Order of the President of the People's Republic of China
No. 41
No. 41
The Amendment Ⅷ to the Criminal Law of the People's Republic of China, adopted at the 19th session of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on February 25, 2011, is hereby promulgated and shall come into effect on May 1, 2011.
President of the People's Republic of China Hu Jintao
February 25, 2011
February 25, 2011
中華人民共和國主席令
第四十一號
《中華人民共和國刑法修正案（八）》已由中華人民共和國第十一屆全國人民代表大會常務委員會第十九次會議于2011年2月25日通過，現予公布，自2011年5月1日起施行。
中華人民共和國主席 胡錦濤
2011年2月25日
2011年2月25日
Amendment Ⅷ to the Criminal Law of the People's Republic of China
中華人民共和國刑法修正案（八）
1. One article is added after Article 17 as Article 17(a), which read: "A person who has reached the age of 75 may be subject to lesser or mitigated punishments against intentional crimes committed, and shall be given lesser or mitigated punishments against negligent crimes."
一、在刑法第十七條后增加一條,作為第十七條之一:“已滿七十五周歲的人故意犯罪的,可以從輕或者減輕處罰;過失犯罪的,應當從輕或者減輕處罰。”
2. One paragraph is added as Paragraph 2 of Article 38, which reads: "Where a criminal is sentenced to public surveillance, he/she may also be prohibited, during the term of public surveillance, from engaging in certain activities, entering certain regions or premises, or meeting with certain persons, depending on the circumstance of crimes committed. "
The original Paragraph 2 is amended to be Paragraph 3, which reads: "Community correction shall apply, in accordance with the law, to a criminal sentenced to public surveillance."
One paragraph is added as Paragraph 4, which reads: "A criminal in violation of the prohibition order stipulated in Paragraph 2 shall be punished by the relevant public security organ in accordance with the Law of the People's Republic of China on Public Security Administration Punishments."
The original Paragraph 2 is amended to be Paragraph 3, which reads: "Community correction shall apply, in accordance with the law, to a criminal sentenced to public surveillance."
One paragraph is added as Paragraph 4, which reads: "A criminal in violation of the prohibition order stipulated in Paragraph 2 shall be punished by the relevant public security organ in accordance with the Law of the People's Republic of China on Public Security Administration Punishments."
二、在刑法第三十八條中增加一款作為第二款:“判處管制,可以根據犯罪情況,同時禁止犯罪分子在執行期間從事特定活動,進入特定區域、場所,接觸特定的人。”
原第二款作為第三款,修改為:“對判處管制的犯罪分子,依法實行社區矯正。”
增加一款作為第四款:“違反第二款規定的禁止令的,由公安機關依照《中華人民共和國治安管理處罰法》的規定處罰。”
3. One paragraph is added as Paragraph 2 of Article 49, which reads: "Death penalty shall not apply to a person who has attained the age of 75 at the time of trial, except where the person has caused the death of others by especially cruel means."
三、在刑法第四十九條中增加一款作為第二款:“審判的時候已滿七十五周歲的人,不適用死刑,但以特別殘忍手段致人死亡的除外。”
4. Article 50 of the Criminal Law is amended to read: "Where a criminal sentenced to death penalty with probation commits no intentional crime within the period of probation, his/her sentence shall be commuted to life imprisonment upon the expiration of the two-year probation. If he/she has indeed rendered major meritorious service, his/her sentence shall be commuted to fixed-term imprisonment of 25 years upon the expiration of the two-year probation. If it is verified that he/she has committed an intentional crime, the death penalty shall be executed upon verification and approval of the Supreme People's Court.
"With regard to a recidivist sentenced to death penalty with probation and a criminal so sentenced for committing intentional homicide, rape, robbery, kidnapping, arson, explosion, spreading hazardous materials, or organized violent crimes, a people's court may impose restrictions on commutation depending on the circumstance of the crimes."
"With regard to a recidivist sentenced to death penalty with probation and a criminal so sentenced for committing intentional homicide, rape, robbery, kidnapping, arson, explosion, spreading hazardous materials, or organized violent crimes, a people's court may impose restrictions on commutation depending on the circumstance of the crimes."
四、將刑法第五十條修改為:“判處死刑緩期執行的,在死刑緩期執行期間,如果沒有故意犯罪,二年期滿以后,減為無期徒刑;如果確有重大立功表現,二年期滿以后,減為二十五年有期徒刑;如果故意犯罪,查證屬實的,由最高人民法院核準,執行死刑。
“對被判處死刑緩期執行的累犯以及因故意殺人、強奸、搶劫、綁架、放火、爆炸、投放危險物質或者有組織的暴力性犯罪被判處死刑緩期執行的犯罪分子,人民法院根據犯罪情節等情況可以同時決定對其限制減刑。”
5. Paragraph 1 of Article 63 of the Criminal Law is amended to read: "If the circumstances of a crime call for a mitigated punishment in accordance herewith, the criminal shall be sentenced to a punishment less than the prescribed punishment. If there are several scales of prescribed punishments hereunder, the criminal shall be sentenced to the punishment less than the lowest scale of prescribed punishment. "
五、將刑法第六十三條第一款修改為:“犯罪分子具有本法規定的減輕處罰情節的,應當在法定刑以下判處刑罰;本法規定有數個量刑幅度的,應當在法定量刑幅度的下一個量刑幅度內判處刑罰。”
6. Paragraph 1 of Article 65 of the Criminal Law is amended to read: "If a criminal who is sentenced to fixed-term imprisonment or heavier punishments commits another crime punishable by fixed-term imprisonment or heavier punishments within five years after serving his/her sentence or receiving a pardon, he/she is a recidivist and shall be subject to a heavier punishment, with the exception of negligent crimes and crimes committed by a criminal under the age of 18."
六、將刑法第六十五條第一款修改為:“被判處有期徒刑以上刑罰的犯罪分子,刑罰執行完畢或者赦免以后,在五年以內再犯應當判處有期徒刑以上刑罰之罪的,是累犯,應當從重處罰,但是過失犯罪和不滿十八周歲的人犯罪的除外。”
7. Article 66 of the Criminal Law is amended to read: "A criminal who endangers State security, commits terrorist activities, engages in organized crimes committed by a group with the nature of criminal syndicate shall be treated and sentenced as a recidivist if he/she commits a crime under any of the abovementioned category at any time after serving his/her sentence or receiving a pardon."
