The people's Republic of China Criminal Law

             (by July 1, 1979 Fifth National People's Congress second conference

              Revised March 14, 1997 eighth session of the Fifth National People's Congress)

 

Catalog

Part I General Provisions

The first chapter, the task of criminal law, the basic principles and scope of application

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 fourth section of unit 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 voluntary surrender and meritorious service

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 crimes of endangering national security

The second chapter of the crime of endangering public safety

The third chapter destroy the order of socialist market economy

The first section production, sales of fake and shoddy goods crime

In section second, the crime of smuggling

The third section prejudice to the company, enterprise management order crime

In section fourth, the destruction of financial management order crime

In section fifth, the crime of financial fraud

The sixth section harm tax revenue collection crime

The seventh section crimes of infringing on intellectual property rights

The eighth section crimes of disrupting market order

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

The fifth chapter crimes of property violation

The sixth chapter of obstructing the administration of public order crime

The first section of the crime of disrupting public order

In section second, crime of obstruction of Justice

The third section obstruction of the country (border) environmental management crime

Section fourth crimes against control of cultural relics

In section fifth, crime of endangering public health

The sixth section environmental crime

The seventh section smuggling, trafficking, transporting, making drugs

The eighth section organizations, forced, lure, shelter, crime of introducing prostitution

The ninth section production, trafficking, the crime of spreading obscene objects

The seventh chapter is the crime of endangering the interests of national defense

The eighth chapter of crimes of embezzlement and bribery

The ninth chapter of crime of Malfeasance

The tenth chapter Military Crime of breach of duty

 

Supplementary articles

Order of the Peoples Republic of China

No. eighty-third

The people's Republic of China Criminal Law "by the people's Republic of China eighth

Fifth session of the National People's Congress amended in March 14, 1997, now

After the revision of the "PRC Criminal Law" promulgated, since October 1, 1997

Implementation date.

President of the people's Republic of China Jiang Zemin

March 14, 1997

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 our

Specific experience and the actual situation of China to fight against crimes, the enactment of this law.

 

 

Article second the tasks of the PRC Criminal Law, the penalty is used with all

Combat crime, to defend the national security, safeguarding the people's democratic dictatorship

Power and the socialist system, the protection of state property and collective ownership by the working people

Property, the protection of citizens' private property, protection of citizens' right of the person

, democratic rights and other rights, maintaining the social order, economic order, guarantee

The smooth progress of socialist construction.

 

 

Article third the law expressly provides for the crime of conviction, in accordance with the law

Punishment; 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. Do not allow

Xu anyone above the law of privilege.

 

 

Article fifth the degree of punishment shall be done, and bear the crime and criminals

Criminal responsibility adapt.

 

 

Article sixth where the people's Republic of China is a crime, with the exception of the law has

Except the special provisions, this law is applicable to.

 

 

Anyone who commits a crime in the people's Republic of China aboard a ship or aircraft, also

By this method.

 

 

Criminal act or consequence takes place in the people's Republic of China

Within the domain, is considered a crime in the territory of the people's Republic of china.

 

 

The seventh PRC citizens outside the people's Republic of China

Commit the crimes specified in this law, this Law shall apply to the highest penalty, but the provisions of this Law

To three years in prison, may not be dealt with.

 

 

PRC state personnel and soldiers in the people's Republic of China

In the field of who commit the crimes specified in this law, this Law shall apply.

 

 

Eighth of foreigners in the territory of the people's Republic of the people's Republic of China

And a national or citizen crime, and punishable according to the provisions of this Law for three years

On the prison, this law may be applicable, but in accordance with the law is not the crime

Punishable.

 

 

Article ninth for the international treaties concluded or acceded to by the people's Republic of China

The provisions of the crime, the people's Republic of China in the scope of the treaty obligations

Exercise criminal jurisdiction, applicable law.

 

 

Article tenth where the people's Republic of China and foreign crime, in accordance with this Law shall be

When the bear criminal responsibility, although after foreign judgment, still can be in accordance with the provisions of this Law

To investigate, but in foreign countries have received criminal punishment, can avoid or reduce the

Light punishment.

