Updated: Sunday July 05, 2015/AlAhad
Ramadan 19, 1436/Ravivara
Asadha 14, 1937, at 05:59:18 PM
Criminal Law of the People's Republic of
Adopted at the Second
Session of the Fifth National People's Congress on July 1, 1979; revised at the
Fifth Session of the Eighth National People's Congress on March 14, 1997 and
promulgated by Order No.83 of the President of the People's Republic of
Contents
Part One General
Provisions
Chapter I The Aim,
Basic Principles and Scope of Application of the Criminal Law
Chapter
II Crimes
Section 1 Crimes and
Criminal Responsibility
Section 2 Preparation
for a Crime, Criminal Attempt and Discontinuation of a Crime
Section 3 Joint
Crimes
Section 4 Crimes
Committed by a Unit
Chapter III Punishments
Section 1 Types of
Punishments
Section 2 Public
Surveillance
Section 3 Criminal
Detention
Section 5 The Death
Penalty
Section 6 Fines
Section 7 Deprivation
of Political Rights
Section 8 Confiscation
of Property
Chapter IV The
Concrete Application of Punishments
Section
1 Sentencing
Section
2 Recidivists
Section 3 Voluntary
Surrender and Meritorious Performance
Section 4 Combined
Punishment for Several Crimes
Section 5 Suspension
of Sentence
Section 6 Commutation
of Punishment
Section 7 Parole
Section 8 Limitation
Chapter V Other
Provisions
Part Two Specific
Provisions
Chapter I Crimes of
Endangering National Security
Chapter II Crimes of
Endangering Public Security
Chapter III Crimes of
Disrupting the Order of the Socialist Market Economy
Section 1 Crimes of
Producing and Marketing Fake or Substandard Commodities
Section 2 Crimes of
Smuggling
Section 3 Crimes of
Disrupting the Order of Administration of Companies and Enterprises
Section 4 Crimes of
Disrupting the Order of Financial Administration
Section 5 Crimes of
Financial Fraud
Section 6 Crimes of
Jeopardizing Administration of Tax Collection
Section 7 Crimes of
Infringing on Intellectual Property Rights
Section 8 Crimes of
Disrupting Market Order
Chapter IV Crimes of
Infringing upon Citizens' Right of the Person and Democratic Rights
Chapter V Crimes of
Property Violation
Chapter VI Crimes of
Obstructing the Administration of Public Order
Section 1 Crimes of
Disturbing Pubic Order
Section 2 Crimes of
Impairing Judicial Administration
Section 3 Crimes
Against Control of National Border (Frontier)
Section 4 Crimes
Against Control of Cultural Relics
Section 5 Crimes of
Impairing Public Health
Section 6 Crimes of
Impairing the Protection of Environment and Resources
Section 7 Crimes of
Smuggling, Trafficking in, Transporting and Manufacturing Narcotic Drugs
Section 8 Crimes of
Organizing, Forcing, Luring, Sheltering or Procuring Other Persons to Engage in
Prostitution
Section 9 Crimes of
Producing, Selling, Disseminating Pornographic Materials
Chapter VII Crimes of
Impairing the Interests of National Defence
Chapter VIII Crimes of
Embezzlement and Bribery
Chapter IX Crimes
of Dereliction of Duty
Chapter X Crimes
of Servicemen's Transgression of Duties
Chapter XI Supplementary
Provisions
Part One General
Provisions
Chapter I The Aim,
Basic Principles and Scope of Application of the Criminal Law
Article 1 In order to
punish crimes and protect the people, this Law is enacted on the basis of the
Constitution and in the light of the concrete experiences and actual
circumstances in
Article 2 The aim of
the Criminal Law of the People's Republic of China is to use criminal
punishments to fight against all criminal acts in order to safeguard security
of the State, to defend the State power of the people's democratic dictatorship
and the socialist system, to protect property owned by the State, and property
collectively owned by the working people and property privately owned by
citizens, to protect citizens' rights of the person and their democratic and
other rights, to maintain public and economic order, and to ensure the smooth
progress of socialist construction.
Article 3 For acts
that are explicitly defined as criminal acts in law, the offenders shall be
convicted and punished in accordance with law; otherwise, they shall not be
convicted or punished.