七、將刑法第六十六條修改為:“危害國家安全犯罪、恐怖活動犯罪、黑社會性質的組織犯罪的犯罪分子,在刑罰執行完畢或者赦免以后,在任何時候再犯上述任一類罪的,都以累犯論處。”
8. One paragraph is added as Paragraph 3 of Article 67, which reads: "Notwithstanding the fact voluntary surrender as prescribed in the preceding two paragraphs does not apply to a criminal suspect, he/she may still be given a lesser punishment if he/she confesses his/her crime truthfully. In addition, the criminal suspect may be given a mitigated punishment if his/her truthful confession has prevented especially serious consequences from occurring."
八、在刑法第六十七條中增加一款作為第三款:“犯罪嫌疑人雖不具有前兩款規定的自首情節,但是如實供述自己罪行的,可以從輕處罰;因其如實供述自己罪行,避免特別嚴重后果發生的,可以減輕處罰。”
9. Paragraph 2 of Article 68 of the Criminal Law is deleted.
九、刪去刑法第六十八條第二款。
10. Article 69 of the Criminal Law is amended to read: "If a person commits several crimes before a judgment is pronounced, his/her term of punishment shall, as the case may be, be decided in such a way that it is not longer than the total of the terms for all the crimes and is not shorter than the longest of all the terms for the crimes, unless he is sentenced to death penalty or life imprisonment. However, the term of public surveillance may not exceed three years, that of criminal detention may not exceed one year, and fixed-term imprisonment may not exceed 20 years if the total of all terms is less than 35 years, and may not exceed 25 years if the total is more than 35 years."
"If supplementary punishments are imposed on any of the several crimes, the supplementary punishments shall still be executed, among which those of the same category shall be executed concurrently, and those of different categories shall be executed separately."
"If supplementary punishments are imposed on any of the several crimes, the supplementary punishments shall still be executed, among which those of the same category shall be executed concurrently, and those of different categories shall be executed separately."
十、將刑法第六十九條修改為:“判決宣告以前一人犯數罪的,除判處死刑和無期徒刑的以外,應當在總和刑期以下、數刑中最高刑期以上,酌情決定執行的刑期,但是管制最高不能超過三年,拘役最高不能超過一年,有期徒刑總和刑期不滿三十五年的,最高不能超過二十年,總和刑期在三十五年以上的,最高不能超過二十五年。
“數罪中有判處附加刑的,附加刑仍須執行,其中附加刑種類相同的,合并執行,種類不同的,分別執行。”
11. Article 72 of the Criminal Law is amended to read: "A suspension of sentence may be granted to a criminal who is sentenced to criminal detention or fixed-term imprisonment of not more than three years and satisfy the following conditions; and a suspension of sentence shall be granted if the said criminal is under the age of 18, a woman who is pregnant or a person who has attained the age of 75:
"(1) The circumstances of the crime are relatively minor;
"(2) The criminal has demonstrated repentance;
"(3) The criminal will not commit any crime again; and
"(4) Granting suspension of sentence will not result in significant adverse impact on the community of his/her residence.
"Where a criminal is granted with suspension of sentence, he/she may also be prohibited from engaging in certain activities, entering certain regions or premises, or meeting with certain persons during the probation period depending on the circumstances of the crime."
"Supplementary punishments, if any, imposed on a criminal granted with suspension of sentence shall still be executed."
"(1) The circumstances of the crime are relatively minor;
"(2) The criminal has demonstrated repentance;
"(3) The criminal will not commit any crime again; and
"(4) Granting suspension of sentence will not result in significant adverse impact on the community of his/her residence.
"Where a criminal is granted with suspension of sentence, he/she may also be prohibited from engaging in certain activities, entering certain regions or premises, or meeting with certain persons during the probation period depending on the circumstances of the crime."
"Supplementary punishments, if any, imposed on a criminal granted with suspension of sentence shall still be executed."
十一、將刑法第七十二條修改為:“對于被判處拘役、三年以下有期徒刑的犯罪分子,同時符合下列條件的,可以宣告緩刑,對其中不滿十八周歲的人、懷孕的婦女和已滿七十五周歲的人,應當宣告緩刑:
“(一)犯罪情節較輕;
“(二)有悔罪表現;
“(三)沒有再犯罪的危險;
“(四)宣告緩刑對所居住社區沒有重大不良影響。
“宣告緩刑,可以根據犯罪情況,同時禁止犯罪分子在緩刑考驗期限內從事特定活動,進入特定區域、場所,接觸特定的人。
“被宣告緩刑的犯罪分子,如果被判處附加刑,附加刑仍須執行。”
12. Article 74 of the Criminal Law is amended to read: "Suspension of sentence shall not apply to recidivists and ringleaders of criminal groups."
十二、將刑法第七十四條修改為:“對于累犯和犯罪集團的首要分子,不適用緩刑。”
13. Article 76 of the Criminal Law is amended to read: "A criminal granted with suspension of sentence shall be subject to community correction in accordance with the law within the probation period. In the absence of the circumstances stipulated in Article 77 herein, the punishment originally meted out against the criminal shall not be executed upon expiration of the probation period, which shall be made public."
十三、將刑法第七十六條修改為:“對宣告緩刑的犯罪分子,在緩刑考驗期限內,依法實行社區矯正,如果沒有本法第七十七條規定的情形,緩刑考驗期滿,原判的刑罰就不再執行,并公開予以宣告。”
14. Paragraph 2 of Article 77 of the Criminal Law is amended to read: "If, within the probation period for suspension of sentence, a criminal whose sentence has been suspended violates laws, administrative regulations or provisions of relevant departments of the State Council on supervision and administration of suspension of sentence, or violates the prohibition order rendered in the judgment of the people's court, and the circumstance of the violation is grave, the suspension shall be cancelled and the punishments originally meted out shall be executed. "
十四、將刑法第七十七條第二款修改為:“被宣告緩刑的犯罪分子,在緩刑考驗期限內,違反法律、行政法規或者國務院有關部門關于緩刑的監督管理規定,或者違反人民法院判決中的禁止令,情節嚴重的,應當撤銷緩刑,執行原判刑罰。”
15. Paragraph 2 of Article 78 of the Criminal Law is amended to read: "After commutation, the term of punishment to be actually executed may not be less than:
"(1) Half of the term of punishment originally decided in the case of public surveillance, criminal detention or fixed-term imprisonment;
"(2) 13 years in the case of life imprisonment; and
"(3) 25 years, applicable where the criminal is sentenced to death penalty with probation and is restricted for commutation by the people's court in accordance with Paragraph 2 of Article 50 herein, and he/she is commuted to life imprisonment upon expiration of the probation period; or 20 years if he/she is commuted to fixed-term imprisonment of 25 years upon expiration of the probation period."