 

 

Criminal responsibility eleventh foreigners who enjoy diplomatic privileges and immunities

, resolved through diplomatic channels.

 

 

Twelfth after the founding of the PRC and before the implementation of this Law

For, 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 this law, the fourth chapter eighth

The prosecution shall be the provisions of section, 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, the effective judgment in accordance with the law at that time have been made

, continue to be effective.

 

 

The second chapter of crime

 

 

The first section of crime and criminal responsibility

 

 

Thirteenth all the harm national sovereignty, territorial integrity and security, split

The state, to subvert the people's democratic dictatorship and overthrow the socialist system, broken

Bad social order and economic order, violation of property owned by the state or collective

All property, infringement of citizens' private property, infringement of citizens

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 circumstances are obviously light

Micro harm is not great, not deemed a crime.

 

 

Fourteenth knowing that their actions would entail harmful consequences to society, and

And wishes or allows such results, thus constituting a crime, is deliberately

Crime.

 

 

Intentional crime, criminal responsibility shall be borne.

 

 

Article fifteenth should have foreseen that his behavior may entail harmful consequences to society

Fruit, because negligence and did not foresee, or have already foreseen but believed it

Avoid, so this result occurred, is a negligent crime.

 

 

A negligent crime law, criminal responsibility shall be borne.

 

 

The sixteenth act in fact results in harmful consequences, but not

Is the intent or negligence, but due to irresistible or unforeseeable

Cause, is not a crime.

 

 

Article seventeenth the full sixteen years of age who commits a crime, he shall bear criminal responsibility.

 

 

The full fourteen years of age under sixteen years of age, the crime of intentional homicide, intentionally

Causing serious injury or death, rape, robbery, drug trafficking, arson,

The 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

Mitigation of punishment.

 

 

Under sixteen years of age are not subject to criminal punishment, his parents ordered or

Guardians to discipline; when necessary, can also be taken in by the government

.

 

 

Eighteenth if a mental patient in is unable to recognize or control his own conduct

When the harm results, upon verification and confirmation through legal procedure, he shall not bear criminal

Responsibility, but his family or guardian shall be ordered to strict surveillance and medical

; when necessary, by the government of compulsory medical.

 

 

Intermittent when he is in a normal mental crime, he shall bear criminal

Responsibility.

 

 

Mental patient who has not completely lost the ability to recognize or control his own conduct

A crime, he 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.

 

 

Nineteenth any deaf mute or blind person may be given a lighter, less crime

Light punishment or be exempted from punishment.

 

 

Twentieth in order to enable countries, the public interest, himself or others

Personal, property and other rights from being infringed, and take

Unlawful infringement behavior, causes harm to the unlawful infringer, belong to the positive

When the defence, and he shall not bear criminal responsibility.

 

 

Justifiable defence obviously exceeds the limits of necessity and causes serious damage, should be negative

Criminal responsibility, but should be reduced or exempted from punishment.

 

 

The ongoing assault, murder, robbery, rape, kidnapping and other

Violent crime of serious, take defensive actions, resulting in illegal

Violation of casualties, it is not undue defence, and he shall not bear criminal responsibility.

 

 

Twenty-first in order to enable countries, the public interest, of himself or others

The personal, property and other rights from danger happening, had to take

The act of rescue, caused the damage, he shall not bear criminal responsibility.

 

 

The emergency exceeds the limits of necessity and undue damage is caused, be negative

Criminal responsibility, but should be reduced or exempted from punishment.

 

 

To avoid danger to oneself on the provisions of the first paragraph, is not suitable for the job

Person who is charged with specific responsibility, business.

 

 

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

 

 

Twenty-second in order to crime, preparation tools, manufacturing conditions, is guilty of

Crime preparation.

 

 

One who prepares for a crime, can be accomplished crime shall lighter, mitigated punishment or exemption

In addition to the punishment.

