal responsibility.
Article nineteenth deaf and dumb persons orThe blind man crime, may be given a lighter, mitigated orExempt from punishment.
Twentieth in order to enable countries, the public interest, the person himself or herself or others, property and other rights from being infringed, and to the suppression of unlawful infringement behavior, causes harm to the unlawful infringer, belong toJust Cause, do not bear criminal responsibility.
Justifiable defence obviously exceeds the limits of necessity and causes serious damage, he shall bear criminal responsibility, but should be reduced or exempted from punishment.
The ongoing assault, murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, against illegal caused casualties, does not belong toExcessive defense, do not bear criminal responsibility.
Twenty-first in order to enable countries, the public interest, the person himself or herself or others, property and other rights from danger happening, not takenThe emergencyBehavior, damage, he shall not bear criminal responsibility.
The emergency exceeds the limits of necessity and causes undue damage, he shall bear criminal responsibility, but should be reduced or 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 sectionPreparation for a crime, attempted and termination
Twenty-second in order to crime, preparation tools, manufacturing conditions, isPreparation for a crime.
One who prepares for a crime, can be accomplished crime shall lighter, mitigated punishment or be exempted from punishment.
Article twenty-third has already begun to crime, due to reasons other than the criminals will not succeed, isAttempted crime.
ForAttempted offense, can be accomplished crime shall be given a lighter or mitigated punishment.
Twenty-fourth in the criminal process, gave up the crime or automatically and effectively preventThe result of crimeHappenThe discontinuance of crime.
The discontinuance of crime, no damage is caused, be exempted from punishment; damage is caused, be given a mitigated punishment.
The third section joint crime
Twenty-fifth 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, punishment according to the crime they have committed respectively.
Article twenty-sixth the organization, leadershipA criminal groupIn conducting criminal activities or play a principal role in a joint crime, isPrincipal.
More than three people as the common crime is fixedly consisted of organized crime, criminal groups.
On the organization, leads a criminal groupRingleadersPunishment, according to all the crimes committed by the group.
The principal otherwise stipulated in the third paragraph, shall participate in or organize, command of all criminal punishment.
Twenty-seventh in the common crime plays a secondary or auxiliary role, isAccessory.
The accessory, shall be given a lighter, mitigated punishment or be exempted from punishment.
Twenty-eighth who is coerced to participate in a crime shall, in accordance with hisThe circumstances of the crimeA mitigated punishment or be exempted from punishment.
Twenty-ninth who instigates others to commit a crime, shall be punished according to the role he plays in a joint crime. Instigates a person under the age of eighteen crimes, shall be given a heavier punishment.
If the instigated person does not commit the instigated crime, the instigator, may be given a lighter or mitigated punishment.
The fourth sectionThe unit crimeHarm society thirtieth companies, enterprises, institutions, organizations, groups, implementation of the act, the law as a crime, he shall bear criminal responsibility. Thirty-first crime committed by a unit, the unit shall be sentenced toFine, and the person in charge directly responsible and other directly responsible personnel penalty. The provisions of this Law and other laws provide otherwise, in accordance with the provisions.
　　The third chapter penalty
The first section of the kinds of punishment
The thirty-second punishments are divided into principal punishments andAdditional punishment.
The following thirty-third types: (a) the principal control; (two) criminal detention; (three) in prison; (four)Life imprisonment (fiveDeath penalty. The following thirty-fourth additional punishment: (a) fine (two)Deprivation of political rights (threeConfiscation of property. Supplementary punishments may be imposed independently. Article thirty-fifth for the crime to foreigners, can be applied in an independent or supplementaryDeportation.
Article thirty-sixth where the victim has suffered economic losses as a result of a criminal act, the criminal received criminal punishment according to law, be sentenced to compensation for economic loss according to the situation.
The criminals bear civil liability for compensation, and was sentenced to a fine, and its assets are not sufficient to pay off, or be sentenced to confiscation of property, should bear the liability for civil compensation to the victim.
Article thirty-seventh for the crime are minor and do not require punishment, can be exempted from criminal punishment, but according to the different circumstances of the case, be reprimanded or orderA statement of repentance, apology, compensation for losses, or by the competent departments shall be given an administrative punishment or administrative sanctions.