"(1) Half of the term of punishment originally decided in the case of public surveillance, criminal detention or fixed-term imprisonment;
"(2) 13 years in the case of life imprisonment; and
"(3) 25 years, applicable where the criminal is sentenced to death penalty with probation and is restricted for commutation by the people's court in accordance with Paragraph 2 of Article 50 herein, and he/she is commuted to life imprisonment upon expiration of the probation period; or 20 years if he/she is commuted to fixed-term imprisonment of 25 years upon expiration of the probation period."
十五、將刑法第七十八條第二款修改為:“減刑以后實際執行的刑期不能少于下列期限:
“(一)判處管制、拘役、有期徒刑的,不能少于原判刑期的二分之一;
“(二)判處無期徒刑的,不能少于十三年;
“(三)人民法院依照本法第五十條第二款規定限制減刑的死刑緩期執行的犯罪分子,緩期執行期滿后依法減為無期徒刑的,不能少于二十五年,緩期執行期滿后依法減為二十五年有期徒刑的,不能少于二十年。”
16. Article 81 of the Criminal Law is amended to read: "Parole may be granted to a criminal sentenced to fixed-term imprisonment who has served more than half of the term of his/her original sentence, or a criminal sentenced to life imprisonment who has served not less than 13 years of his/her term, provided that he/she observes prison rules, accepts education and reform, shows true repentance and will not commit any new crime. Under special circumstances and with verification and approval of the Supreme People's Court, the above restrictions relating to the term served may be disregarded.
"Recidivists and criminals who are sentenced to fixed-term imprisonment of more than ten years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, spreading hazardous materials or organized violent crimes may not be granted parole."
"The decision on granting parole to a criminal shall take into consideration the impact on the community of his/her residence after he/she is granted with parole."
"Recidivists and criminals who are sentenced to fixed-term imprisonment of more than ten years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, spreading hazardous materials or organized violent crimes may not be granted parole."
"The decision on granting parole to a criminal shall take into consideration the impact on the community of his/her residence after he/she is granted with parole."
十六、將刑法第八十一條修改為:“被判處有期徒刑的犯罪分子,執行原判刑期二分之一以上,被判處無期徒刑的犯罪分子,實際執行十三年以上,如果認真遵守監規,接受教育改造,確有悔改表現,沒有再犯罪的危險的,可以假釋。如果有特殊情況,經最高人民法院核準,可以不受上述執行刑期的限制。
“對累犯以及因故意殺人、強奸、搶劫、綁架、放火、爆炸、投放危險物質或者有組織的暴力性犯罪被判處十年以上有期徒刑、無期徒刑的犯罪分子,不得假釋。
“對犯罪分子決定假釋時,應當考慮其假釋后對所居住社區的影響。”
17. Article 85 of the Criminal Law is amended to read: "A criminal who is granted with parole shall be subject to community correction in accordance with the law within the probation period for parole. In the absence of the circumstances stipulated in Article 86 herein, the punishment originally meted out against the criminal shall not be executed upon expiration of the probation period for parole, which shall be made public. "
十七、將刑法第八十五條修改為:“對假釋的犯罪分子,在假釋考驗期限內,依法實行社區矯正,如果沒有本法第八十六條規定的情形,假釋考驗期滿,就認為原判刑罰已經執行完畢,并公開予以宣告。”
18. Paragraph 3 of Article 86 of the Criminal Law is amended to read: "If, within the probation period for parole, a criminal who is granted parole violates the laws, administrative regulations or provisions of relevant departments of the State Council on supervision and administration of parole, and the said violation does not constitute a new crime, the parole shall be cancelled according to the statutory procedures and the criminal shall be summoned to prison to serve the unexecuted punishments. "
十八、將刑法第八十六條第三款修改為:“被假釋的犯罪分子,在假釋考驗期限內,有違反法律、行政法規或者國務院有關部門關于假釋的監督管理規定的行為,尚未構成新的犯罪的,應當依照法定程序撤銷假釋,收監執行未執行完畢的刑罰。”
19. One paragraph is added to Article 100 as Paragraph 2 thereof: "A person who has not attained the age of 18 at the time of committing and is sentenced to fixed-term imprisonment of not more than five years shall be exempted from the reporting obligation prescribed in the preceding paragraph."
十九、在刑法第一百條中增加一款作為第二款:“犯罪的時候不滿十八周歲被判處五年有期徒刑以下刑罰的人,免除前款規定的報告義務。”
20. Article 107 of the Criminal Law is amended to as: "If an agency, organization or individual within or outside the territory of China provides funding to a crime under Article 102, Article 103, Article 104 or Article 105 of this Chapter, the person subject to direct liabilities shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than five years."
二十、將刑法第一百零七條修改為:“境內外機構、組織或者個人資助實施本章第一百零二條、第一百零三條、第一百零四條、第一百零五條規定之罪的,對直接責任人員,處五年以下有期徒刑、拘役、管制或者剝奪政治權利;情節嚴重的,處五年以上有期徒刑。”
21. Article 109 of the Criminal Law is amended to read: "A State functionary who, while discharging his/her official duties at home or abroad, leaves his/her post without permission and defects to another country, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years."
"A State functionary who holds State secrets shall be sentenced to heavier punishments in accordance with the provisions of the preceding Paragraph if he/she commits the crime prescribed in the preceding Paragraph."
"A State functionary who holds State secrets shall be sentenced to heavier punishments in accordance with the provisions of the preceding Paragraph if he/she commits the crime prescribed in the preceding Paragraph."
二十一、將刑法第一百零九條修改為:“國家機關工作人員在履行公務期間,擅離崗位,叛逃境外或者在境外叛逃的,處五年以下有期徒刑、拘役、管制或者剝奪政治權利;情節嚴重的,處五年以上十年以下有期徒刑。
“掌握國家秘密的國家工作人員叛逃境外或者在境外叛逃的,依照前款的規定從重處罰。”
22. One article is added after Article 133 of the Criminal Law as Article 133(a), which reads: "A person who chases with other automobiles when driving on the road or commits drunk-driving shall be sentenced to criminal detention and be concurrently given a fine, provided that the circumstances are grave."
"A person who commits any of the acts under the preceding Paragraph, thus constituting any other crime, shall be convicted of and punished by the crime carrying a heavier punishment."
"A person who commits any of the acts under the preceding Paragraph, thus constituting any other crime, shall be convicted of and punished by the crime carrying a heavier punishment."
