Criminal Law of the People's Republic of China----General Provisions (1997-03-14)

(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 China on March 14, 1997)

Contents

Part 1 General Provisions
Chapter I The Tasks, 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 Discontinuationof 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 4 Fixed-term Imprisonment and Life Imprisonment
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 Rendering Meritorious Service
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 2 Specific Provisions
Chapter I Crimes of Endangering the State Security
Chapter II Crimes of Endangering Public Security
Chapter III Crimes of Undermining the Socialist Market Economic Order
Section 1 Crimes of Production and Sale of Fake or SubstandardCommodities
Section 2 Crimes of Smuggling
Section 3 Crimes of Impairing Order of Administering upon Companiesand Enterprises
Section 4 Crimes of Undermining Order of Administering upon Banking
Section 5 Crimes of Financial Fraud
Section 6 Crimes of Endangering Taxes Collection and Administration
Section 7 Crimes of Infringing upon Intellectual Property Rights
Section 8 Crimes of Disturbing Market Order
Chapter IV Crimes of Infringing upon the Rights of the Person and theDemocratic Rights of Citizens
Chapter V Crimes of Property Violation
Chapter VI Crimes of Obstructing the Administration of Public Order
Section 1 Crimes of Disturbing Public Order
Section 2 Crimes of Impairing Judicial Activities
Section 3 Crimes of Impairing Regulations of National Boundary (Borderline)
Section 4 Crimes of Impairing Regulations of Cultural Relics
Section 5 Crimes of Endangering Public Health
Section 6 Crimes of Undermining Protection of Environmental Resource
Section 7 Crimes of Smuggling, Trafficking in, Transporting and Manufacturing Narcotic Drugs
Section 8 Crimes of Organizing, Forcing, Luring, Sheltering and Introducing Women into Prostitution
Section 9 Crimes of Manufacturing, Trafficking in and Disseminating Pornographic Articles
Chapter VII Crimes of Endangering Interests of National Defence
Chapter VIII Crimes of Embezzlement and Bribery
Chapter IX Crimes of Dereliction of DutyChapter X Crimes Contrary to Duties Committed by Servicemen Supplementary Provisions

Part 1 General Provisions
Chapter I The Tasks, Basic Principles and Scope of Application of the Criminal Law

Article 1 This Law is formulated with a view to punishing crimes and protecting the people, and in accordance with the Constitution, and in the light of the concrete experiences in fighting against crimes and the actual circumstances.

Article 2 The tasks of the Criminal Law of the People's Republic of China are to use criminal punishments to fight against all criminal acts in order to defend the security of the State; to defend the political power of the people's dictatorship and socialist system; to protect property owned by the State and the property collectively owned by the working people; to protect the citizens' privately owned property; to protect the citizens' rights of the person and their democratic and other rights; to maintain public order and economical order, and to safeguard the smooth progress of the cause of the socialist revolution and socialist construction.

Article 3 Where an act is expressly defined in laws as a criminal act, it shall be determined and punished as a criminal act in accordance with the law; where an act is not expressly defined in the laws as a criminal act, it shall not be determined and punished as a criminal act.

Article 4 Anyone who commit a crime shall be equal in applying the law. No one is privileged to be beyond the law.

Article 5 The lightness or heaviness of the punishments shall be in accordance with the criminal acts and the criminal responsibility of the criminals.

Article 6 This Law is applicable to anyone who commits a crime within the territory of the People's Republic of China, unless the case is covered by special legal provisions. This Law is also applicable to anyone who commits a crime on board a ship or an aircraft of the People's Republic of China. If the criminal act or its consequence takes place within the territory of the People's Republic of China, the crime shall be deemed to have been committed within the territory of the People's Republic of China.

Article 7 This Law is applicable to the citizens of the People's Republic of China who commit crimes prescribed in this Law outside the territory of the People's Republic of China; however, they may not be investigated if for those crimes this Law prescribes a maximum punishment of fixed-term imprisonment of not more than three years. This Law is applicable to state functionaries and servicemen of the People's Republic of China who commit crimes outside the territory of the People's Republic of China.

Article 8 This Law may be applicable to any foreigner who commits a crime outside the territory of the People's Republic of China, against the state of the People's Republic of China or against 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 law of the place where it was committed.