The second section control
Article thirty-eighth the term of control, for more than three months to two years.
Criminals sentenced to public surveillance, executed by a public security organ.
The thirty-ninth criminals sentenced to public surveillance, during execution, it shall comply with the following provisions:
(a) to abide by the laws, administrative regulations, submit to supervision;
(two) without the approval of the organ executing the speech, may exercise, publishing, assembly, association, parade, demonstration of the right to freedom;
(three) according to the rules of the organ executing the reporting his activities;
(four) to comply with the provisions of the executive organ of the;
(five) leave live in city, county, or moved, it shall be submitted to the approval of the organ executing the.
Criminals sentenced to public surveillance, should be in labourEqual pay for equal work.
The fortieth criminals sentenced to control, the control period, the executing organ shall immediately to himself and his unit or residence crowds that deregulation.
Forty-first control sentence, calculated from the date of execution; execution of detention in custody before, a day to be shortened by two days.
The third day detention
Article forty-second of criminal detention period, as the following one to six months.
The forty-third criminals sentenced to criminal detention, execution of the nearest by the public security organs.
During the period of execution, a criminal sentenced to criminal detention monthly may go home for one to two days; to participate in the work, can consider to return.
Article forty-fourth of criminal detention term, calculated from the date of execution; execution of detention in custody before, a day to be shortened by one day.
The fourth section, are to be sentenced to life imprisonment
Period forty-fifth prison, in addition to the fiftieth article of this law, the provisions of the sixty-ninth, for more than six months to fifteen years.
Article forty-sixth convicted criminals in jail, imprisonment, execution in prison or other executing place; anyone who is able to work, shall take part in labor, to accept education and reform.
Sentence forty-seventh prison, calculated from the date of execution; execution of detention in custody before, a day to be shortened by one day. The fifth section of death penalty
Forty-eighth death penalty criminals in the most serious offense. Who should be sentenced to death, if immediate execution is not essential, may be announced at the same time with two years reprieve sentenced to death.
The death penalty except for judgments made by the Supreme People's court in accordance with the 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.
When the forty-ninth crimes under the age of eighteen and trial of the pregnant women, the application of the death penalty.
Fiftieth sentenced to death with a suspension of execution, the execution period, if not intentional crime, after the expiration of two years, to life imprisonment; if there are major meritorious service, after two years, reduced to fifteen to twenty years in prison; if the intentional crime, verified, approved by the the Supreme People's court, execution.
During the fifty-first of the death sentence with a reprieve, calculated from the date of the judgment. Suspension of execution to fixed-term imprisonment is counted from the death sentence with a reprieve, expiration date. The sixth section fines
Article fifty-second shall be sentenced to a fine, the amount of the fine shall be determined according to the circumstances of the crime.
Fifty-third fine within the period specified in the judgment time or in installments. If no pay, forced to pay. Can not pay the fine in full, the people's court at any time to find the person subjected to execution has the property, should be ready. If an irresistible disaster has true difficulties in paying, can be reduced or exempted according to the circumstances.
The seventh section of deprivation of political rights
Article fifty-fourth deprivation of political rights is deprivation of the following rights:
(a) the right to vote and to be elected;
(two) speech, publication, assembly, association, parade, demonstration of the right to freedom;
(three) the right to hold a position in state organs;
(four) as a State-Owned Company, enterprise, institution or people's organization right.
The fifty-fifth term of deprivation of political rights, in addition to the law the fifty-seventh regulation, for one to five years.
For control of additional deprivation of political rights, and the control period of deprivation of political rights shall be performed at the same time.
Article fifty-sixth shall additional deprivation of political rights for the crime of endangering national security; for the criminals of intentional homicide, rape, arson, explosion, poisoning, robbery and other serious damage to social order, can be of additional deprivation of political rights.
Where deprivation of political rights in accordance with the provisions of this law, the.
Article fifty-seventh of criminal who is sentenced to death, life imprisonment, shall be deprived of political rights for life.
In the suspension of execution to fixed-term imprisonment or life imprisonment is commuted to a prison, should put additional deprivation of political rights shall be changed to three to ten years.