 

 

Article twenty-third has already begun to crime, the criminal will to

The reasons are not succeed, attempted crime.

 

 

For the offense, can be accomplished crime shall be given a lighter or mitigated punishment.

 

 

Twenty-fourth in the criminal process, gave up the crime or automatic

Effectively prevent the result of crime, discontinuation of a crime refers to.

 

 

The discontinuance of crime, no damage is caused, be exempted from punishment; cause

Damage, should be 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; bear

Criminal responsibility, punishment according to the crime they have committed respectively.

 

 

Twenty-sixth organization, leads a criminal group in carrying out criminal activities or

Play a principal role in a joint crime, are the main culprits.

 

 

More than three people as the common crime and relatively stable criminal group

Fabric, is a criminal group.

 

 

Ringleader who organizes, leads a criminal group, according to the group made

All crime punishment.

 

 

The principal otherwise stipulated in the third paragraph, shall participate in or

Organization, command of all criminal punishment.

 

 

Twenty-seventh in the common crime plays a secondary or auxiliary role, is

Accessory.

 

 

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 be in accordance with his crime

The crime plot mitigated punishment or be exempted from punishment.

 

 

Twenty-ninth who instigates others to commit a crime, he should be in accordance with the common crime

Effect of punishment in the. Abetting under the age of eighteen crimes, shall be

He shall be given a heavier punishment.

 

 

If the instigated person does not commit the instigated crime, the instigator, can

With a lighter or mitigated punishment.

 

 

The fourth section of unit crime

 

 

The thirtieth company, enterprise, institution, organization, organization implementation

Harm the social behavior, the law as a crime committed by a unit, shall bear criminal responsibility

Ren.

 

 

Article thirty-first a crime committed by a unit, the unit is to be fined, and the direct

The competent personnel in charge and other directly responsible personnel penalty. This method

And other laws and regulations, 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 punishment and supplementary punishments.

 

 

The following thirty-third principal punishments:

 

 

(a) regulation;

 

 

(more than two);

 

 

(three) in prison;

 

 

(four) the life imprisonment;

 

 

(five) the death penalty.

 

 

The following thirty-fourth additional punishment:

 

 

(a) fine;

 

 

(two) the deprivation of political rights;

 

 

(three) the confiscation of property.

 

 

Supplementary punishments may be imposed independently.

 

 

Article thirty-fifth for the crime to foreigners, can be applied in an independent or attached

Plus applicable deportation.

 

 

Article thirty-sixth where the victim has suffered economic losses as a result of a criminal act

In addition, the criminals given criminal punishment according to law, and shall be sentenced according to the situation

Compensation for economic losses.

 

 

The criminals bear civil liability for compensation, and was sentenced to a fine, and the

Property is not sufficient to pay, or be sentenced to confiscation of property, should first

Bear the liability for civil compensation to the victim.

 

 

Article thirty-seventh for the crime are minor and do not require punishment, can

In order to be exempted from criminal punishment, but according to the different circumstances of the case, be training

Commandment or ordered to make a statement of repentance, apology, compensation for losses, or by the competent

Department of 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, shall be

When comply with the following provisions:

 

 

(a) to abide by the laws, administrative regulations, submit to supervision;

 

 

(two) without the approval of the organ executing, speech, publication, set may exercise

Will, 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 Executive

Authority for approval.

 

 

Criminals sentenced to public surveillance, in labor should get equal pay for equal work

.

 

 

The fortieth criminals sentenced to control, the control period, the execution machine

Shall I close to and his unit or residence of the masses announced the lifting pipe

System.

 

 

Forty-first control sentence, calculated from the date of execution of judgment; judgment

Is in custody before the execution of the sentence, each day spent in custody for 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 by a public security organ nearby

Execution.

 

 

During the period of execution, a criminal sentenced to criminal detention may home monthly a

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 of judgment; judgment

Is in custody before the execution, each day spent in custody in prison one day.

