The people's Republic of China Criminal Law Order of the Peoples Republic of China (No. eighty-third) "PRC Criminal Law" of the people's Republic of China the Eighth National People's Congress fifth conference was revised in March 14, 1997, we will publish the revised "the people's Republic of China Criminal Law", since October 1, 1997 1997. President of the people's Republic of China Jiang ZeminMarch 14, 1997 (by July 1, 1979 fifth session of Second National People's Congress revised in March 14, 1997 eighth session of Fifth National People's Congress revised in December 25, 1999 ninth session of the National People's Congress Standing Committee thirteenth Conference) 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, is the struggle against all criminal acts, to protect national security, safeguarding the people's democratic dictatorship and the socialist system, property protection of state property and collective, protect citizens' privately owned property, protect citizen's personal rights, democratic rights and other right, the maintenance of 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. The seventh PRC citizens to 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. PRC state personnel and military personnel who commit the crimes specified in this law field outside the people's Republic of China, the applicability of this method. Eighth of 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 to exercise criminal jurisdiction, applicable law. Article tenth where 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 be avoided or mitigated punishment. Criminal responsibility eleventh foreigners who enjoy diplomatic privileges and immunities, resolved through diplomatic channels. 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 of eighth shall be prosecuted in accordance with the law, shall be investigated for criminal responsibility, but if this law don't think that is a crime or imposes a lighter punishment, this Law shall apply. He Xing Yun Eller _sina_#8221_word__ spasm six light pen tip and barium, Ya Qiao Zhi Na core of line The second chapter of crime The first section of crime and criminal responsibility Thirteenth all the harm national 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 rights, 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, is an intentional crime. Intentional crime, criminal responsibility shall be borne. Article fifteenth should have foreseen that his 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, is a negligent 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. Article eighteenthThe mental patient harm consequences at a time when he is unable to recognize or control his own conduct, 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 nineteenthDeaf and dumb or blind person who commits a crime, shall be given a mitigated punishment or be exempted from punishment. Article twentiethIn 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, is justifiable defence, and he shall 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, it is not undue defence, and he shall 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 the emergency action taken, caused the 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 section preparation for a crime, criminal attempt and discontinuation Twenty-second
to crime, preparation 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. Twenty-third
has already begun to crime, due to reasons other than the criminals will not succeed, is 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 automatically and effectively prevent the result of crime, discontinuation of a crime refers to. 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. 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 is fixedly consisted of organized crime, criminal groups. Ringleader who organizes, leads a criminal group, punishment 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, is an accomplice. 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, according to the circumstances of his crime, a 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 section of unit crime Harm society thirtieth companies, enterprises, institutions, organizations, groups, implementation of the act, the law as a crime, he shall bear criminal responsibility. Article thirty-first a crime committed by a unit, the unit is to be fined, and the persons directly in charge 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 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 supplementary deported. 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 ordered to make a 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. _sina_#8221_word__ panic write kohlrabi frequency Mu Qin sun not swollen. Cylinder that onion small Thirty-ninth _sina_#8221_word__ panic write kohlrabi frequency, Qin Shi Cong, cylinder swollen. In pure Phi disadvantages as po aluminum release from ǎ (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, in labor should get equal pay for equal work. Fortieth _sina_#8221_word__ panic write kohlrabi frequency Mu Qin swollen cherry pie breaking cylinder in Xie Ze Cong onion Ji save tear push Lu, change or tie of young 'di Na Brown Di Ji Xiepie beer Forty-first control sentence, calculated from the date of execution; execution of detention in custody before, a day to be shortened by two days.