Fifty-eighth additional deprivation of political rights from prison, prison, detention is executed on the day or from the parole date; deprivation of political rights shall of course be during the execution of punishment.
The criminal was deprived of political rights, during execution, shall abide by the laws, administrative regulations and the relevant supervision and administration of the public security department under the State Council provisions, submit to supervision; rights shall not exercise the fifty-fourth article of this law.
In section eighth, the confiscation of property
Article fifty-ninth confiscation of property is the whole or a part of the confiscation of property. Confiscation of all the property, should keep the necessary living expenses for the criminal and his dependent family members.
When sentenced to confiscation of property, shall not be subject to the criminal's family members own or the confiscation of property.
As the liabilities of sixtieth before the property was confiscated criminals, need to use the confiscated property to repay, the request of the creditors, shall be repaid.
　　The fourth chapter of punishment
The first section of sentencing
Sixty-first for when deciding the punishment of a criminal element, should be based on criminal facts, the nature of the crime, the plot and the degree of harm to society, to the relevant provisions of this law.
The sixty-second criminals with the provisions of this Law shall be given a heavier punishment, lenient punishment, he shall be sentenced to a punishment within the limits of the prescribed punishment.
The sixty-third criminals with the provisions of this Law of mitigating circumstances, should be in theBelow the legal punishmentSentenced to a punishment.
Although do not have the crime prescribed in this Law for mitigating circumstances, but according to the special circumstances of the case, with the approval of the Supreme People's court, also may be sentenced to a punishment below the legally prescribed punishment.
All property in sixty-fourth criminal illegal income shall be recovered, or compensation shall be ordered; the lawful property of the victim shall be returned without delay; contraband, and used for a crime I property, shall be confiscated. The confiscated property and fines shall be turned over to the state treasury, and self treatment, not to misappropriate.
The second section recidivism
Article sixty-fifth a criminal element sentenced to fixed-term sentence or more severe punishment,Execution of punishmentCompleted or pardon, within five years shall be sentenced to more than make a punishment of sin, isRecidivism, shall be given a heavier punishment, but negligence crime except.
The deadline stipulated in the preceding paragraph, the offender paroled, counted from the date the parole expires.
Article sixty-sixth the crime of endangering national security in the penalty is finished or pardon, at any time to commit the crime of endangering national security, are to be treated as recidivists.
The third section voluntary surrender and meritorious service
Sixty-seventh crime after the voluntary surrender, the confession of his crime, is surrendered. Criminals surrender may be given a lighter or mitigated punishment. Among them, the lesser crime, may be exempted from punishment.
The coercive measures of criminal suspects, defendants and is serving a sentence, the confession of the judicial organ has not grasped myself other crimes, to surrender.
Sixty-eighth criminals expose others to crime, verified, or provide important clues, and the cracking of other cases meritorious performance, may be given a lighter or mitigated punishment; there are significant meritorious performance, can be reduced or exempted from punishment.
Crime after the surrender and major meritorious services, shall be reduced or exempted from punishment.
The fourth sectionCombined punishment for several crimes
Sixty-ninth before the judgment is pronounced a committed several crimes, except sentenced to life imprisonment and death, should be above the maximum total term following, several sentences, as appropriate, decided to be executed, but the regulation of maximum of not more than three years, criminal detention of not more than one year, are to be sentenced to not more than twenty years.
If the number of crimes in a supplementary punishment is imposed, the supplementary punishment shall still be executed.
After seventieth declaration, before the punishment has been completely executed criminals were sentenced, found that the judgment is pronounced, other crimes had no judgment, a judgment shall be rendered for the newly discovered crime, the before and after the two verdict sentenced to punishment in accordance with the provisions of this law, article sixty-ninth, decided to carry out the punishment. Has to be executed, shall be calculated in the term decided by the new judgment.
After seventy-first declaration, before the punishment has been completely executed criminals were sentenced, and crime, shall make a judgment on the newly committed crime, the former crime did not execute the penalty and punishment imposed for the latter crime, in accordance with the provisions of law sixty-ninth, decided to carry out the punishment.
The fifth section probation
Seventy-second 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.