二十二、在刑法第一百三十三條后增加一條,作為第一百三十三條之一:“在道路上駕駛機動車追逐競駛,情節惡劣的,或者在道路上醉酒駕駛機動車的,處拘役,并處罰金。
“有前款行為,同時構成其他犯罪的,依照處罰較重的規定定罪處罰。”
23. Paragraph 1 of Article 141 of the Criminal Law is amended to read: "Whoever manufactures or sells fake drugs shall be sentenced to fixed-term imprisonment of not more three years or criminal detention and be concurrently given a fine. Where serious harm to human health is caused or there are other grave circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and be concurrently given a fine. If death is caused to another person or there are other especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death penalty and be concurrently subject to a fine or confiscation of property."
二十三、將刑法第一百四十一條第一款修改為:“生產、銷售假藥的,處三年以下有期徒刑或者拘役,并處罰金;對人體健康造成嚴重危害或者有其他嚴重情節的,處三年以上十年以下有期徒刑,并處罰金;致人死亡或者有其他特別嚴重情節的,處十年以上有期徒刑、無期徒刑或者死刑,并處罰金或者沒收財產。”
24. Article 143 of the Criminal Law is amended to read: "Whoever produces or sells food not up to food safety standards, thus sufficient to cause serious food-poisoning accidents or any other serious disease caused by food-borne bacteria, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and be concurrently given a fine. If serious harm to human health is caused or there are other grave circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be concurrently given a fine. In the case of especially serious consequences, he/she shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and be concurrently subject to a fine or confiscation of property. "
二十四、將刑法第一百四十三條修改為:“生產、銷售不符合食品安全標準的食品,足以造成嚴重食物中毒事故或者其他嚴重食源性疾病的,處三年以下有期徒刑或者拘役,并處罰金;對人體健康造成嚴重危害或者有其他嚴重情節的,處三年以上七年以下有期徒刑,并處罰金;后果特別嚴重的,處七年以上有期徒刑或者無期徒刑,并處罰金或者沒收財產。”
25. Article 144 of the Criminal Law is amended to read: "Whoever mixes the food to be produced or sold with toxic or harmful non-food raw materials, or knowingly sells food mixed with toxic or harmful non-food materials, shall be sentenced to fixed-term imprisonment of not more than five years and be concurrently given a fine. If serious harm to human health is caused or there are other grave circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and be concurrently given a fine. If death is caused to another person or there are other especially serious circumstances, he/she shall be sentenced in accordance with Article 141 herein. "
二十五、將刑法第一百四十四條修改為:“在生產、銷售的食品中摻入有毒、有害的非食品原料的,或者銷售明知摻有有毒、有害的非食品原料的食品的,處五年以下有期徒刑,并處罰金;對人體健康造成嚴重危害或者有其他嚴重情節的,處五年以上十年以下有期徒刑,并處罰金;致人死亡或者有其他特別嚴重情節的,依照本法第一百四十一條的規定處罰。”
26. Article 151 of the Criminal Law is amended to read: "Whoever smuggles weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years and shall concurrently be subject to a fine or confiscation of property. In the case of especially serious circumstances, he/she shall be sentenced to life imprisonment or death penalty and be concurrently subject to confiscation of property. If the circumstances are relatively minor, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and be concurrently subject to a fine.
"Whoever smuggles cultural relics, gold, silver and other precious metals, the export of which is forbidden by the State, or precious and rare species of wildlife as well as the products thereof, the import and export of which are forbidden by the State, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall be concurrently fined. In the case of especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life-imprisonment and shall concurrently be subject to confiscation of property. If the circumstances are relatively minor, he/she shall be sentenced to fixed-term imprisonment of not more than five years and be concurrently subject to a fine.
"Whoever smuggles precious and rare species of plants and the products thereof, and other goods and articles, the import and export of which are forbidden by the State, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and be concurrently or separately subject to a fine. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than five years and be concurrently fined.
"Where an entity commits the crime as prescribed in this Article, the entity shall be fined and the persons directly in charge and other persons subject to direct liabilities shall be punished, respectively, in accordance with the provisions of the paragraphs in this Article."
"Whoever smuggles cultural relics, gold, silver and other precious metals, the export of which is forbidden by the State, or precious and rare species of wildlife as well as the products thereof, the import and export of which are forbidden by the State, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall be concurrently fined. In the case of especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life-imprisonment and shall concurrently be subject to confiscation of property. If the circumstances are relatively minor, he/she shall be sentenced to fixed-term imprisonment of not more than five years and be concurrently subject to a fine.
"Whoever smuggles precious and rare species of plants and the products thereof, and other goods and articles, the import and export of which are forbidden by the State, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and be concurrently or separately subject to a fine. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than five years and be concurrently fined.
"Where an entity commits the crime as prescribed in this Article, the entity shall be fined and the persons directly in charge and other persons subject to direct liabilities shall be punished, respectively, in accordance with the provisions of the paragraphs in this Article."
二十六、將刑法第一百五十一條修改為:“走私武器、彈藥、核材料或者偽造的貨幣的,處七年以上有期徒刑,并處罰金或者沒收財產;情節特別嚴重的,處無期徒刑或者死刑,并處沒收財產;情節較輕的,處三年以上七年以下有期徒刑,并處罰金。
“走私國家禁止出口的文物、黃金、白銀和其他貴重金屬或者國家禁止進出口的珍貴動物及其制品的,處五年以上十年以下有期徒刑,并處罰金;情節特別嚴重的,處十年以上有期徒刑或者無期徒刑,并處沒收財產;情節較輕的,處五年以下有期徒刑,并處罰金。
“走私珍稀植物及其制品等國家禁止進出口的其他貨物、物品的,處五年以下有期徒刑或者拘役,并處或者單處罰金;情節嚴重的,處五年以上有期徒刑,并處罰金。
“單位犯本條規定之罪的,對單位判處罰金,并對其直接負責的主管人員和其他直接責任人員,依照本條各款的規定處罰。”
27. Paragraph 1 of Article 153 of the Criminal Law is amended as: "Whoever smuggles goods or articles not specified in Article 151, Article 152 and Article 347 herein shall, depending on the severity of the circumstances, be punished in accordance with the following provisions respectively:
"(1) If he/she smuggles goods and articles to evade or dodge the payable duties to a larger amount or commits smuggling again after being given administrative penalties twice against smuggling within one year, he/she shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and be concurrently subject to a fine of not less than one time but not more than five times the amount of payable duties evaded or dodged;
"(2) If the amount of payable duties evaded or dodged for smuggling goods and articles is huge or there are other serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be concurrently subject to a fine of not less than one time but not more than five times the amount of payable duties evaded or dodged; and
"(3) If the amount of payable duties evaded or dodged for smuggling goods and articles is especially huge or there are other especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall be concurrently subject to a fine of not less than one time but not more than five times the amount of payable duties evaded or dodged or confiscation of property."