Article 4 The law
shall be equally applied to anyone who commits a crime. No one shall have the
privilege of transcending the law.
Article 5 The degree
of punishment shall be commensurate with the crime committed and the criminal responsibility
to be borne by the offender.
Article 6 This Law
shall be applicable to anyone who commits a crime within the territory and
territorial waters and space of the People's republic of
This Law shall also be
applicable to anyone who commits a crime on board a ship or aircraft of the
People's Republic of
If a criminal act or its
consequence takes place within the territory or territorial waters or space of
the People's Republic of
Article 7 This Law
shall be applicable to any citizen of the People's Republic of China who
commits a crime prescribed in this Law outside the territory and territorial
waters and space of the People's Republic of China; however, if the maximum
punishment to be imposed is fixed-term imprisonment of not more than three
years as stipulated in this Law, he may be exempted from the investigation for
his criminal responsibility.
This Law shall be
applicable to any State functionary or serviceman who commits a crime
prescribed in this Law outside the territory and territorial waters and space
of the People's Republic of
Article 8 This Law may
be applicable to any foreigner who commits a crime outside the territory and
territorial waters and space of the People's Republic of China against the
State of the People's Republic of China or against any of its citizens, if for
that crime this Law prescribes a minimum punishment of fixed-term imprisonment
of not less than three years; however, this does not apply to a crime that is
not punishable according to the laws of the place where it is committed.
Article 9 This Law shall
be applicable to crimes which are stipulated in international treaties
concluded or acceded to by the People's Republic of China and over which the
People's Republic of China exercises criminal jurisdiction within the scope of
obligations, prescribed in these treaties, it agrees to perform.
Article 10 Any person
who commits a crime outside the territory and territorial waters and space of
the People's Republic of China, for which according to this Law he should bear
criminal responsibility, may still be investigated for his criminal
responsibility according to this Law, even if he has already been tried in a
foreign country. However, if he has already received criminal punishment in the
foreign country, he may be exempted from punishment or given a mitigated
punishment.
Article 11 The
criminal responsibility of foreigners who enjoy diplomatic privileges and
immunities shall be solved through diplomatic channels.
Article 12 If an act
committed after the founding of the People's Republic of
Before the entry into force
of this Law, any judgment that has been made and has become effective according
to the laws at the time shall remain valid.
Chapter II Crimes
Section 1 Crimes and
Criminal Responsibility&
Article 13 A crime
refers to an act that endangers the sovereignty, territorial integrity and
security of the State, splits the State, subverts the State power of the
people's democratic dictatorship and overthrows the socialist system,
undermines public and economic order, violates State-owned property, property
collectively owned by the working people, or property privately owned by
citizens, infringes on the citizens' rights of the person, their democratic or
other rights, and any other act that endangers society and is subject to
punishment according to law. However, if the circumstances are obviously minor
and the harm done is not serious, the act shall not be considered a
crime.
Article 14 An
intentional crime refers to an act committed by a person who clearly knows that
his act will entail harmful consequences to society but who wishes or allows
such consequences to occur, thus constituting a crime.
Criminal responsibility
shall be borne for intentional crimes.
Article 15 A negligent
crime refers to an act committed by a person who should have foreseen that his
act would possibly entail harmful consequences to society but who fails to do
so through his negligence or, having foreseen the consequences, readily
believes that they can be avoided, so that the consequences do occur.
Criminal responsibility
shall be borne for negligent crimes only when the law so provides.
Article 16 An act is
not a crime if it objectively results in harmful consequences due to
irresistible or unforeseeable causes rather than intent or negligence.
Article 17 If a person
who has reached the age of 16 commits a crime, he shall bear criminal
responsibility.
If a person who has reached
the age of 14 but not the age of 16 commits intentional homicide, intentionally
hurts another person so as to cause serious injury or death of the person, or
commits rape, robbery, drug-trafficking, arson, explosion or poisoning, he
shall bear criminal responsibility.
If a person who has reached
the age of 14 but not the age of 18 commits a crime, he shall be given a
lighter or mitigated punishment.
If a person is not given
criminal punishment because he has not reached the age of 16, the head of his
family or his guardian shall be ordered to discipline him. When necessary, he
may be taken in by the government for rehabilitation.
