The people's Republic of China Criminal Law (Annotated Edition) and "criminal law amendment (eight)" (performed since May 1, 2011) -1

"PRC Criminal Law Amendment (eight)" by the nineteenth meeting of the Standing Committee of the people's Republic of the Eleventh National People's Congress on February 25, 2011, is hereby promulgated, shall enter into force as of May 1, 2011.

The people's Republic of China President Decree 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 Zemin
March 14, 1997
The people's Republic of China Criminal Law
(by July 1, 1979 Fifth National People's Congress second conference 1997 in March 14th eighth session of the National People's Congress fifth conference revised according to the December 25, 1999"PRC Criminal Law amendment"In August 31, 2001"PRC Criminal Law Amendment (two)"In December 29, 2001"PRC Criminal Law Amendment (three)"In December 28, 2002"PRC Criminal Law Amendment (four)"In February 28, 2005"PRC Criminal Law Amendment (five)"In June 29, 2006"PRC Criminal Law Amendment (six)"In February 28, 2009"PRC Criminal Law Amendment (seven)"Correction, February 25, 2011"PRC Criminal Law Amendment (eight)"Correction)

The Supreme People's Court on the implementation of "PRC Criminal Law" to determine the regulation of charge
Notice of the Supreme People's Procuratorate issued on the "crime of the Supreme People's Procuratorate on provisions of the criminal law of the crime of opinion"
The Supreme People's court, the Supreme People's Procuratorate on the implementation of "PRC Criminal Law" of the supplementary provisions to determine charges
The Supreme People's court, the Supreme People's Procuratorate on the implementation of "PRC Criminal Law" of the supplementary provisions to determine charges (two)
The Supreme People's court, the Supreme People's Procuratorate on the implementation of "PRC Criminal Law" of the supplementary provisions to determine charges (three)
The Supreme People's court, the Supreme People's Procuratorate on the implementation of "PRC Criminal Law" of the supplementary provisions to determine charges (four)
The Supreme People's court, the Supreme People's Procuratorate on the implementation of "PRC Criminal Law" of the supplementary provisions to determine charges (five)

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, democratic rights 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

Part I General Provisions

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

The first [The purpose of legislation] 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 [Task] 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 property, all the protection of citizen's private, 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 [Statutory crime] 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 [Laws do not discriminate against anyone] crime to any person, in the equal application of the law. People will not allow any privilege beyond the law.

Article fifth [Suiting punishment] the severity of punishment, should with crime criminal responsibility and commitment to adapt.

Article sixth [Territorial jurisdiction] Anyone who commits a crime within the people's Republic of China, 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.

Article seventh [Personal jurisdictionCitizens of the people's Republic of China] in the field outside the people's Republic of China who commit crimes prescribed in this law, this Law shall apply, but to the highest penalty prescribed in this Law for 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.

Article eighth [Protective jurisdiction] 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 [Universal jurisdiction] the provisions for the international treaties concluded or acceded to by the people's Republic of China of the crime, the people's Republic of China in the scope of the treaty obligations to exercise criminal jurisdiction, applicable law.

Article tenth [The foreign criminal judgment of negative acknowledgement] in every field of 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.

Article eleventh [Diplomatic immunity from criminal jurisdiction] of criminal responsibility of foreigners who enjoy diplomatic privileges and immunities, resolved through diplomatic channels.

Article twelfth [Retroactivity] after the people's Republic of China was established 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 law don't think that is 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

Article thirteenth [The concept of crime] 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 rights, and other acts that endanger 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.

Article fourteenth [Intentional crime] knows his own act will entail harmful consequences to society, 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 [Unpremeditated crime] 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.

Article sixteenth [Irresistible force and accidents] 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 age of criminal responsibility] has over 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.
[This article is"PRC Criminal Law Amendment (eight)"Add a, asArticle seventeenthOne: "the full seventy-five years of age who intentionally the crime, may be given a lighter or mitigated punishment; criminal negligence, shall be given a lighter or mitigated punishment."]

Article eighteenth [The criminal responsibility of the special staff] mental patient causes harmful 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 nineteenth [The criminal responsibility of deaf and dumb or blind crime] deaf mute or blind person who commits a crime, shall be given a mitigated punishment or be exempted from punishment.

Article twentieth [Just Cause] in order to the country, 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.

Article twenty-first [The emergency] in order to the country, 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

Article twenty-second [Preparation for a crime] 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.

Article twenty-third [Attempted crime] 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.

Article twenty-fourth [The discontinuance of crime] 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

Article twenty-fifth [The concept of joint crime] 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 [Principal] 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.