Article 9 This Law is applicable to the crimes prescribed in the international treaties concluded or acceded to by the People's Republic of China and over which the People's Republic of China has criminal jurisdiction within its obligation in accordance with the treaties.

Article 10 If any person commits a crime outside the territory of the People's Republic of China for which according to this Law he would bear criminal responsibility, he may still be dealt with 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 resolved through diplomatic channels.

Article 12 If an act committed after the founding of the People's Republic of China and before the entry into force of this Law was not deemed a crime under the laws in force at the time, those laws shall apply. If the act was deemed a crime under the laws in force at that time and is subject to prosecution under the provisions of Section 8, Chapter IV of the General Provisions of this Law, criminal responsibility shall be investigated according to those laws. However, if this Law does not deem it a crime or imposes a lighter punishment, this Law shall apply. The effective judgments made in accordance with the laws in force at that time before the entry into force of this Law, shall keep their effectiveness.
Chapter II Crimes
Section 1 Crimes and Criminal Responsibility

Article 13 A crime refers to an act that endangers the sovereignty and territorial integrity and security of the state; dismembers the state and subverts the political power of the people's dictatorship and overthrows the socialist system; disrupts social order and economic order; violates property owned by the state or collectively owned by the working people; violates the citizens' privately owned property or infringes upon the citizens' rights of the person and their democratic and other rights; and any other act that endangers society and is punishable according to law. However, an act that is clearly of minor importance and little harm shall not be considered a crime.

Article 14 An intentional crime refers to a crime committed by a person who clearly knows that his act will produce socially dangerous consequences but who wishes or allows such consequences to occur. Criminal responsibility shall be borne for intentional crimes.

Article 15 A negligent crime refers to a crime committed by a person who should have foreseen that his act would possibly produce socially dangerous consequences but who fails to do so through negligence or, having foreseen the consequences, readily believes that they can be avoided, the result being that these consequences do occur. Criminal responsibility shall be borne for negligent crimes only when the law so provides.

Article 16 If an act in fact results in harmful consequences due to unavoidable or unforeseeable causes rather than intent or negligence, it shall not be a crime.

Article 17 Any person who has reached the age of 16 and who commits a crime shall bear criminal responsibility. Any person who has reached the age of 14 but not the age of 16 and who commits homicide, intentionally injuring another person resulting in serious bodily injury or death, rape, robbery, selling narcotic drugs, arson, causing explosion, or spreading poisons, shall bear criminal responsibility. Any person who has reached the age of 14 but not the age of 18 and who commits a crime shall be given a lighter or mitigated punishment. If a person is not punished because he has not reached the age of 16, the head of his family or his guardian shall be ordered to discipline and educate him. When necessary, he may also be taken in by the government for reeducation.

Article 18 If a mental patient causes dangerous consequences at a time when he is unable to recognize or control his own conduct, and such a circumstance is confirmed by a forensic doctor, he shall not bear criminal responsibility, but his family members or guardian shall be ordered to keep him under strict surveillance and arrange for his medical treatment. When necessary, he may also be arranged for medical treatment under coercion by the government. 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. Any mental patient who does not lose completely the ability to recognize or control his own conduct and commits a crime shall bear criminal responsibility, but 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 Where a person conducts an act to stop an unlawful infringement in order to avert an immediate and unlawful infringement of the state's interest or of the public interest or of his own or another person's rights of the person, or property rights, or other rights, resulting in harm to the unlawful infringer, such an act shall be justifiable defence, and criminal responsibility shall not be borne for such an act. Criminal responsibility shall be borne if justifiable defence apparently exceeds the limits of necessity and causes serious harm; however, a mitigated punishment or exemption from punishment shall be given. Where a defence is conducted to an immediate violent crime of committing physical assault, committing homicide, robbery, rape, kidnapping, and other crimes seriously endangering the security of a person, and it causes bodily injury or death to the unlawful infringer, such an act shall not be defence that exceeds the limits of necessity, and criminal responsibility shall not be borne for such an act.

Article 21 Criminal responsibility shall not be borne for an act that a person is compelled to commit in an emergency to avert an immediate danger to the state's interest or the public interest or to his own or another person's rights of the person or property rights or other rights, and that causes harm. Criminal responsibility shall be borne if an act committed in an emergency to avert danger exceeds the limits of necessity and causes undue harm; however, a mitigated punishment or exemption from punishment shall be given. 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 specific 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 completed 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 begun 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 completed the crime, be given a lighter or mitigated punishment.