Article 18 If a 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 members or
guardian shall be ordered to keep him under strict watch and control and
arrange for his medical treatment. When necessary, the government may compel
him to receive medical treatment.
Any person whose mental
illness is of an intermittent nature shall bear criminal responsibility if he
commits a crime when he is in a normal mental state.
If a mental patient who has
not completely lost the ability of recognizing or controlling his own conduct
commits a crime, he shall bear criminal responsibility; however, he may be given
a lighter or mitigated punishment.
Any intoxicated person who
commits a crime shall bear criminal responsibility.
Article 19 Any
deaf-mute or blind person who commits a crime may be given a lighter or
mitigated punishment or be exempted from punishment.
Article 20 An act that a
person commits to stop an unlawful infringement in order to prevent the
interests of the State and the public, or his own or other person's rights of
the person, property or other rights from being infringed upon by the on-going
infringement, thus harming the perpetrator, is justifiable defence, and he
shall not bear criminal responsibility.
If a person's act of
justifiable defence obviously exceeds the limits of necessity and causes
serious damage, he shall bear criminal responsibility; however, he shall be
given a mitigated punishment or be exempted from punishment.
If a person acts in defence
against an on-going assault, murder, robbery, rape, kidnap or any other crime
of violence that seriously endangers his personal safety, thus causing injury
or death to the perpetrator of the unlawful act, it is not undue defence, and
he shall not bear criminal responsibility.
Article 21 If a person
is compelled to commit an act in an emergency to avert an immediate danger to
the interests of the State or the public, or his own or another person's rights
of the person, property or other rights, thus causing damage, he shall not bear
criminal responsibility.
If the act committed by a
person in an emergency to avert danger exceeds the limits of necessity and
causes undue damage, he shall bear criminal responsibility; however, he shall
be given a mitigated punishment or be exempted from punishment.
The provisions of the first
paragraph of this Article with respect to averting danger to oneself shall not
apply to a person who is charged with special responsibility in his post or
profession.
Section 2 Preparation
for a Crime, Criminal Attempt and Discontinuation of a Crime
Article 22 Preparation
for a crime refers to the preparation of the instruments or the creation of the
conditions for a crime.
An offender who prepares
for a crime may, in comparison with one who completes the crime, be given a
lighter or mitigated punishment or be exempted from punishment.
Article 23 A criminal
attempt refers to a case where an offender has already started to commit a
crime but is prevented from completing it for reasons independent of his
will.
An offender who attempts to
commit a crime may, in comparison with one who completes the crime, be given a
lighter or mitigated punishment.
Article
24 Discontinuation of a crime refers to a case where, in the course of
committing a crime, the offender voluntarily discontinues the crime or
voluntarily and effectively prevents the consequences of the crime from occurring.
An offender who
discontinues a crime shall, if no damage is caused, be exempted from punishment
or, if any damage is caused, be given a mitigated punishment.
Section 3 Joint
Crimes
Article 25 A joint
crime refers to an intentional crime committed by two or more persons
jointly.
A negligent crime committed
by two or more persons jointly shall not be punished as a joint crime; however,
those who should bear criminal responsibility shall be individually punished
according to the crimes they have committed.
Article 26 A principal
criminal refers to any person who organizes and leads a criminal group in
carrying out criminal activities or plays a principal role in a joint
crime.
A criminal group refers to
a relatively stable criminal organization formed by three or more persons for
the purpose of committing crimes jointly.
Any ringleader who
organizes or leads a criminal group shall be punished on the basis of all the
crimes that the criminal group has committed.
Any principal criminal not
included in Paragraph 3 shall be punished on the basis of all the crimes that
he participates in or that he organizes or directs.
Article 27 An
accomplice refers to any person who plays a secondary or auxiliary role in a
joint crime.
An accomplice shall be
given a lighter or mitigated punishment or be exempted from punishment.
Article 28 Anyone who
is coerced to participate in a crime shall be given a mitigated punishment or
be exempted from punishment in the light of the circumstances of the crime he
commits.
Article 29 Anyone who
instigates another to commit a crime shall be punished according to the role he
plays in a joint crime. Anyone who instigates a person under the age of 18 to
commit a crime shall be given a heavier punishment.
If the instigated person
has not committed the instigated crime, the instigator may be given a lighter
or mitigated punishment.