Article twenty-seventh [Accessory] plays a secondary or auxiliary role in a joint crime, is an accomplice.
The accessory, shall be given a lighter, mitigated punishment or be exempted from punishment.

Article twenty-eighth [The coerced offender] who is coerced to participate in a crime shall, according to the circumstances of his crime, a mitigated punishment or be exempted from punishment.

Article twenty-ninth [The instigator] 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

Article thirtieth [The scope of the criminal responsibility of unitCompany] harm to society, enterprises, institutions, organizations, groups, implementation of the act, the law as a crime, he shall bear criminal responsibility.

Article thirty-first [The principle of punishment of unit crime] 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

Article thirty-second [Principal punishment and supplementary punishments] punishments are divided into principal and supplementary punishments.

Article thirty-third [The main species] the following principal punishments are:
(a) regulation;
(more than two);
(three) in prison;
(four) the life imprisonment;
(five) the death penalty.

Article thirty-fourth [Additional penalty types] the types of supplementary punishments are:
(a) fine;
(two) the deprivation of political rights;
(three) the confiscation of property.
Supplementary punishments may be imposed independently.

Article thirty-fifth [Deportation] to a foreigner who commits a crime, can be applied in an independent or supplementary deported.

Article thirty-sixth [Compensation for economic loss and the priority principle of civil] 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 [Non penalty measures] for 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 and enforcement authority] the term of control, for more than three months to two years.
Criminals sentenced to public surveillance, executed by a public security organ.
[This article is"PRC Criminal Law Amendment (eight)"One paragraph is added as the second paragraph: "sentenced to control, can according to the crime situation, also prohibit criminals to engage in special activities during the period of execution, into specific regions, specific place, contact person."
The second paragraph as the third paragraph, is amended as: "to a criminal sentenced to public surveillance, shall be subject to community correction."
One paragraph is added as the fourth paragraph: "in violation of the provisions of the second paragraph of prohibition, by the public security organs in accordance with the" Regulations of Public Security Administration Punishment Law of the people's Republic of China. "."]

Article thirty-ninth [Obligations and rights regulated criminals] 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, in labor should get equal pay for equal work.

Article fortieth [The expiration of lift control] criminals sentenced to control, the control period, the executing organ shall immediately to himself and his unit or residence crowds that deregulation.

Article forty-first [Calculation and fold control sentence] 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 [The term of criminal detention] detention period, as the following one to six months.

Article forty-third [Execution of criminal detention] 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 [Calculation and folding detention sentence] detention sentence, 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

Article forty-fifth [The prison term] prison term, 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 [In prison and execution of life imprisonment] a criminal element sentenced to imprisonment, execution in prison, prison or other executing place; anyone who is able to work, shall take part in labor, to accept education and reform.

Article forty-seventh [Calculation and folded with a sentence of life] the prison sentence, calculated from the date of execution; execution of detention in custody before, a day to be shortened by one day.

The fifth section of the death penalty

Article forty-eighth [The death penalty, penalty applicable objects and approval procedures] the 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.

Article forty-ninth [The suitable object of death penalty restrictionWhen] when he committed the crime under the age of eighteen and trial of pregnant women, the application of the death penalty.
[This article is"PRC Criminal Law Amendment (eight)"One paragraph is added as the second paragraph: "the time of trial has attained the age of seventy-five years, the application of the death penalty, but by especially cruel means death caused exception."]

Article fiftieth [The change from reprieve] 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, verification, approval by the Supreme People's the court, execution.
[This article is"PRC Criminal Law Amendment (eight)"Is amended as: "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 twenty-five years in prison; if the intentional crime, investigation substantiated, approved by the supreme people's the court, execution.
"To be sentenced to death with a two-year suspension of execution, a criminal element sentenced to recidivism of death sentence with a reprieve for intentional homicide, rape, robbery, kidnapping, arson, explosion, dissemination of hazardous substances or organized violent crime, the people's court according to the circumstances of the crime and so can also decided on the commutation limit."]

Article fifty-first [During the period of reprieve and sentence to sentence calculationDuring 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 death sentence with a reprieve, expiration date.

The sixth section of fine

Article fifty-second [Discretionary fine] shall be sentenced to a fine, the amount of the fine shall be determined according to the circumstances of the crime.

Article fifty-third [Fine is to be paid] 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 right meaning] 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.