Article 24 Discontinuation of a crime refers to cases where, in the process of committing a crime, the offender voluntarily quits continuing the crime or voluntarily and effectively prevents the consequences of the crime from occurring. Where an offender who discontinues a crime and causes no harm, exempted from punishment shall be given; where an offender causes harm, a mitigated punishment shall be given.
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; 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 any relatively stable criminal organization which is composed of more than three persons for the purpose of committing a crime jointly. A ringleader who organizes and leads a criminal group shall be given a punishment according to all the crimes the group has committed. A principal criminal unless otherwise stipulated in the third paragraph shall be given a punishment according to all the crimes that he participates in or organizes or commands.

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 A person who is compelled to participate in a crime shall, according to the circumstances of his crime, be given a mitigated punishment or be exempted from punishment.

Article 29 A person who instigates others to commit a crime shall be punished according to the role he has played in the 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 A company, enterprise, institution, organ, or public organization that conducts an act harmful to society, where such an act is stipulated as a crime, shall bear criminal responsibility.

Article 31 A unit which commits a crime shall be punished with a fine, and the person(s) directly in charge and other person(s) directly involved in the crime shall be given a punishment. Where Specific Provisions of this Law or other laws stipulate otherwise, such stipulation shall be applied.
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) fines;
(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 has suffered economic losses as a result of a crime, the criminal shall, in addition to receiving a criminal sanction according to law, be sentenced to make compensation for the economic losses in the light of the circumstances. If a criminal who bears civil responsibility and is punished with a fine in the meantime, has no enough property to pay off, or is punished with confiscation of property, he shall first bear responsibility of civil compensation to the victim.

Article 37 If the circumstances of a person's crime are minor and do not require punishment, he may be exempted from criminal sanctions; however, he may, according to the different circumstances of each case, be reprimanded or ordered to make a statement of repentance, offer an apology, pay compensation for the losses or be subject to administrative punishment or administrative sanctions by the competent department.
Section 2 Public Surveillance(*1)

Article 38 The term of public surveillance shall not be less than three months and not more than two years. Where a criminal is sentenced to public surveillance, his sentence shall be executed by a public security organ.

Article 39 A criminal who is sentenced to public surveillance must observe the following rules during the term in which his sentence is being executed:
(1) observe laws and administrative regulations, submit to supervision;
(2) forbidden to exercise the rights of freedom of speech, of the press, of assembly, of association, of procession and of demonstration without approval of the public organ;
(3) report on his own activities according to the demand of the organ executing the public surveillance;
(4) observe the stipulation on meeting with guests by the organ executing the public surveillance; and
(5) report and obtain approval from the organ executing public surveillance for departure from the county or city where he lives or 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 unit or the masses of the place of his residence.

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, each day spent in custody shall be considered as two days of the term sentenced.
Section 3 Criminal Detention

Article 42 A term of criminal detention shall not be less than 1 months and not more than 6 months.

Article 43 Where a criminal is sentenced to criminal detention, his 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 labour.

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, each day in custody shall be considered as one day of the term sentenced.
Section 4 Fixed-Term Imprisonment and Life Imprisonment

Article 45 A term of fixed-term imprisonment, unless otherwise stipulated in Article 50 and Article 69, shall not be less than 6 months and not more than 15 years.

Article 46 A criminal sentenced to fixed-term imprisonment or life imprisonment shall serve his sentence in prison or another place for execution. Anyone who is able to work shall participate in labour, and accepts education and reform.

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, each day in custody shall be considered as 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 the most heinous 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 approval. Death sentences with a suspension of execution may be decided or approved by a higher people's court.

Article 49 The death penalty shall not be imposed on persons who had not reached the age of 18 at the time the crime was committed or to women who are pregnant at the time of trial.

Article 50 If a person sentenced to death with a suspension of execution does not commit an intentional crime during the period of suspension, his punishment shall be commuted to life imprisonment upon the expiration of that two-year period; if he performs great meritorious service, his punishment shall be commuted to fixed-term imprisonment of not less than 15 years and not more than 20 years upon the expiration of that two-year period; if it is verified that be has committed an intentional crime, the death penalty shall be executed upon the 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 of expiration of the term of suspension of execution of a death.
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 unable to pay all the fine, a people's court shall, when it finds that the person subjected to execution has any other property, pursue the payment at any time. If a person has true difficulties in paying because of an unavoidable 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 or enterprise, institution or people's organization.

