"The Supreme People's court, the Supreme People's Procuratorate on the implementation of the people's Republic of China Criminal Law '' of the supplementary provisions to determine charges (five)" the Supreme People's Court on April 21, 2011, April 13, 2011 the 1520th meeting of the judicial committee of the Supreme People's Procuratorate procuratorial Committee eleventh session of the sixtieth meeting of the, is hereby promulgated, shall enter into force as of May 1, 2011.

According to the "PRC Criminal Law Amendment (eight)" (hereinafter referred to as the "criminal law amendment (eight)") regulation, the Supreme People's court "on the implementation of 'of the people's Republic of China criminal law to determine the regulation of charge,'" the Supreme People's Procuratorate "on the application of specific provisions of criminal law crime's opinion" the following add, modify:

Notice of the Supreme People's Court of the people's Republic of China

"The Supreme People's Court on 'the people's Republic of China criminal law amendment (eight)' validity of time" interpretation of the Supreme People's Court on April 20, 2011 the 1519th meeting of the judicial committee, is hereby promulgated, shall enter into force as of May 1, 2011. 　

Two, one one April 25th

　 To correctly apply the "PRC Criminal Law Amendment (eight)", according to the relevant provisions of the criminal law, the people's court in May 1, 2011 after the trial of criminal cases, the criminal law provisions of the relevant issues as follows:
Article 1 in April 30, 2011 before the crime shall be sentenced to probation, control or in accordance with the law, the people's court according to the specific activities in crime, that is necessary and prohibit criminals in the control period or probation period, enter a particular area, field, contact person, shall be governed by the provisions of article thirty-eighth of criminal law amendment after second or seventy-second section second.
The criminals in the control period or probation period, the people's court in violation of the ban, provisions of article thirty-eighth of criminal law amendment after fourth or seventy-seventh section second.

Second April 30, 2011 before the crime, sentenced to death with a two-year suspension of execution, the applicable provisions of article fiftieth of the criminal law amendment before.
The defendant is a recidivist, or committing a crime is intentional homicide, rape, robbery, kidnapping, arson, explosion, dissemination of hazardous substances or organized violent crime, extremely serious crime, according to criminal law amendment before given a suspended death sentence does not reflect the principle of suiting punishment to crime, and according to the amended criminal sentenced to death with a suspension of execution at the same time, the decision to limit the commutation can penalty according to the provisions of the applicable criminal law fiftieth, amended section second.

The third was sentenced to the punishment, punishment is finished or pardon, in April 30, 2011 before making should be sentenced to the punishment of sin, whether the recidivist, apply the provisions of article sixty-fifth of criminal law amendment of the former crime; but, when under the age of eighteen, whether the recidivist, the revised provisions applicable article sixty-fifth of the criminal law.
Had committed crimes of endangering national security, the punishment has been completely executed or pardon, in April 30, 2011 before make the crime of endangering national security, whether the recidivist, apply the provisions of article sixty-sixth of the criminal law amendment before.
Was sentenced penalty above, or had committed crimes of endangering national security, terrorism, organized crimes of the underworld crime again, after May 1, 2011, whether for recidivism, amended article sixty-fifth of the criminal law, the provisions of article sixty-sixth.

Fourth 2011 years before April 30th crime, though not with the plot, but confess, shall be governed by the provisions of article sixty-seventh of criminal law amendment after the third paragraph.

Fifth April 30, 2011 before the crime, crime after the surrender and major meritorious services, shall be governed by the provisions of article sixty-eighth of criminal law amendment of section second.

Sixth 2011 years before April 30th, a committed several crimes, crimes provisions shall, before the amendment to article sixty-ninth of the criminal law; in April 30, 2011 and a committed several crimes, one crime happened in May 1, 2011 after modified, applicable to article sixty-ninth of the criminal law.

Seventh 2011 years in April 30th before the crime, was sentenced to life imprisonment, after commutation or parole before the actual implementation of the sentence, application of article Seventy-eighth of the criminal law amendment before the second paragraph, eighty-first paragraph 1.

Eighth 2011 years before April 30th crime, because is a recidivist or intentional homicide, rape, robbery, kidnapping, arson, explosion, dissemination of hazardous substances or organized violent crime and was sentenced to ten years in prison, life imprisonment of criminals, after May 1, 2011 is still in prison, or on parole, before the amendment of article eighty-first of criminal law provisions of paragraph second; in April 30, 2011 before the crime, a criminal element sentenced to ten years in prison, life imprisonment for crimes of violence, after May 1, 2011 is still in prison, parole shall apply whether, after revising article eighty-first of the criminal law section second, third paragraph.