A criminal whose sentence is suspended, if a supplementary punishment is imposed, the supplementary punishment shall still be executed.
Article seventy-third sentenced to probation period for the following period for more than one year, but may not be less than two months.
In prison, the probation period for suspension over the following five years, but may not be less than one year.
Probation period, calculated from the date of the judgment.
Article seventy-fourth for the recidivist, not applicable probation.
Article seventy-fifth of criminal whose sentence is suspended, shall comply with the following provisions:
(a) to abide by the laws, administrative regulations, submit to supervision;
(two) reporting his activities in accordance with the provisions of the observing organ;
(three) to comply with the provisions of the observing organ reception;
(four) leave live in city, county, or relocating, organ for approval before.
Seventy-sixth declared criminal probation, the probation period, investigation by the public security organs, the unit or the basic level organization cooperate, if not the law of the seventy-seventh article of the cases, the expiration of probation, the punishment originally decided is not executed, and shall be announced to the public.
Article seventy-seventh of criminal whose sentence is suspended, during the probation period for furtherThe new crimeOr find a judgment is pronounced, other crime had not sentenced, the suspension shall be revoked, make a decision on the new crime or newly discovered crime, the former crime and the punishment imposed for the latter crime, in accordance with the provisions of law sixty-ninth, decided to carry out the punishment.
A criminal whose sentence is suspended, during the probation period, in violation of the law, administrative regulations or the public security department under the State Council on probation supervision and management regulations, if the circumstances are serious, the suspension shall be revoked, the implementation of the original penalty.
The sixth section commutation
Seventy-eighth sentenced to public surveillance, criminal detention, fixed-term imprisonment, criminal, during execution, he conscientiously observes prison regulations, accepts education and reform, shows true repentance, or performs meritorious services, can the commutation; has the following major meritorious service of, the sentence shall be reduced:
(a) to prevent others from major criminal activities;
(two) report outside the prison in major criminal activities, verified;
(three) making inventions or major technological innovation;
(four) risk one's life for another in daily production, life;
(five) in resisting natural disaster or preventing major accidents, outstanding;
(six) other major contributions to the state and society.
After commutation, the actual implementation of the prison, sentenced to public surveillance, detention, are to be sentenced to not less than the term originally decided, 1/2; sentenced to life imprisonment, not less than ten years.
Seventy-ninth criminals commutation, the people's court at or above the intermediate written proposal for commutation of punishment. The people's court shall form a collegial panel to conduct the trial, the true repentance or crime fact, decide commutation of punishment. Without legal procedures shall not commutation.
Eightieth life imprisonment sentence to sentence, from the date the order of commutation is issued.
The seventh section
Eighty-first a criminal element sentenced to fixed-term sentence, the implementation of the above sentence sentence 1/2, a criminal element sentenced to life imprisonment, the actual implementation of more than ten years, he conscientiously observes prison regulations, accepts education and reform, shows true repentance, parole and will not cause further harm to society, may be granted parole. If there are special circumstances, with the approval of the Supreme People's court, can not subject to the restrictions relating to the term executed.
Recidivists and for murder, robbery, rape, kidnapping, explosion and other violent crimes was sentenced to ten years in prison, life imprisonment of criminals, without the possibility of parole.
The eighty-second criminals parole, according to the seventy-ninth article of this Law program. No parole shall be granted without going through legal procedures.
Eighty-third term of the probation period, has not been completed sentence of life imprisonment; the probation period for ten years.
The probation period for parole, calculated from the date of.
Article eighty-fourth of criminal who is granted parole, shall comply with the following provisions:
(a) to abide by the laws, administrative regulations, submit to supervision;
(two) reporting his activities in accordance with the provisions of the supervising organ;
(three) of the supervising organs;
(four) leave live in city, county, or moved, it shall be submitted to the supervisory authority for approval.
The criminals eighty-fifth parole, during the probation period, the public security organ shall supervise the law, if not the eighty-sixth article of the cases, the probation period, the original sentence shall be deemed to have completed, and shall be announced to the public.
Eighty-sixth a criminal who is granted parole, during the probation period for further crime, the parole shall be revoked in accordance with the provisions of this law, article seventy-first of the combined punishment for several crimes.