Section 4 Crimes
Committed by a Unit
Article 30 Any
company, enterprise, institution, State organ, or organization that commits an
act that endangers society, which is prescribed by law as a crime committed by
a unit, shall bear criminal responsibility.
Article 31 Where a
unit commits a crime, it shall be fined, and the persons who are directly in
charge and the other persons who are directly responsible for the crime shall
be given criminal punishment. Where it is otherwise provided for in the
Specific Provisions of this Law or in other laws, those provisions shall
prevail.
Chapter
III Punishments
Section 1 Types of
Punishments
Article 32 Punishments
are divided into principal punishments and supplementary punishments.
Article 33 The
principal punishments are as follows:
(1) public
surveillance;
(2) criminal
detention;
(3) fixed-term
imprisonment;
(4) life imprisonment;
and
(5) the death penalty.
Article 34 The
supplementary punishments are as follows:
(1) fine;
(2) deprivation of
political rights; and
(3) confiscation of
property.
Supplementary punishments
may be imposed independently.
Article 35 Deportation
may be imposed independently or supplementarily to a foreigner who commits a
crime.
Article 36 If a victim
suffers economic losses as a result of a crime, the criminal shall, in addition
to receiving a criminal punishment according to law, be sentenced to
compensation for the economic losses in the light of the circumstances.
If a criminal who is liable
for civil compensation is sentenced to a fine at the same time but his property
is not sufficient to pay both the compensation and the fine, or if he is
sentenced to confiscation of property at the same time, he shall, first of all,
bear his liability for civil compensation to the victim.
Article 37 If the
circumstances of a person's crime are minor and do not require criminal
punishment, he may be exempted from it; however, he may, depending on the
different circumstances of the case, be reprimanded or ordered to make a
statement of repentance, offer an apology or pay compensation for the losses,
or be subjected to administrative penalty or administrative sanctions by the
competent department.
Section 2 Public
Surveillance
Article 38 The term of
public surveillance shall be not less than three months but not more than two
years.
Where a criminal is
sentenced to public surveillance, the sentence shall be executed by a public
security organ.
Article 39 Any
criminal who is sentenced to public surveillance shall observe the following
during the term in which his sentence is being executed:
(1) observe laws and
administrative rules and regulations, and submit to supervision;
(2) exercise no right
of freedom of speech, of the press, of assembly, of association, of procession
or of demonstration without the approval of the organ executing the public
surveillance;
(3) report on his own
activities as required by the organ executing the public surveillance;
(4) observe the
regulations for receiving visitors stipulated by the organ executing the public
surveillance; and
(5) report to obtain
approval from the organ executing the public surveillance for any departure
from the city or county he lives in or for any change in residence.
Criminals sentenced to
public surveillance shall, while engaged in labour, receive equal pay for equal
work.
Article 40 Upon the
expiration of a term of public surveillance, the executing organ shall
immediately announce the termination of public surveillance to the criminal
sentenced to public surveillance and to his work unit or the people of the
place where he resides.
Article 41 A term of
public surveillance shall be counted from the date the judgment begins to be
executed; if the criminal is held in custody before the execution of the
judgment, one day in custody shall be considered two days of the term
sentenced.
Section 3 Criminal
Detention
Article 42 A term of
criminal detention shall be not less than one month but not more than 6
months.
Article 43 Where a
criminal is sentenced to criminal detention, the sentence shall be executed by
the public security organ in the vicinity.
During the period of
execution, a criminal sentenced to criminal detention may go home for one to
two days each month; an appropriate remuneration may be given to those who
participate in labor.
Article 44 A term of
criminal detention shall be counted from the date the judgment begins to be
executed; if the criminal is held in custody before the execution of the
judgment, one day in custody shall be considered one day of the term
sentenced.
Section 4 Fixed-term
Imprisonment and Life Imprisonment
Article 45 A term of
fixed-term imprisonment shall be not less than six months but not more than 15
years, except as stipulated in Articles 50 and 69 of this Law.
Article 46 Any
criminal who is sentenced to fixed-term imprisonment or life imprisonment shall
serve his sentence in prison or another place for the execution. Anyone who is
able to work shall do so to accept education and reform through labor.