Article fifty-fifth [The term of deprivation of political rights] the 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 [Additional, may be sentenced to deprivation of political rights] for the crime of endangering national security shall be additional deprivation of political rights; criminal 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 [The application of the death penalty, no criminals sentenced to deprivation of political rights], a criminal who is sentenced to death to 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.

Article fifty-eighth [Deprivation of political right term calculation, the effect and execution] additional deprivation of political rights from the 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 [Range of confiscation of property] 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.

Article sixtieth [To repay the debt to confiscation of property] legitimate debts incurred by the criminal element before the property, 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

Article sixty-first [Sentencing facts and legal basis] 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, to the relevant provisions of this law.

Article sixty-second [Heavier punishment and light punishment] 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.

Article sixty-third [Mitigation of punishment] 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 may be sentenced to a punishment below the legally prescribed punishment.
[The first paragraph of this article are"PRC Criminal Law Amendment (eight)"Is amended as: "the criminals with the provisions of this Law of mitigating circumstances, shall be sentenced to a punishment in legal punishment under the provisions of this law; a plurality of sentencing, he shall be sentenced to a punishment in a range of statutory sentencing sentencing range."]

Article sixty-fourth [The crime object] the illegal proceeds of the criminal 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 [General recidivism] a criminal element sentenced to fixed-term sentence or more severe punishment, punishment is finished or pardon, within five years shall be sentenced to more than make a punishment of sin, is a recidivist, 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.
[The first paragraph of this article are"PRC Criminal Law Amendment (eight)"Is amended as: "a criminal element sentenced to fixed-term sentence or more severe punishment, punishment is finished or pardon, within five years shall be sentenced to more than make a punishment of sin, is a recidivist, shall be given a heavier punishment, but negligence crime and crime under the age of eighteen person except."]

Article sixty-sixth [Special recidivism] 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.
[This article is"PRC Criminal Law Amendment (eight)"Is amended as: "the criminal crime of endangering national security, terrorism, organized crimes of the underworld, the penalty is finished or pardon, at any time to make any of such crimes, are to be treated as recidivists."]

The third section voluntary surrender and meritorious service

Article sixty-seventh [Surrender oneself] 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.
[This article is"PRC Criminal Law Amendment (eight)"One paragraph is added as the third paragraph: "the suspect is not with the provisions of the preceding two paragraphs plot, but confess, may be given a lighter punishment; for his truthful confession, to avoid serious consequences occur, can reduce the punishment."]

Article sixty-eighth [Render meritorious service] 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.
[This article is"PRC Criminal Law Amendment (eight)"Delete paragraph second]

The fourth section combined punishment for several crimes

Article sixty-ninth [Before the judgment is pronounced, the combined punishment of several crimes committed by one person] 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 in prison, a maximum of not more than twenty years.
If the number of crimes in a supplementary punishment is imposed, the supplementary punishment shall still be executed.
[This article is"PRC Criminal Law Amendment (eight)"Is amended as: "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 in prison sentence, the sum is less than thirty-five years, the maximum not more than twenty years, the total sentence of thirty-five years or more, the maximum not more than twenty-five years.
"Crime is a supplementary punishment is imposed, the supplementary punishment shall still be executed, which combined to perform additional penalties of the same kind, different kinds of, respectively, the execution."]

Article seventieth [Declaration that leaks the crime of punishment] judgment is pronounced later, 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.

Article seventy-first [After the judgment is pronounced, and new crime punish] judgment is pronounced later, 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

Article seventy-second [Applicable conditions] sentenced to 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.
[This article is"PRC Criminal Law Amendment (eight)"Is amended as: "to be sentenced to criminal detention, the following three years there are criminals in prison, also meet the following conditions, may declare the probation, the people under eighteen years of age, pregnant women and has attained the age of seventy-five years, the probation shall be:
"(a) small offences;
"(two) repentance;
"(three) there is no danger of re offending;
"(four) probation without significant adverse impact on the residential community.
"Probation, according to the criminal case, also prohibit criminals to engage in special activities during the probation period, into specific regions, specific place, contact person.
"A criminal whose sentence is suspended, if a supplementary punishment is imposed, the supplementary punishment shall still be executed."]

Article seventy-third [Test period] 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 [Is not applicable probation] for recidivism, not applicable probation.
[This article is"PRC Criminal Law Amendment (eight)"Is amended as: "to recidivists and ringleaders of criminal groups, not applicable probation."]

Article seventy-fifth [The probation shall comply with the provisions of] a 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.