Article 55 A term of deprivation of political rights shall not be less than one year and not more than five years, except as stipulated in Article 57 of this Law. If a person 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 Criminals who commit crimes of endangering the state security shall be sentenced to deprivation of political rights as a supplementary punishment; Criminals who commit crimes of intentional homicide, rape, arson, causing explosion, spreading poisons, robbery and other crimes which seriously undermine public order may also be sentenced to deprivation of political rights as a supplementary punishment. If deprivation of political rights is imposed independently, stipulation of the Specific Provisions of this Law shall be applied.

Article 57 Criminals who are sentenced to death or to life imprisonment shall be deprived of political rights for life. If 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 and not more than ten 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 of course be in effect during the period in which the principal punishment is being executed. Criminals who are sentenced to deprivation of political rights shall observe laws and administrative regulations and relevant stipulations on supervision and administration promulgated by the Department of Public Security under the State Council, submit to supervision; and shall not exercise the rights of freedom stipulated 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. When all of the property of a criminal is confiscated, necessaries of life for the criminal and his dependent family members shall be left 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 If it is necessary to use a confiscated property to repay legitimate debts that the criminal incurred before his property is confiscated, such debts shall be paid 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 imposed based on 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 a 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. Even if the circumstances of a crime do not warrant a mitigated punishment under the provisions of this Law, the criminal may, upon approval of the Supreme People's Court, be sentenced to a punishment less than the prescribed punishment according to the special particulars of the case.

Article 64 All property illegally obtained by a criminal shall be recovered, or compensation shall be ordered. Legal property of the victim shall be returned. Contrabands and possessions of the criminal that were used in the crime shall be confiscated. The property confiscated and fine shall be turned over to the State Treasury, and shall not be misappropriated or disposed without authorization.
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 A criminal who has committed a crime of endangering the state's security at any time after serving his sentence or receiving a pardon shall, if he commits another crime of endangering the state's security, be dealt with as a recidivist.
Section 3 Voluntary Surrender and Rendering Meritorious Service

Article 67 Voluntary Surrender refers to the case that anyone who voluntarily surrenders himself to a judicial organ after committing a crime, and truthfully confesses his crime. A criminal who conducts voluntary surrender may be given a lighter or mitigated punishment. Those whose crimes are relatively minor may be exempted from punishment. If a suspected criminal or defendant under compulsory measure or criminal who serves a sentence truthfully confesses his other crimes that is unknown to a judicial organ, he shall be dealt with as voluntary surrender.

Article 68 A criminal who is verified that he discloses another person's crime, or provides key clues that lead to solve another case or renders other meritorious service may be given a lighter or mitigated punishment. Those who renders great meritorious service may be given a mitigated punishment or be exempted from punishment. Those who not only conducts voluntary surrender but also renders great meritorious service shall be given a lighter 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 decided in such a way that it may not exceed the total of the terms for all the crimes and must be longer than the maximum term for any one of the crimes, depending on the circumstances of each case. However, the term of public surveillance may not exceed three years, the term of criminal detention may not exceed one year, and fixed-term imprisonment may not exceed twenty years. If among the crimes there are any for which a supplementary punishment is imposed, the supplementary punishment must 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 was pronounced the criminal committed another crime for which he was 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 former and latter 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 decided on the basis of the punishment that remains to be executed for the former crime and the punishment imposed for the latter 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, suspension of the sentence will not result in further harm to society. If a supplementary punishment has been imposed on a criminal whose sentence has been suspended, the supplementary punishment must still be executed.

Article 73 The probation period for suspension of criminal detention shall be not less than the term originally decided and not more than one year, but 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 and not more than five years, but 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 has been suspended shall observe following provisions:
(1) observe laws and administrative regulations, submit to supervision;
(2) report his own activities according to observing organs' stipulations;
(3) observe observing organs' stipulations on meeting with guests; and
(4) report and obtain approval from observing organs for any departure from the city or county where he lives or change in residence.

Article 76 A criminal whose sentence has been suspended shall, during the probation period for suspension, observed by the public security organ, and the unit to which he belongs or a basic-level organization shall take concerted action. If the cases stipulated in Article 77 of this Law do not occur, the punishment originally decided shall not be executed upon the expiration of the probation period for suspension, and such a fact shall be declared in public.