Article 47 A term of
fixed-term imprisonment shall be counted from the date the judgment begins to
be executed; if the criminal is held in custody before the execution of the
judgment, one day in custody shall be considered one day of the term
sentenced.
Section 5 The Death
Penalty
Article 48 The death
penalty shall only be applied to criminals who have committed extremely serious
crimes. If the immediate execution of a criminal punishable by death is not
deemed necessary, a two-year suspension of execution may be pronounced
simultaneously with the imposition of the death sentence.
All death sentences, except
for those that according to law should be decided by the Supreme People's
Court, shall be submitted to the Supreme People's Court for verification and
approval. Death sentences with a suspension of execution may be decided or
verified and approved by a Higher People's Court.
Article 49 The death
penalty shall not be imposed on persons who have not reached the age of 18 at
the time the crime is committed or on women who are pregnant at the time of
trial.
Article 50 Anyone who
is sentenced to death with a suspension of execution commits no intentional
crime during the period of suspension, his punishment shall be commuted to life
imprisonment upon the expiration of the two-year period; if he has truly
performed major meritorious service, his punishment shall be commuted to
fixed-term imprisonment of not less than 15 years but not more than 20 years
upon the expiration of the two-year period; if it is verified that he has
committed an intentional crime, the death penalty shall be executed upon
verification and approval of the Supreme People's Court.
Article 51 The term of
suspension of execution of a death penalty shall be counted from the date the
judgment becomes final. The term of a fixed-term imprisonment that is commuted
from a death penalty with suspension of execution shall be counted from the
date the suspension of execution expires.
Section 6 Fines
Article 52 The amount
of any fine imposed shall be determined according to the circumstances of the
crime.
Article 53 A fine may
be paid in a lump sum or in installments within the time limit specified in the
judgment. If a fine is not paid upon the expiration of that time limit, the
payment shall be compelled. If a person is not able to pay the fine in full,
the People's Court shall demand the payment whenever it finds the person has
property for execution of the fine. If a person has true difficulties in paying
because of an irresistible disaster, the fine may be reduced or remitted
according to the circumstances.
Section 7 Deprivation
of Political Rights
Article 54 Deprivation
of political rights refers to deprivation of the following rights:
(1) the right to vote
and to stand for election;
(2) the rights of
freedom of speech, of the press, of assembly, of association, of procession and
of demonstration;
(3) the right to hold
a position in a State organ; and
(4) the right to hold
a leading position in any State-owned company, enterprise, institution or
people's organization.
Article 55 A term of
deprivation of political rights shall be not less than one year but not more
than five years, except as stipulated in Article 57 of this Law.
Anyone who is sentenced to
public surveillance is deprived of political rights as a supplementary
punishment, the term of deprivation of political rights shall be the same as
the term of public surveillance, and the punishments shall be executed simultaneously.
Article 56 Anyone who
commits the crime of endangering national security shall be sentenced to
deprivation of political rights as a supplementary punishment; anyone who
commits the crime of seriously undermining public order by intentional homicide,
rape, arson, explosion, poisoning or robbery may be sentenced to deprivation of
political rights as a supplementary punishment.
Where deprivation of
political rights is imposed exclusively, the Specific Provisions of this Law
shall apply.
Article 57 Any
criminal who is sentenced to death or to life imprisonment shall be deprived of
his political rights for life.
When a death penalty with a
suspension of execution is commuted to a fixed-term imprisonment, or a life
imprisonment is commuted to a fixed-term imprisonment, the term of the
supplementary punishment of deprivation of political rights shall be changed to
not less than three years but not more than 10 years.
Article 58 A term of
deprivation of political rights as a supplementary punishment shall be counted
from the date on which imprisonment or criminal detention ends or from the date
on which parole begins. Deprivation of political rights shall, as a matter of
course, be in effect during the period in which the principal punishment is being
executed.
Any criminal who is
deprived of his political rights shall, during the period of execution, observe
laws, administrative rules and regulations and other regulations governing
supervision and control stipulated by the department of public security under
the State Council and submit to supervision; he shall not exercise any of the
rights listed in Article 54 of this Law.
Section 8 Confiscation
of Property
Article
59 Confiscation of property refers to the confiscation of part or all of
the property personally owned by a criminal. Where confiscation of all the
property of a criminal is imposed, the amount necessary for the daily expenses
of the criminal himself and the family members supported by him shall be taken
out.