"(1) If he/she smuggles goods and articles to evade or dodge the payable duties to a larger amount or commits smuggling again after being given administrative penalties twice against smuggling within one year, he/she shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and be concurrently subject to a fine of not less than one time but not more than five times the amount of payable duties evaded or dodged;
"(2) If the amount of payable duties evaded or dodged for smuggling goods and articles is huge or there are other serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be concurrently subject to a fine of not less than one time but not more than five times the amount of payable duties evaded or dodged; and
"(3) If the amount of payable duties evaded or dodged for smuggling goods and articles is especially huge or there are other especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall be concurrently subject to a fine of not less than one time but not more than five times the amount of payable duties evaded or dodged or confiscation of property."
二十七、將刑法第一百五十三條第一款修改為:“走私本法第一百五十一條、第一百五十二條、第三百四十七條規定以外的貨物、物品的,根據情節輕重,分別依照下列規定處罰:
“(一)走私貨物、物品偷逃應繳稅額較大或者一年內曾因走私被給予二次行政處罰后又走私的,處三年以下有期徒刑或者拘役,并處偷逃應繳稅額一倍以上五倍以下罰金。
“(二)走私貨物、物品偷逃應繳稅額巨大或者有其他嚴重情節的,處三年以上十年以下有期徒刑,并處偷逃應繳稅額一倍以上五倍以下罰金。
“(三)走私貨物、物品偷逃應繳稅額特別巨大或者有其他特別嚴重情節的,處十年以上有期徒刑或者無期徒刑,并處偷逃應繳稅額一倍以上五倍以下罰金或者沒收財產。”
28. Paragraph 1 of Article 157 of the Criminal Law is amended to read: "Whoever shields smuggling with arms shall be subject to a heavier punishment in accordance with the provisions of the Paragraph 1 of Article 151 herein."
二十八、將刑法第一百五十七條第一款修改為:“武裝掩護走私的,依照本法第一百五十一條第一款的規定從重處罰。”
29. Article 164 of the Criminal Law is amended to read: "Whoever, for the purpose of seeking unjustified benefits, gives money or property in relatively large amount to any employee of a company or enterprise, or any employee of other entities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the amount involved is huge, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall be concurrently fined.
"Whoever, for the purpose of seeking unjustified business interests, gives money or property to any foreign party performing official duties or officials of international public organizations shall be punished in accordance with the provisions of the preceding Paragraph.
"Where an entity commits the crimes as mentioned in the preceding two paragraphs, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be punished in accordance with the provisions of Paragraph 1.
"Any briber who confesses the bribery voluntarily prior to prosecution may be given a mitigated punishment or be exempted from punishment."
"Whoever, for the purpose of seeking unjustified business interests, gives money or property to any foreign party performing official duties or officials of international public organizations shall be punished in accordance with the provisions of the preceding Paragraph.
"Where an entity commits the crimes as mentioned in the preceding two paragraphs, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be punished in accordance with the provisions of Paragraph 1.
"Any briber who confesses the bribery voluntarily prior to prosecution may be given a mitigated punishment or be exempted from punishment."
二十九、將刑法第一百六十四條修改為:“為謀取不正當利益,給予公司、企業或者其他單位的工作人員以財物,數額較大的,處三年以下有期徒刑或者拘役;數額巨大的,處三年以上十年以下有期徒刑,并處罰金。
“為謀取不正當商業利益,給予外國公職人員或者國際公共組織官員以財物的,依照前款的規定處罰。
“單位犯前兩款罪的,對單位判處罰金,并對其直接負責的主管人員和其他直接責任人員,依照第一款的規定處罰。
“行賄人在被追訴前主動交待行賄行為的,可以減輕處罰或者免除處罰。”
30. Article 199 of the Criminal Law is amended to read: "Whoever commits a crime specified in Article 192 of this Section, if the amount involved is especially huge and causes especially huge losses to the interests of the State and the people, shall be sentenced to life imprisonment or death penalty and be concurrently subject to confiscation of property."
三十、將刑法第一百九十九條修改為:“犯本節第一百九十二條規定之罪,數額特別巨大并且給國家和人民利益造成特別重大損失的,處無期徒刑或者死刑,并處沒收財產。”
31. Article 200 of the Criminal Law is amended to read: "Where an entity commits the crimes prescribed in Article 192, Article 194 or Article 195 of this Section, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may be concurrently fined. If the amount involved is huge or there are other grave circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and be concurrently fined. If the amount involved is especially huge or there are other especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and be concurrently fined."
三十一、將刑法第二百條修改為:“單位犯本節第一百九十二條、第一百九十四條、第一百九十五條規定之罪的,對單位判處罰金,并對其直接負責的主管人員和其他直接責任人員,處五年以下有期徒刑或者拘役,可以并處罰金;數額巨大或者有其他嚴重情節的,處五年以上十年以下有期徒刑,并處罰金;數額特別巨大或者有其他特別嚴重情節的,處十年以上有期徒刑或者無期徒刑,并處罰金。”
32. Paragraph 2 of Article 205 of the Criminal Law shall be deleted.
三十二、刪去刑法第二百零五條第二款。
33. One article is added after Article 205 of the Criminal Law as Article 206(a): "Whoever falsely makes out invoices other than those specified in Article 205 herein, if the circumstances are grave, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, and be concurrently fined. Under especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and be concurrently fined.
"Where an entity commits the crime prescribed in the preceding Paragraph, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be punished in accordance with provisions of the preceding Paragraph."
"Where an entity commits the crime prescribed in the preceding Paragraph, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be punished in accordance with provisions of the preceding Paragraph."
三十三、在刑法第二百零五條后增加一條,作為第二百零五條之一:“虛開本法第二百零五條規定以外的其他發票,情節嚴重的,處二年以下有期徒刑、拘役或者管制,并處罰金;情節特別嚴重的,處二年以上七年以下有期徒刑,并處罰金。
“單位犯前款罪的,對單位判處罰金,并對其直接負責的主管人員和其他直接責任人員,依照前款的規定處罰。”
34. Paragraph 2 of Article 206 of the Criminal Law shall be deleted.
三十四、刪去刑法第二百零六條第二款。
35. One article is added after Article 210 of the Criminal Law as Article 210(a): "Whoever knowingly holds a forged invoice involving a larger amount shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance and be concurrently fined. If the amount involved is huge, he/she shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and be concurrently fined.
"Where an entity commits the crime prescribed in the preceding Paragraph, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be punished in accordance with the provisions of the preceding Paragraph."
"Where an entity commits the crime prescribed in the preceding Paragraph, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be punished in accordance with the provisions of the preceding Paragraph."