 

 

The fourth section, are to be sentenced to life imprisonment

 

 

Period forty-fifth prison, in addition to sixth fiftieth, this method

The provisions of article nineteen, for the following six months above fifteen years.

 

 

Article forty-sixth convicted criminals in prison, to life imprisonment,

The prison or other executing place; anyone who is able to work, should be

To accept education and reform through labor.

 

 

Sentence forty-seventh prison, calculated from the date of execution

Before the judgment; in custody, detention term is to be shortened by one day one day.

 

 

The fifth section of the death penalty

 

 

Article forty-eighth the death penalty criminals in the most serious offense.

Who should be sentenced to death, if immediate execution is not necessary

May be announced at the same time, with two years suspended sentence.

 

 

The death penalty except for judgments made by the Supreme People's court according to law, shall be submitted

Approval of the Supreme People's court. Death sentence with a reprieve, by the higher people's law

Court decisions or approval.

 

 

When the forty-ninth crimes under the age of eighteen and trial at

For pregnant women, the application of the death penalty.

 

 

Article fiftieth sentenced to death with a two-year suspension of execution, the execution period

, if not intentional crime, after the expiration of two years, to life imprisonment; if

If there are major meritorious service, after two years, reduced to fifteen years two

Less than ten years imprisonment; if the intentional crime, verified, by the supreme

The people's court for approval, execution.

 

 

During the fifty-first of the death sentence with a reprieve from the date of the judgment

Calculation. Suspension of execution to fixed-term imprisonment is counted from the death penalty with a suspension of execution

The calculation for the date of expiry.

 

 

The sixth section of fine

 

 

Article fifty-second shall be sentenced to a fine, it shall decide according to the circumstances of the crime penalty number

The amount of.

 

 

Fifty-third fine within the period specified in the judgment or a second instalment

Na. If no pay, forced to pay. For not all pay the fine

The people's court at any time, find the person subjected to execution has property,

Should any recovered. If paying because he has suffered irresistible calamity does

Difficult, 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 freedom

Right.

 

 

(three) the right to hold a position in state organs;

 

 

(four) as a State-Owned Company, enterprise, institution or people's organization

The positions of the right.

 

 

The fifty-fifth term of deprivation of political rights, in addition to the fifty-seventh article of this Law

Provisions, for one to five years.

 

 

For control of additional deprivation of political rights, the term of deprivation of political rights

Equal to the term of control, at the same time execution.

 

 

Article fifty-sixth for the crime of endangering national security shall be additional stripping

Deprivation of political rights; for intentional homicide, rape, arson, explosion, poisoning,

Robbery, seriously undermine public order crime, can be of additional deprivation of political

Right.

 

 

Where deprivation of political rights in accordance with the provisions of this law, the.

 

 

Fifty-seventh, the criminal who is sentenced to death to life imprisonment,

Be deprived of political rights for life.

 

 

In the suspension of execution to fixed-term imprisonment or life imprisonment for a period

In prison when, should put additional deprivation of political rights shall be changed to three years in

Ten years.

 

 

Fifty-eighth additional deprivation of political rights from prison, prison, detention

The completion of the execution of the day or calculated from the date of parole; deprivation of political rights

Force applied during the execution of punishment.

 

 

The criminal was deprived of political rights, during execution, shall comply with the

The provisions of the laws, administrative regulations and the relevant supervision and administration of the public security department under the state council,

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 refers to the confiscation of personal property

Part or all. Confiscation of all the property, should the criminal personal and

The family members supported by preserving the necessary living expenses.

 

 

When sentenced to confiscation of property, shall not be subject to confiscation of criminal family

Part or all of the property.

 

 

As the liabilities of sixtieth before the property was confiscated criminals, need

To 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

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.

 

 

The sixty-second criminals with the provisions of this Law shall be given a heavier punishment, punishment

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

, shall be sentenced to a punishment below the legally prescribed 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 can be in law

Be sentenced to a punishment below. Article sixty-fourth of criminal illegal income

All the property, shall be recovered or ordered to return the lawful

Property, shall be promptly returned; contraband and articles of the criminal's own property for,

Shall be confiscated. The confiscated property and fines shall be turned over to the state treasury, shall not

Misappropriation and disposal.