Article 77 During the probation period for suspension, if a criminal whose sentence has been suspended commits further crime or, is found that he committed another crime for which he was not sentenced, the suspension shall be revoked and a judgment shall also be rendered for the newly committed crime or newly discovered crime, and the punishment to be executed shall be decided on the basis of the punishment for the former and latter crimes and according to the provisions of Article 69 of this Law. A criminal whose sentence has been suspended shall, if he violates a law or a regulation or relevant provisions concerning supervision and administration on suspension promulgated by the Department of Public Security under the State Council during the probation period for suspension, and the circumstance of such violation is severe, suspension shall be revoked and punishment originally decided shall be executed.
Section 6 Commutation of Punishment

Article 78 A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his punishment commuted if he observes the rules of prison conscientiously, accepts education and reform, and shows true repentance or performs meritorious service while serving his sentence. Those who perform any of following great meritorious service shall have punishment commuted:
(1) prevent other persons from committing serious crimes;
(2) bring accusations with respect to the serious crimes within or outside the prison, and such accusation is verified;
(3) conduct invention, creation or great technical innovation;
(4) risk life to save others in routine production and life;
(5) make outstanding performance in resisting natural disaster or in removing serious accident; or
(6) provide other great contributions to the state 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 ten years.

Article 79 Commutation of punishment of a criminal shall be put forward in the form of the proposal document concerning commutation of punishment by the executing organ towards an intermediate people's court or a people's court at higher level. The people's courts shall form a collegial panel to hold a trial, and decide commutation of punishment for those who show true repentance or have fact of performing meritorious service. No commutation shall be decided unless by a legal procedure.

Article 80 A term of fixed-term imprisonment that is commuted from a life imprisonment shall be counted from the date the order of commutation is issued.
Section 7 Parole

Article 81 Criminals sentenced to fixed-term imprisonment who have served more than half of the term of their original sentence or criminals sentenced to life imprisonment who have served not less than ten years of their term may be granted parole if they observe rules of prison conscientiously, accept education and reform, and show true repentance, and will no longer cause harm to society after parole. If special circumstances exist, and upon approval of the Supreme People's Court, the above restrictions relating to the term served may be disregarded. Recidivists and criminals sentenced to fixed-term imprisonment of more than ten years or life imprisonment for violent crimes such as committing homicide, causing explosion, robbery, rape and kidnapping shall not be granted parole.

Article 82 Parole of a criminal shall be decided according to the procedure stipulated in Article 79 of this Law. No parole shall be granted unless by a legal procedure.

Article 83 The probation period for parole in the case of a fixed-term imprisonment shall be equal to the portion of the term that has not been completed; the probation period for parole in the case of life imprisonment shall be ten years. The probation period for parole shall be counted from the date the criminal is released on parole.

Article 84 A criminal who is granted parole shall observe following provisions:
(1) observe laws and administrative regulations, submit to supervision;
(2) report his own activities according to the stipulations of the supervising organs;
(3) observe the stipulations of meeting with guests promulgated by the supervising organs; and
(4) report and obtain approval from the supervising organs for any departure from the city or county where he lives or change in residence.

Article 85 A criminal who is granted parole shall be subject to supervision by a public security organ during the probation period for parole. If the circumstance stipulated in Article 86 of this Law does not occur, the punishment to which he was originally sentenced shall be considered to have been completely executed upon the expiration of the probation period for parole; and such a fact shall be declared in public.

Article 86 If a criminal who is granted parole does commit further crime during the probation period for parole, the parole shall be revoked and combined punishment for several crimes shall be decided according to Article 71 of this Law. During the probation period for parole, if a criminal who is granted parole is found that before the judgment was announced he committed another crime for which he was not sentenced, parole shall be revoked and combined punishment for several crimes shall be decided according to Article 70 of this Law. A criminal who is granted parole shall, if he violates a law or an administrative regulation, or a stipulation on supervision and administration concerning parole promulgated by the Department of Public Security under the State Council during the probation period for parole, and such an act does not constitute a further crime, parole shall be revoked according to the legal procedure, and the criminal shall be sent to prison for the execution of the unexecuted punishment.
Section 8 Limitation

Article 87 Crimes shall not be prosecuted if the following periods have elapsed:
(1) five years, when the maximum prescribed punishment is fixed-term imprisonment of less than five years;
(2) ten years, when the maximum prescribed punishment is fixed-term imprisonment of not less than five years but less than ten years;
(3) fifteen years, when the maximum prescribed punishment is fixed-term imprisonment of not less than ten years; and
(4) twenty years, when the maximum prescribed punishment is life imprisonment or death. If after twenty years it is considered that a crime must be prosecuted, the matter must be submitted to the Supreme People's Procuratorate for approval.