三十五、在刑法第二百一十條后增加一條,作為第二百一十條之一:“明知是偽造的發票而持有,數量較大的,處二年以下有期徒刑、拘役或者管制,并處罰金;數量巨大的,處二年以上七年以下有期徒刑,并處罰金。
“單位犯前款罪的,對單位判處罰金,并對其直接負責的主管人員和其他直接責任人員,依照前款的規定處罰。”
36. Article 226 of the Criminal Law is amended to read: "Whoever commits any of the following acts by violence or intimidation, if the circumstances are grave, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and be concurrently or separately fined. In the case of especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be concurrently fined.
"(1) Buying or selling commodities by violence and intimidation;
"(2) Compelling another person to provide or receive services;
"(3) Compelling another person to participate in or withdraw from bidding or auction;
"(4) Compelling another person to transfer or acquire shares, bonds or other assets of a company or enterprise; or
"(5) Compelling another person to participate in or withdraw from specific business activities."
"(1) Buying or selling commodities by violence and intimidation;
"(2) Compelling another person to provide or receive services;
"(3) Compelling another person to participate in or withdraw from bidding or auction;
"(4) Compelling another person to transfer or acquire shares, bonds or other assets of a company or enterprise; or
"(5) Compelling another person to participate in or withdraw from specific business activities."
三十六、將刑法第二百二十六條修改為:“以暴力、威脅手段,實施下列行為之一,情節嚴重的,處三年以下有期徒刑或者拘役,并處或者單處罰金;情節特別嚴重的,處三年以上七年以下有期徒刑,并處罰金:
“(一)強買強賣商品的;
“(二)強迫他人提供或者接受服務的;
“(三)強迫他人參與或者退出投標、拍賣的;
“(四)強迫他人轉讓或者收購公司、企業的股份、債券或者其他資產的;
“(五)強迫他人參與或者退出特定的經營活動的。”
37. One article is added after Article 234 of the Criminal Law as Article 234(a): "Whoever organizes others to sell human organs shall be sentenced to fixed-term imprisonment of not more than five years and be concurrently fined. Under grave circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than five years and be concurrently subject to a fine or confiscation of property.
"Whoever removes the organs of a person without the content thereof, or removes the organs of a minor, or compels or cheats another person to donate organs shall be convicted and punished in accordance with the provisions of Article 234 and Article 232 herein.
"Whoever removes the body organs of a deceased person against his/her wish made when he/she was alive, or whoever removes the body organs of a deceased person where the person has never consented to the removal when he was alive, or in violation of State provisions, or against the wish of the deceased persons' immediate relatives, shall be convicted and punished in accordance with Article 302 herein. "
"Whoever removes the organs of a person without the content thereof, or removes the organs of a minor, or compels or cheats another person to donate organs shall be convicted and punished in accordance with the provisions of Article 234 and Article 232 herein.
"Whoever removes the body organs of a deceased person against his/her wish made when he/she was alive, or whoever removes the body organs of a deceased person where the person has never consented to the removal when he was alive, or in violation of State provisions, or against the wish of the deceased persons' immediate relatives, shall be convicted and punished in accordance with Article 302 herein. "
三十七、在刑法第二百三十四條后增加一條,作為第二百三十四條之一:“組織他人出賣人體器官的,處五年以下有期徒刑,并處罰金;情節嚴重的,處五年以上有期徒刑,并處罰金或者沒收財產。
“未經本人同意摘取其器官,或者摘取不滿十八周歲的人的器官,或者強迫、欺騙他人捐獻器官的,依照本法第二百三十四條、第二百三十二條的規定定罪處罰。
“違背本人生前意愿摘取其尸體器官,或者本人生前未表示同意,違反國家規定,違背其近親屬意愿摘取其尸體器官的,依照本法第三百零二條的規定定罪處罰。”
38. Article 244 of the Criminal Law is amended to read: "Whoever compels other persons to work by violence, intimidation or by means of restricting their personal freedom shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and be concurrently fined. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall ,be concurrently fined.
"Whoever, with clear knowledge that another person is engaging in an act specified in the preceding Paragraph, recruits or transports personnel therefor or otherwise renders assistance in compelling others to work shall be punished in accordance with the preceding Paragraph.
"Where an entity commits the crimes as prescribed in the preceding two paragraphs, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be punished in accordance with the provisions of Paragraph 1."
"Whoever, with clear knowledge that another person is engaging in an act specified in the preceding Paragraph, recruits or transports personnel therefor or otherwise renders assistance in compelling others to work shall be punished in accordance with the preceding Paragraph.
"Where an entity commits the crimes as prescribed in the preceding two paragraphs, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be punished in accordance with the provisions of Paragraph 1."
三十八、將刑法第二百四十四條修改為:“以暴力、威脅或者限制人身自由的方法強迫他人勞動的,處三年以下有期徒刑或者拘役,并處罰金;情節嚴重的,處三年以上十年以下有期徒刑,并處罰金。
“明知他人實施前款行為,為其招募、運送人員或者有其他協助強迫他人勞動行為的,依照前款的規定處罰。
“單位犯前兩款罪的,對單位判處罰金,并對其直接負責的主管人員和其他直接責任人員,依照第一款的規定處罰。”
39. Article 264 of the Criminal Law is amended to read:" Whoever steals a relatively large amount of public or private property, or commits theft repeatedly, or commits burglary, or steals or pickpockets with a lethal weapon, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and be concurrently or separately fined. If the amount is huge or there are other grave circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and be concurrently fined. If the amount is especially huge or there are other especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and be concurrently subject to a fine or confiscation of property."
三十九、將刑法第二百六十四條修改為:“盜竊公私財物,數額較大的,或者多次盜竊、入戶盜竊、攜帶兇器盜竊、扒竊的,處三年以下有期徒刑、拘役或者管制,并處或者單處罰金;數額巨大或者有其他嚴重情節的,處三年以上十年以下有期徒刑,并處罰金;數額特別巨大或者有其他特別嚴重情節的,處十年以上有期徒刑或者無期徒刑,并處罰金或者沒收財產。”
40. Article 274 of the Criminal Law is amended as: "Whoever extorts relatively large amount of publicly-owned or privately-owned money or property by blackmail, or does so repeatedly, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and be concurrently or separately fined. If the amount is huge or there are other grave circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and be concurrently fined. If the amount is especially huge or there are other especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years and be concurrently fined."