 

 

The second section recidivism

 

 

Article sixty-fifth a criminal element sentenced to fixed-term sentence or more severe punishment, punishment

The penalty is executed or pardon, within five years shall be sentenced to make

In prison more than a punishment of sin, is a recidivist, shall be given a heavier punishment, but negligence

Except crime.

 

 

The deadline stipulated in the preceding paragraph, the criminal who is granted parole, the parole

Calculated from the date of.

 

 

Article sixty-sixth the crime of endangering national security is executed in the penalty

Or pardon, at any time to commit the crime of endangering national security, to

Recidivism punished.

 

 

The third section voluntary surrender and meritorious service

 

 

Sixty-seventh after the voluntary surrender, the confession of his crime

Surrender oneself. Criminals surrender, can be given a lighter or mitigated punishment

Penalty. Among them, the lesser crime, may be exempted from punishment.

 

 

The coercive measures of criminal suspects, defendants and is serving a sentence

The criminals, the confession of the judicial organ has not grasped myself other crimes, to

Voluntary surrender.

 

 

The sixty-eighth criminals expose others to commit a crime behavior, the verified

Of, or provide important clues to the cracking of other cases, meritorious service table

Now, may be given a lighter or mitigated punishment; there are significant meritorious performance, can

A mitigated punishment or be exempted.

 

 

Crime after the surrender and major meritorious services, shall be reduced or exempted

Punishment.

 

 

The fourth section combined punishment for several crimes

 

 

Article sixty-ninth before the judgment is pronounced a committed several crimes, in addition to sentenced to death

And life imprisonment shall be the total sentence outside, in the following, the highest number of criminal punishment

Above, the discretion of execution of the sentence, but the control cannot exceed 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 the seventieth declaration, before the punishment has been completely executed, that is

Criminals sentenced to the judgment is pronounced, other crimes have not previously judgment,

A judgment shall be rendered for the newly discovered crime, the before and after the two verdict sentenced to punishment

Punishment, in accordance with the provisions of article sixty-ninth, decided to carry out the punishment. Already

Execution of the sentence, shall be calculated in the term decided by the new judgment.

 

 

After the seventy-first declaration, before the punishment has been completely executed, be sentenced to

The criminal punishment and crime, shall make a judgment on the newly committed crime, the former

Without the implementation of the penalty crime and the punishment imposed for the latter crime, in accordance with the provisions of this act of sixtieth

Nine the provisions of, decided to implement the punishment.

 

 

The fifth section probation

 

 

Article seventy-second for the following detention, was sentenced to three years in prison for the offense

Crime molecules, according to the circumstances of the crime and the performance of repentance criminals, probation

Did 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.

 

 

Seventy-third detention of the probation period for suspension for more than a year

The following, but not less than two months.

 

 

In prison, the probation period for suspension over the following five years,

But it 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 abide by the following rules

Set:

 

 

(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 moved, it shall be submitted to the investigation

Authority for approval.

 

 

Article seventy-sixth of criminal whose sentence is suspended, the probation period

In the study, by the public security organs, the unit or the basic level organization to coordinate,

If not the law seventy-seventh stipulation, upon expiration of the probation period, the original

Sentence is not executed, and shall be announced to the public.

 

 

Article seventy-seventh of criminal whose sentence is suspended, the probation period

Commits another crime or other crime is found in the judgment is pronounced, no previous decision,

The suspension shall be revoked, make a decision on the new crime or newly discovered crime, the

A former crime and the punishment imposed for the latter crime, in accordance with the provisions of article sixty-ninth,

Execution of the penalty decision.

 

 

A criminal whose sentence is suspended, during the probation period, in violation of law

Supervision and management law, administrative regulations or the public security department under the State Council on probation

Fixed, if the circumstances are serious, the suspension shall be revoked, the implementation of the original penalty.