(Adopted by the Second Session of the Fifth National People's Congress on July 1, 1979, amended by the Fifth Session of the Eighth National People's Congress on March 14, 1997, promulgated by Order No.83 of the President of the People's Republic of China on March 14, 1997, and effective from October 1, 1997)
Contents
Part One General Provisions
Chapter I The Tasks, Basic Principles and Applicable Scope of the Criminal Law
Chapter II The Commission of a Crime
Section 1 The Commission of a Crime and Criminal Responsibility
Section 2 Preparation, Attempt and Discontinuance of a Crime
Section 3 Joint Crime
Section 4 Crime 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 Death Penalty
Section 6 Financial Penalty
Section 7 Deprivation of Political Rights
Section 8 Confiscation of Property
Chapter IV The Concrete Application of Punishments
Section 1 Sentencing
Section 2 Recidivist
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 Miscellaneous Provisions
Part Two Specific Provisions
Chapter I Crime of Endangering the State Security
Chapter II Crime of Endangering the Public Security
Chapter III Crime of Disrupting the Order of Socialist Market Economy
Section 1 Crime of Producing or Selling Fake or Inferior Commodities
Section 2 Crime of Smuggling
Section 3 Crime of Disrupting the Order of Administering Companies and Enterprises
Section 4 Crime of Disrupting the Order of Banking Administration
Section 5 Crime of Financial Fraud
Section 6 Crime of Jeopardizing the Administration of Tax Collection
Section 7 Crime of Infringing upon Intellectual Property
Section 8 Crime of Disturbing Market Order
Chapter IV Crime of Infringing upon the Citizen's Personal or Democratic Right
Chapter V Crime of Encroaching on Property
Chapter VI Crime of Disrupting the Order of Social Administration
Section 1 Crime of Disturbing the Public Order
Section 2 Crime of Impairing Judicial Activities
Section 3 Crime of Impairing Control of the Border (Frontier)
Section 4 Crime of Impairing Control of Cultural Relics
Section 5 Crime of Jeopardizing Public Health
Section 6 Crime of Undermining Protection of Environment or Resources
Section 7 Crime of Smuggling, Trafficking in, Transporting or Producing Drugs
Section 8 Crime of Organizing, Forcing, Luring, Sheltering or Introducing Women into Prostitution
Section 9 Crime of Producing, Selling or Spreading Obscene Articles
Chapter VII Crime of Endangering Interests of National Defense
Chapter VIII Crime of Embezzlement or Bribery
Chapter IX Crime of Dereliction of Duty
Chapter X Crime of the Serviceman's Violation of Duty
Supplementary Provisions
Part One General Provisions
Chapter I The Tasks, Basic Principles and Applicable Scope of the Criminal Law
Article 1
For the purposes of punishing crimes and protecting the people, in accordance with the Constitution and in the light of the concrete experience and actual conditions of our country in fighting against crimes, this Law is formulated.
Article 2
The tasks of the Criminal Law of the People's Republic of China are: to employ criminal punishments to fight against all criminal acts for the purposes of defending the state's security, political power of the people's dictatorship and socialist system, safeguarding the properties owned by the State and the properties owned collectively by the working people, protecting the properties owned privately by citizens, protecting the rights of the person, democratic rights and other rights of citizens, maintaining the social order and economical order, and ensuring the smooth advance of the cause of socialist construction.
Article 3
An act which is expressly defined by law as a criminal act shall be convicted of a crime and sentenced in accordance with law and; if it is not expressly defined by law as a criminal act, it may not be convicted of a crime and sentenced.
Article 4
Any person who commits a crime shall be equal in applying the law. No person is privileged to be beyond the law.
Article 5
The seriousness of punishment shall be determined in accordance with the crime committed by the criminal and his criminal responsibility.
Article 6
This Law applies where a person commits a crime in the territory of the People's Republic of China, except as specially provided by law.
This Law also applies where a person commits a crime on board a ship or an aircraft of the People's Republic of China.
If, among the acts or results of a crime, one of them takes place in the territory of the People's Republic of China, it shall be deemed a crime committed in the territory of the People's Republic of China.
Article 7
This Law applies where a citizen of the People's Republic of China commits a crime set forth by this Law outside the territory of the People's Republic of China; where, however, subject to the provisions of this Law, the maximum punishment of fixed-term imprisonment for his crime is not more than three years, he may be exempt from investigation.
This Law applies where a public servant or serviceman of the People's Republic of China commits a crime set forth by this Law outside the territory of the People's Republic of China.
Article 8
This Law may apply where a crime against China or a citizen of the People's Republic of China committed by an alien outside the territory of the People's Republic of China and for which the minimum punishment of fixed-term imprisonment is not less than three years in accordance with the provisions of this Law, except where a crime is not punishable in accordance with the law of the place where it is committed.
Article 9
This Law applies to crimes set forth by 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 obligations in accordance with the treaties.