When a sentence of confiscation
of property is imposed, property that the criminal's family members own or
should own shall not be subject to confiscation.
Article 60 Where it is
necessary to use part of the confiscated property to repay the legitimate debts
that the criminal incurred before his property is confiscated, the debts shall
be repaid at the request of the creditors.
Chapter IV The
Concrete Application of Punishments
Section
1 Sentencing
Article 61 When
sentencing a criminal, a punishment shall be meted out on the basis of the
facts, nature and circumstances of the crime, the degree of harm done to
society and the relevant provisions of this Law.
Article 62 In cases
where the circumstances of a crime call for a heavier or lighter punishment
under the provisions of this Law, the criminal shall be sentenced to a
punishment within the limits of the prescribed punishment.
Article 63 In cases
where the circumstances of a crime call for a mitigated punishment under the
provisions of this Law, the criminal shall be sentenced to a punishment less
than the prescribed punishment.
In cases where the
circumstances of a crime do not warrant a mitigated punishment under the
provisions of this Law, however, in the light of the special circumstances of
the case, and upon verification and approval of the Supreme People's Court, the
criminal may still be sentenced to a punishment less than the prescribed
punishment.
Article 64 All money
and property illegally obtained by a criminal shall be recovered, or
compensation shall be ordered; the lawful property of the victim shall be
returned without delay; and contrabands and possessions of the criminal that
are used in the commission of the crime shall be confiscated. All the
confiscated money and property and fines shall be turned over to the State
treasury, and no one may misappropriate or privately dispose of them.
Section
2 Recidivists
Article 65 If a
criminal commits another crime punishable by fixed-term imprisonment or heavier
penalty within five years after serving his sentence of not less than
fixed-term imprisonment or receiving a pardon, he is a recidivist and shall be
given a heavier punishment. However, this shall not apply to cases of negligent
crime.
For criminals who are
paroled, the period stipulated in the preceding paragraph shall be counted from
the date the parole expires.
Article 66 If a
criminal of endangering national security commits the same crime again at any
time after serving his sentence or receiving a pardon shall be dealt with as a
recidivist.
Section 3 Voluntary
Surrender and Meritorious Performance
Article 67 Voluntary
surrender refers to the act of voluntarily delivering oneself up to justice and
truthfully confessing one's crime after one has committed the crime. Any
criminal who voluntarily surrenders may be given a lighter or mitigated
punishment. The ones whose crimes are relatively minor may be exempted from
punishment.
If a criminal suspect or a
defendant under compulsory measures or a criminal serving a sentence truthfully
confesses his other crimes that the judicial organ does not know, his act shall
be regarded as voluntary surrender.
Article 68 Any
criminal who performs such meritorious services as exposing an offence
committed by another, which is verified through investigation, or producing important
clues for solving other cases may be given a lighter or mitigated punishment.
Any criminal who performs major meritorious services may be given a mitigated
punishment or be exempted from punishment.
Any criminal who not only
voluntarily surrenders after committing the crime but also performs major
meritorious services shall be given a mitigated punishment or be exempted from
punishment.
Section 4 Combined
Punishment for Several Crimes
Article 69 For a
criminal who commits several crimes before a judgment is pronounced, unless he
is sentenced to death or life imprisonment, his term of punishment shall be not
more than the total of the terms for all the crimes but not less than the
longest of the terms for the crimes, depending on the circumstances of the
crimes. However, the term of public surveillance may not exceed the maximum of
three years, the term of criminal detention may not exceed the maximum of one
year, and fixed-term imprisonment may not exceed the maximum of 20 years.
If among the crimes there
is any for which a supplementary punishment is imposed, the supplementary
punishment shall still be executed.
Article 70 If, after a
judgment has been pronounced but before the punishment has been completely
executed, it is discovered that before the judgment is pronounced the criminal
committed another crime for which he is not sentenced, a judgment shall also be
rendered for the newly discovered crime; the punishment to be executed shall be
determined on the basis of the punishments imposed in the earlier and latest
judgments and according to the provisions of Article 69 of this Law. Any
portion of the term that has already been served shall count towards fulfilment
of the term imposed by the latest judgment.