四十、將刑法第二百七十四條修改為:“敲詐勒索公私財物,數額較大或者多次敲詐勒索的,處三年以下有期徒刑、拘役或者管制,并處或者單處罰金;數額巨大或者有其他嚴重情節的,處三年以上十年以下有期徒刑,并處罰金;數額特別巨大或者有其他特別嚴重情節的,處十年以上有期徒刑,并處罰金。”
41. One article is added after Article 276 of the Criminal Law as Article 267(a): "Whoever dodges labor remuneration payable to laborers by transferring property or escaping, or refuses to pay laborers although he/she has the capacity to make payment, if the amount is relatively large, and if he/she still refuses to pay after being so ordered by relevant government departments, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and be concurrently or separately fined. If serious consequences are caused, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be concurrently fined.
"Where an entity commits the crime prescribed in the preceding Paragraph, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be punished in accordance with the provisions of the preceding Paragraph.
"Whoever commits the crime mentioned in the preceding two paragraphs but has not yet caused serious consequences may be given a mitigated punishment or be exempted from punishment, provided that he/she, prior to public prosecution, pays labor remuneration to laborers and bear the corresponding compensation liabilities in accordance with the law."
"Where an entity commits the crime prescribed in the preceding Paragraph, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be punished in accordance with the provisions of the preceding Paragraph.
"Whoever commits the crime mentioned in the preceding two paragraphs but has not yet caused serious consequences may be given a mitigated punishment or be exempted from punishment, provided that he/she, prior to public prosecution, pays labor remuneration to laborers and bear the corresponding compensation liabilities in accordance with the law."
四十一、在刑法第二百七十六條后增加一條,作為第二百七十六條之一:“以轉移財產、逃匿等方法逃避支付勞動者的勞動報酬或者有能力支付而不支付勞動者的勞動報酬,數額較大,經政府有關部門責令支付仍不支付的,處三年以下有期徒刑或者拘役,并處或者單處罰金;造成嚴重后果的,處三年以上七年以下有期徒刑,并處罰金。
“單位犯前款罪的,對單位判處罰金,并對其直接負責的主管人員和其他直接責任人員,依照前款的規定處罰。
“有前兩款行為,尚未造成嚴重后果,在提起公訴前支付勞動者的勞動報酬,并依法承擔相應賠償責任的,可以減輕或者免除處罰。”
42. Article 293 of the Criminal Law is amended to read: "Whoever commits any of the following acts of causing disturbances, thus disrupting public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
"(1) Beating another person at will and to a flagrant extent;
"(2) Chasing, intercepting or hurling insults to and threatening another person to a flagrant extent;
"(3) Forcibly taking or demanding, willfully damaging, destroying or occupying publicly-owned or privately-owned money or property to a serious extent; or
"(4) Creating disturbances in a public place, thus causing serious disorder in the place.
"Whoever musters others to repeatedly commit any act mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and may be concurrently fined."
"(1) Beating another person at will and to a flagrant extent;
"(2) Chasing, intercepting or hurling insults to and threatening another person to a flagrant extent;
"(3) Forcibly taking or demanding, willfully damaging, destroying or occupying publicly-owned or privately-owned money or property to a serious extent; or
"(4) Creating disturbances in a public place, thus causing serious disorder in the place.
"Whoever musters others to repeatedly commit any act mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and may be concurrently fined."
四十二、將刑法第二百九十三條修改為:“有下列尋釁滋事行為之一,破壞社會秩序的,處五年以下有期徒刑、拘役或者管制:
“(一)隨意毆打他人,情節惡劣的;
“(二)追逐、攔截、辱罵、恐嚇他人,情節惡劣的;
“(三)強拿硬要或者任意損毀、占用公私財物,情節嚴重的;
“(四)在公共場所起哄鬧事,造成公共場所秩序嚴重混亂的。
“糾集他人多次實施前款行為,嚴重破壞社會秩序的,處五年以上十年以下有期徒刑,可以并處罰金。”
43. Article 294 of the Criminal Law is amended to read: "Whoever forms or leads organizations in the nature of criminal syndicate shall be sentenced to fixed-term imprisonment of not less than seven years and be concurrently subject to confiscation of property. Whoever actively participates in the criminal syndicate shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and may be concurrently subject to fine or confiscation of property. Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and may be concurrently fined.
"Members of overseas criminal syndicates who recruit members within the territory of the People's Republic of China shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
"Any State functionary who harbors an organization in the nature of criminal syndicate or connives at such organization's illegal or criminal acts shall be sentenced to fixed-term imprisonment of not more than five years. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than five years.
"Whoever commits any other crimes in addition to those prescribed in the preceding three paragraphs shall be punished in accordance with the provisions on combined punishment for several crimes.
"An organization in the nature of criminal syndicate shall have the following features:
"(1) It has formed a stable criminal organization with a larger number of participants and definite and stable organizers, leaders and key members;
"(2) It gains economic benefits through organized illegal and criminal activities or by other means, and has certain economic strength to support its activities;
"(3)It repeatedly commits organized illegal and criminal activities through violence, intimidation or by other means, perpetrating outrages, riding roughshod over or cruelly injuring or killing the people; and
"(4) By way of committing illegal and criminal acts, or taking advantage of the protection and connivance by State functionaries, it plays the bully over an area, and exercises illegal control and wields illegal and enormous influence over a certain area or industry, thus seriously disrupting the economic order and people's daily activities."
"Members of overseas criminal syndicates who recruit members within the territory of the People's Republic of China shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
"Any State functionary who harbors an organization in the nature of criminal syndicate or connives at such organization's illegal or criminal acts shall be sentenced to fixed-term imprisonment of not more than five years. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than five years.
"Whoever commits any other crimes in addition to those prescribed in the preceding three paragraphs shall be punished in accordance with the provisions on combined punishment for several crimes.
"An organization in the nature of criminal syndicate shall have the following features:
"(1) It has formed a stable criminal organization with a larger number of participants and definite and stable organizers, leaders and key members;
"(2) It gains economic benefits through organized illegal and criminal activities or by other means, and has certain economic strength to support its activities;
"(3)It repeatedly commits organized illegal and criminal activities through violence, intimidation or by other means, perpetrating outrages, riding roughshod over or cruelly injuring or killing the people; and
"(4) By way of committing illegal and criminal acts, or taking advantage of the protection and connivance by State functionaries, it plays the bully over an area, and exercises illegal control and wields illegal and enormous influence over a certain area or industry, thus seriously disrupting the economic order and people's daily activities."