During the probation period for parole, found that criminals in the judgment is pronounced, other crimes had no judgment, the parole shall be revoked in accordance with the provisions of this law, article seventieth of the combined punishment for several crimes.
The criminals are on parole, during the probation period, in violation of laws, administrative regulations or the public security department under the State Council on parole supervision management provisions of the act, does not constitute a new crime, the parole shall be revoked in accordance with legal procedures, and committed to prison, not the completion of the execution of punishment.
The eighth section aging
Article eighty-seventh the following period would no longer be prosecuted for criminal:
(a) maximum statutory penalty dissatisfied with five years in prison, after five years;
(two) the statutory maximum sentence of five years and less than ten years in prison, after ten years;
(three) maximum statutory penalty for more than ten years, after fifteen years;
(four) the maximum prescribed punishment is life imprisonment or death, after twenty years. If that must be prosecuted after twenty years, the matter shall be submitted to the approval of the Supreme People's procuratorate.
In the eighty-eighth people's Procuratorate, the public security organ, the state security organs for investigation or the people's court has accepted the case, escapes from investigation or trial, no limitation on the period for prosecution.
After the victim brings a charge within the period for prosecution, the people's court, the people's Procuratorate, the public security organ shall file the case and will not put on record, no limitation on the period for prosecution.
Eighty-ninth 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 period for prosecution and crime within the period for prosecution of the former crime, accessory after the date of the crime.
　　Other provisions of chapter fifth
Ninetieth ethnic autonomous areas is not applicable to the provisions of this law, by the autonomous region or province of the people's Congress 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, shall be approved by the Standing Committee of the National People's congress.
Ninety-first for purposes of this law, the public property, refers to the following property:
(a) property owned by the state;
(two) property owned collectively by the laboring masses;
(three) for social donations or aiding the poor and other public welfare undertakings of the special funds.
In state organs, State-Owned Company, enterprise, management, collective enterprises and people's organizations use or transport of private property, public property theory.
Ninety-second for purposes of this law, citizens' private property, refers to the following property:
(a) his lawfully earned income, savings, houses and other means of livelihood;
(two) according to the production data to individual, family and all;
(three) the legitimate property of the self-employed and private businesses;
(four) individuals of all shares, stocks, bonds and other property in accordance with the law.
Ninety-third as mentioned in this Law refers to state personnel, personnel of state organs.
State-Owned Company, enterprises, institutions, people's organizations and state organs, public State-Owned Company, enterprise, unit to a non State-Owned Company, enterprises, institutions, social organizations engaged in public service, and other personnel engaged in public service according to law, to state functionaries.
Ninety-fourth as mentioned in this Law refers to the judicial staff, have the functions of investigation, prosecution, trial, supervision of staff.
Ninety-fifth for purposes of this law, seriously injured, 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.
Ninety-sixth referred to in this Law means in violation of state regulations, refers to violation of laws and decisions of the National People's Congress and its Standing Committee to formulate, publish administrative regulations formulated by the State Council, provisions of the administrative measures, decisions and orders.
Article ninety-seventh the term ringleaderin this law, refers to the crime organization, planning, command of molecular interaction in a crime committed by a criminal group or a crowd.
Ninety-eighth as mentioned in this Law refers to the victim tell just processing, tell just processing. If the victim because of coercion, intimidation and cannot tell, people's Procuratorate or a close relative of the victim may also tell.
Ninety-ninth for the purposes of this law, the following above, below, including the number of.
Article 100th subjected to criminal punishment according to law, in the recruitment, employment, shall truthfully report has been subjected to criminal punishment to the relevant units, and shall not conceal.
Article 101st of this law are applicable to other laws with penalty, but other laws with the exception of the special provisions.
　　Second minute
　　The first chapter of crimes of endangering national security
102nd Whoever colludes with a foreign state, the harm of the people's Republic of China's sovereignty, territorial integrity and security, shall be sentenced to life imprisonment or for more than ten years in prison.
With foreign institutions, organizations, individuals collude, the crime mentioned in the preceding paragraph, shall be punished in accordance with the provisions of the preceding paragraph.[1]