Article 71 If, after a
judgment has been pronounced but before the punishment has been completely
executed, the criminal again commits a crime, another judgment shall be
rendered for the newly committed crime; the punishment to be executed shall be
determined on the basis of the punishment that remains to be executed for the
earlier crime and the punishment imposed for the new crime and according to the
provisions of Article 69 of this Law.
Section 5 Suspension
of Sentence
Article 72 A
suspension of sentence may be granted to a criminal sentenced to criminal
detention or to fixed-term imprisonment of not more than three years if,
according to the circumstances of his crime and his demonstration of
repentance, it is certain that suspension of the sentence will not result in
further harm to society.
If a supplementary
punishment is imposed on a criminal whose sentence is suspended, the
supplementary punishment shall still be executed.
Article 73 The
probation period for suspension of criminal detention shall be not less than
the term originally decided but not more than one year, however, it may not be
less than two months.
The probation period for
suspension of fixed-term imprisonment shall be not less than the term
originally decided but not more than five years, however, it may not be less
than one year.
The probation period for
suspension of sentence shall be counted from the date the judgment is made
final.
Article 74 Suspension
of sentence shall not be applied to recidivists.
Article 75 A criminal
whose sentence is suspended shall observe the followings:
(1) to observe laws
and administrative rules and regulations, and submit to supervision;
(2) to report on his
own activities as required by the observing organ;
(3) to observe the
regulations for receiving visitors stipulated by the observing organ; and
(4) to report to
obtain approval from the observing organ for any departure from the city or
county he lives in or for any change in residence.
Article 76 Any
criminal whose sentence is suspended shall, during the probation period for
suspension of sentence, be subjected to observation by a public security organ
with the cooperation of the work unit to which he belongs or of a grass-roots
organization, and in the absence of the circumstances prescribed in Article 77
of this Law, the punishment originally decided shall cease to be executed upon
the expiration of the probation period for suspension of sentence, which shall
be made known publicly.
Article 77 If, during
the probation period for suspension of sentence, a criminal whose sentence is
suspended commits a crime again or it is discovered that before the judgment is
pronounced, he has committed another crime for which he is not sentenced, the
suspension shall be revoked and another judgment rendered for the newly
committed or discovered crime; the punishment to be executed shall be decided
on the basis of the punishments for the old crime and the new crime and
according to the provisions of Article 69 of this Law.
If, during the probation
period for suspension of sentence, a criminal whose sentence is suspended
violates laws, administrative rules and regulations or regulations relating to
supervision and control over suspension of sentence stipulated by the
department of public security under the State Council and if the circumstances
are serious, the suspension shall be revoked and the original punishment shall
be executed.
Section 6 Commutation
of Punishment
Article 78 The
punishment of a criminal sentenced to public surveillance, criminal detention,
fixed-term imprisonment or life imprisonment may be commuted if, while serving
his sentence, he conscientiously observes prison regulations, accepts education
and reform through labor and shows true repentance or performs meritorious
services; the punishment shall be commuted if a criminal performs any of the
following major meritorious services:
(1) preventing another
person from conducting major criminal activities;
(2) informing against
major criminal activities conducted inside or outside prison and verified
through investigation;
(3) having inventions
or important technical innovations to his credit;
(4) coming to the
rescue of another in everyday life and production at the risk of losing his own
life;
(5) performing
remarkable services in fighting against natural disasters or curbing major
accidents; or
(6) making other major
contributions to the country and society.
After commutation, the term
of punishment actually to be served by those sentenced to public surveillance,
criminal detention or fixed-term imprisonment may not be less than half of the
term originally decided; for those sentenced to life imprisonment, it may not
be less than 10 years.
Article 79 If
punishment to a criminal is to be commuted, the executing organ shall submit to
a People's Court at or above the intermediate level a written proposal for
commutation of punishment. The People's Court shall form a collegiate panel for
examination and, if the criminal is found to have shown true repentance or
performed meritorious services, issue an order of commutation. However, no
punishment shall be commuted without going through legal procedure.
Article 80 A term of
fixed-term imprisonment that is commuted from life imprisonment shall be
counted from the date the order of commutation is issued.
Section 7 Parole
Article 81 A criminal sentenced to fixed-term imprisonment who has served more than half of the term of the original sentence or a criminal sentenced to life imprisonment.
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