Article 88 No limitation on the period for prosecution shall be imposed with respect to criminals who escape from investigation or trial after a people's procuratorate or public security organ or state security organ places the case on file and conducts investigation, or a people's court handles the case. No limitation on the period for prosecution shall be imposed if a victim puts forward accusation during a limitation period for prosecution, and a people's court or people's procuratorate or public security organ shall place the case on file but fails to do so.

Article 89 The limitation period for prosecution shall be counted from the date of the crime; if the criminal act is of a continual or continuous nature, it shall be counted from the date the criminal act is terminated. If further crime is committed during a limitation period for prosecution, the limitation period for prosecution of the former crime shall be counted from the date the latter crime is committed.
Chapter V Other Provisions

Article 90 Where the provisions of this Law cannot be completely applied in national autonomous areas, the people's congresses of those autonomous regions or the provinces concerned may formulate adoptive or supplementary provisions based on the political, economic and cultural characteristics of the local nationalities and the basic principles stipulated in this Law, and these provisions shall go into effect after they have been submitted to and approved by the Standing Committee of the National People's Congress.

Article 91 "Public property" as mentioned in this Law refers to the following:
(1) property owned by the state;
(2) property owned collectively by working people; and
(3) property by social donation and property as specific-purpose fund all of which are used for helping the poor or for other causes of public welfare. Private property that is being managed, used or transported by the state organs, state-owned companies or enterprises, collective-owned enterprises and people's organizations shall be treated as public property.

Article 92 "Citizens' privately owned property" as mentioned in this Law refers to the following:
(1) citizens' lawfully earned income, savings, houses and other means of livelihood;
(2) any means of production that are under individual or family ownership according to law;
(3) legal property owned by individual household and private enterprises; and
(4) shares, stocks, bonds and other property owned by individuals according to law.

Article 93 "State functionaries" as mentioned in this Law refers to personnel of state organs who are engaged in public service according to law. Personnel of state-owned companies or enterprises or institutions and people's organizations who are engaged in public service and personnel who are appointed and sent by state organs, state-owned companies or enterprises or institutions to non-state-owned companies or enterprises or institutions or mass organizations to carry out public service, and other personnel who are engaged in public service according to law, shall be treated as state functionaries.

Article 94 "Judicial functionaries" as mentioned in this Law refers to staff who have the functions of investigation, prosecution, adjudication and supervision and management.

Article 95 "Serious injuries" as mentioned in this Law refers to any of the following:
(1) injuries resulting in loss of a person's use of a limb or in disfigurement;
(2) injuries resulting in loss of a person's hearing, sight or the function of any other organ; and
(3) other injuries that cause grave harm to a person's physical health.

Article 96 "To violate the state stipulations" as mentioned in this Law refers to violation of laws and decisions enacted by the National People's Congress and its Standing Committee, and of administrative regulations enacted by the State Council or administrative measures adopted by the State Council or decisions and orders issued by the State Council.

Article 97 "Ringleader" as mentioned in this Law refers to any criminal who has the role of organizing, planning or directing a criminal group or a crowd assembled to commit a crime.

Article 98 "To be handled only upon complaint" as mentioned in this Law means that a case shall only be handled if the victim brings a complaint. If the victim is unable to bring a complaint because of coercion or intimidation, a people's procuratorate or a close relative of the victim may bring his complaint.

Article 99 "Not less than", "not more than" and "within" as mentioned in this Law all include the given figure.

Article 100 Any person who was given a criminal punishment shall, when joining the army or getting a job, report truthfully that he was ever given a criminal punishment to relevant units, and shall not conceal the fact.

Article 101 The General Provisions of this Law are applicable to other laws with provisions for criminal punishments, unless otherwise provided in other laws.

 

(Source: policy.mofcom.gov.cn)