Article seventy-sixth [Probation tests and positive consequences] a criminal whose sentence is suspended, during 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 be publicly announced.
[This article is"PRC Criminal Law Amendment (eight)"Is amended as: "the criminal probation, the probation period, shall be subject to community correction, 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 [Revocation of probation and its treatment] a criminal whose sentence is suspended, the probation period commits another crime or other crime is found in the judgment is pronounced, not previously 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 article sixty-ninth, decision execution of 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 second paragraph of this article are"PRC Criminal Law Amendment (eight)"Is amended as: "a criminal whose sentence is suspended, during the probation period for violation of laws, administrative regulations, or the departments concerned under the State Council on probation supervision and management regulations, or violation of the people's court injunction, if the circumstances are serious, the suspension shall be revoked, the original sentence penalty."]

The sixth section commutation

Article Seventy-eighth [Suitable conditions and limits] 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, should reduce punishment:
(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.
[The second paragraph of this article are"PRC Criminal Law Amendment (eight)"Is amended as: "after commutation actual execution of the sentence of not less than the following period:
"(a) sentenced to public surveillance, detention, are to be sentenced to not less than the term originally decided, 1/2;
"(two) for those sentenced to life imprisonment, not less than thirteen years;
"(three) Criminal Court stay of execution in accordance with this law, the provisions of the second paragraph fiftieth restrictions on commutation of the death penalty, after the expiration of the period of suspension of execution shall be reduced to life imprisonment, not less than twenty-five years, after the expiration of the period of suspension of execution shall be reduced to twenty-five years in prison, not less than twenty years."]

Article seventy-ninth [The program] to a criminal sentence, 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.

Article eightieth [No commutation prison sentence calculation] life imprisonment sentence to sentence, from the date the order of commutation is issued.

The seventh section

Article eighty-first [Applicable conditions] 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, to 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.
[This article is"PRC Criminal Law Amendment (eight)"Is amended as: "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 thirteen years, he conscientiously observes prison regulations, accepts education and reform, shows true repentance, there is no danger of re offending, 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 intentional homicide, rape, robbery, kidnapping, arson, explosion, dissemination of hazardous substances or organized violent crime was sentenced to ten years in prison, criminals sentenced to life imprisonment, without the possibility of parole.
"The parole of criminal decision, should consider its release on parole on the community impact."]

Article eighty-second [The program] parole criminals were in accordance with the provisions of this law, the provisions of the seventy-ninth procedures. No parole shall be granted without going through legal procedures.

Article eighty-third [Test period] in prison 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 [The parolee shall comply with the provisions of] criminals 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.

Article eighty-fifth [The probation and positive consequences] the criminals are on 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.
[This article is"PRC Criminal Law Amendment (eight)"Is amended as: "the criminal parole, during the probation period, shall be subject to community correction, if not the law of 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.]

Article eighty-sixth [Revocation of parole and its treatment] the criminals are on 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 third paragraph of this article are"PRC Criminal Law Amendment (eight)"Is amended as: "the criminals are on parole, during the probation period, in violation of laws, administrative regulations or the relevant departments of the State Council on the behavior of the parole supervision regulations, 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 limitation period for prosecutionThe 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.

Article eighty-eighth [To extend the period for prosecution] in the 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.

Article eighty-ninth [And interrupt the calculation period for prosecutionThe limitation period for prosecution] is calculated 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

Article ninetieth [Application of the criminal law in ethnic autonomous areas, flexibleNational autonomous areas] cannot completely apply the stipulations 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 submitted to the National People's Congress Standing Committee shall approve.

Article ninety-first [The scope of public property] "public property" as mentioned in this Law 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.

Article ninety-second [The scope of private property of citizens] says the citizen private property in this Law 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.

Article ninety-third [The scope of national staff] "state functionaries" as mentioned in this law, refers to the 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.

Article ninety-fourth [The scope of judicial personnel] "judicial personnel" as mentioned in this law, refers to the functions of investigation, prosecution, trial, supervision of staff.

Article ninety-fifth [Injured] said seriously "as mentioned 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 ninety-sixth [In violation of state regulations of meaning] 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 primary molecular range] 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.

Article ninety-eighth [That means] "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.

Article ninety-ninth [As defined above, below, within the] said above, below, within, including the number of.

Article 100th [Criminal record reporting system] 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.
[This article is"PRC Criminal Law Amendment (eight)"One paragraph is added as the second paragraph: "when he committed the crime under the age of eighteen was sentenced to the penalty of five years, exemption from the provisions of the preceding paragraph reporting obligations."]

Article 101st [General effect] the general provisions of this law are applicable to other laws with penalty, but other laws with the exception of the special provisions.