四十三、將刑法第二百九十四條修改為:“組織、領導黑社會性質的組織的,處七年以上有期徒刑,并處沒收財產;積極參加的,處三年以上七年以下有期徒刑,可以并處罰金或者沒收財產;其他參加的,處三年以下有期徒刑、拘役、管制或者剝奪政治權利,可以并處罰金。
“境外的黑社會組織的人員到中華人民共和國境內發展組織成員的,處三年以上十年以下有期徒刑。
“國家機關工作人員包庇黑社會性質的組織,或者縱容黑社會性質的組織進行違法犯罪活動的,處五年以下有期徒刑;情節嚴重的,處五年以上有期徒刑。
“犯前三款罪又有其他犯罪行為的,依照數罪并罰的規定處罰。
“黑社會性質的組織應當同時具備以下特征:
“(一)形成較穩定的犯罪組織,人數較多,有明確的組織者、領導者,骨干成員基本固定;
“(二)有組織地通過違法犯罪活動或者其他手段獲取經濟利益,具有一定的經濟實力,以支持該組織的活動;
“(三)以暴力、威脅或者其他手段,有組織地多次進行違法犯罪活動,為非作惡,欺壓、殘害群眾;
“(四)通過實施違法犯罪活動,或者利用國家工作人員的包庇或者縱容,稱霸一方,在一定區域或者行業內,形成非法控制或者重大影響,嚴重破壞經濟、社會生活秩序。”
44. Article 295 of the Criminal Law is amended to read: "Whoever teaches another person how to commit a crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. If the circumstances are especially serious, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment. "
四十四、將刑法第二百九十五條修改為:“傳授犯罪方法的,處五年以下有期徒刑、拘役或者管制;情節嚴重的,處五年以上十年以下有期徒刑;情節特別嚴重的,處十年以上有期徒刑或者無期徒刑。”
45. Paragraph 1 of Article 328 of the Criminal Law is amended to read: "Whoever excavates and robs a site of ancient culture or ancient tomb of historical, artistic or scientific value shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and be concurrently fined. If the circumstances are relatively minor, he/she shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and be concurrently fined. Under any of the following circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and be concurrently subject to a fine or confiscation of property:
"(1) Excavating and robbing a site of ancient culture or ancient tomb designated as a major site to be protected at the national or provincial level for its historical and cultural value;
"(2) Being a ringleader of a gang engaging in excavating and robbing sites of ancient culture or ancient tombs;
"(3) Repeatedly excavating and robbing sites of ancient culture or ancient tombs; or
"(4) Excavating and robbing a site of ancient culture or ancient tombs, and robbing valuable cultural relics therein or causing serious damage to such relics."
"(1) Excavating and robbing a site of ancient culture or ancient tomb designated as a major site to be protected at the national or provincial level for its historical and cultural value;
"(2) Being a ringleader of a gang engaging in excavating and robbing sites of ancient culture or ancient tombs;
"(3) Repeatedly excavating and robbing sites of ancient culture or ancient tombs; or
"(4) Excavating and robbing a site of ancient culture or ancient tombs, and robbing valuable cultural relics therein or causing serious damage to such relics."
四十五、將刑法第三百二十八條第一款修改為:“盜掘具有歷史、藝術、科學價值的古文化遺址、古墓葬的,處三年以上十年以下有期徒刑,并處罰金;情節較輕的,處三年以下有期徒刑、拘役或者管制,并處罰金;有下列情形之一的,處十年以上有期徒刑或者無期徒刑,并處罰金或者沒收財產:
“(一)盜掘確定為全國重點文物保護單位和省級文物保護單位的古文化遺址、古墓葬的;
“(二)盜掘古文化遺址、古墓葬集團的首要分子;
“(三)多次盜掘古文化遺址、古墓葬的;
“(四)盜掘古文化遺址、古墓葬,并盜竊珍貴文物或者造成珍貴文物嚴重破壞的。”
46. Article 338 of the Criminal Law is amended to read: "Whoever, in violation of State provisions, discharges, dumps or disposes of radioactive waste, waste containing pathogen of infectious diseases, toxic substances or other hazardous waste, thus causing serious environmental pollution, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and be concurrently or separately fined. If the consequences are especially serious, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be concurrently fined."
四十六、將刑法第三百三十八條修改為:“違反國家規定,排放、傾倒或者處置有放射性的廢物、含傳染病病原體的廢物、有毒物質或者其他有害物質,嚴重污染環境的,處三年以下有期徒刑或者拘役,并處或者單處罰金;后果特別嚴重的,處三年以上七年以下有期徒刑,并處罰金。”
47. Paragraph 1 of Article 343 of the Criminal Law is amended to read: "Whoever, in violation of the Mineral Resources Law, mines without a mining license, enters, without authorization, a mining area under State planning, or a mining area of great value to national economy or another person's mining area for mining, or mines specified minerals subject to protective mining prescribed by the State without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and be concurrently or separately fined. If the circumstances are especially serious, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be concurrently fined."
四十七、將刑法第三百四十三條第一款修改為:“違反礦產資源法的規定,未取得采礦許可證擅自采礦,擅自進入國家規劃礦區、對國民經濟具有重要價值的礦區和他人礦區范圍采礦,或者擅自開采國家規定實行保護性開采的特定礦種,情節嚴重的,處三年以下有期徒刑、拘役或者管制,并處或者單處罰金;情節特別嚴重的,處三年以上七年以下有期徒刑,并處罰金。”
48. Paragraph 3 of Article 358 of the Criminal Law is amended to read: "Whoever recruits or transports personnel for a person organizing prostitution, or otherwise assists in arranging for another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years and be concurrently fined. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and be concurrently fined."
四十八、將刑法第三百五十八條第三款修改為:“為組織賣淫的人招募、運送人員或者有其他協助組織他人賣淫行為的,處五年以下有期徒刑,并處罰金;情節嚴重的,處五年以上十年以下有期徒刑,并處罰金。”
49. One article is added after Article 408 of the Criminal Law as Article 408(a):"A State functionary with food safety supervision and management duties shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if he/she abuses powers or neglects duties, thus causing a major food safety accident or resulting in other serious consequences. If especially serious consequences are caused, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
"Any person who commits the foregoing crime and engages in malpractice for personal gains shall be subject to a heavier punishment."
"Any person who commits the foregoing crime and engages in malpractice for personal gains shall be subject to a heavier punishment."
四十九、在刑法第四百零八條后增加一條,作為第四百零八條之一:“負有食品安全監督管理職責的國家機關工作人員,濫用職權或者玩忽職守,導致發生重大食品安全事故或者造成其他嚴重后果的,處五年以下有期徒刑或者拘役;造成特別嚴重后果的,處五年以上十年以下有期徒刑。
“徇私舞弊犯前款罪的,從重處罰。”
50. This Amendment shall come into force from May 1, 2011.
五十、本修正案自2011年5月1日起施行。