Article 10
A person who shall bear criminal responsibility according to this Law for his crime committed outside the territory of the People's Republic of China may still be investigated according to this Law, even if he has already been tried in a foreign country. Where, however, he has already received criminal punishment in a foreign country, he may be exempt from punishment or given a mitigated punishment.
Article 11
The criminal responsibility of an alien who enjoys diplomatic privileges and immunities shall be determined through the diplomatic channel.
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 laws in force at the time, they shall apply. If the act was deemed a crime under laws in force at the time and is subject to prosecution in accordance with the provisions of Section 8 of Chapter IV of the General Provisions of this Law, criminal responsibility shall be demanded for according to laws in force at the time. Where, however, 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 the time before the entry into force of this Law shall continue to be effective.
Chapter II The Commission of a Crime
Section 1 The Commission of a Crime and Criminal Responsibility
Article 13
All acts which endanger the sovereignty, territorial integrity or security of the State, dismember the nation, subvert the political power of the people's dictatorship, overthrow the socialist system, disrupt the social or economic order, infringe the properties owned by the State or the properties owned collectively by the working people, infringe the citizens' privately owned properties or infringe the right of the person, democratic right or any other right of citizens and all other acts which endanger the society shall be taken as crimes if, according to law, they shall be punished criminally, and if they are clearly of minor circumstances and little harm, shall not be taken as crimes.
Article 14
If a person clearly knows that his act will produce a dangerous result to the society and wishes or allows such a result to occur, thus constituting a crime, it shall be an intentional crime.
A person who commits an intentional crime shall bear criminal responsibility.
Article 15
If a person should know that his act would produce a dangerous result to the society but fails to know due to his negligence or, has already known it but readily believes that it can be avoided, thus causing the result, it shall be a negligent crime.
A person who commits a negligent crime shall bear criminal responsibility only when the law provides therefor.
Article 16
An act which, due to unavoidable or unforeseeable reasons rather than intent or negligence, produces a harmful result in fact, is not a crime.
Article 17
A person who has attained the age of sixteen years shall bear criminal responsibility if he commits a crime.
A person who has attained the age of fourteen years and is under the age of sixteen years shall bear criminal responsibility if he commits a crime of intentional homicide, intentionally injuring another person to serious bodily injury or death, rape, robbery, selling drugs, arson, explosion or spreading poison.
A person who has attained the age of fourteen years and is under the age of eighteen years shall be sentenced lightly or mitigatively if he commits a crime.
If a person commits a crime and is not sentenced criminally because he is under the age of sixteen years, his patriarch or guardian shall be ordered to control and educate him and, when necessary, he may be taken in by the government for education.
Article 18
If a mental patient, at the time when he is unable to recognize or control his own act, causes a dangerous result, and such a circumstance is confirmed subject to legal procedures, he shall not bear criminal responsibility, but his family members or guardian shall be ordered to keep him strictly and arrange for his medical treatment and, when necessary, he shall be forced into medical treatment by the government.
A mental patient who has an intermittent nature shall bear criminal responsibility if he commits a crime at the time when he is in a normal mental state.
A mental patient who does not lose completely the ability to recognize or control his own act shall bear criminal responsibility but may be sentenced lightly or mitigatively if he commits a crime.
A intoxicated person who commits a crime shall bear criminal responsibility.
Article 19
A deaf-mute or blind person who commits a crime may be given a lighter or mitigated punishment or be exempt from punishment.
Article 20
If a person employs an act to stop an unlawful infringement for the purposes of avoiding the said infringement for the State's or the public interest or for his own or another person's right of the person, property right or any other right, thus causing harm to the unlawful infringer, the said act shall be regarded as a justifiable defense and the said person shall not bear criminal responsibility.
If a justifiable defense apparently exceeds the limits of necessity, thus causing a serious harm, the person involved shall bear criminal responsibility, but be given a mitigated punishment or be exempt from punishment.
If a person employs an act of defense to an immediate violent crime of committing physical assault, homicide, robbery, rape, kidnapping or any other crime seriously endangering the safety of another person, thus causing bodily injury or death to the unlawful infringer, the said act shall not be regarded as a defense that exceeds the limits of necessity, and the said person shall not bear criminal responsibility.
Article 21
A person who, for the purposes of avoiding an immediate danger to the State's or the public interest or to his own or another person's right of the person or property right or any other right, is compelled to employs an act under emergency, thus causing a harm, shall not bear criminal responsibility.
If an act under emergency to avert danger exceeds the limits of necessity, thus causing an undue harm, the person involved shall bear criminal responsibility, but be given a mitigated punishment or exempt from punishment.
The provisions of paragraph 1 on avoidance of danger shall not apply to the persons who assume specific responsibilities in their posts and businesses.
Section 2 Preparation, Attempt and Discontinuance of a Crime
Article 22
The preparation of instruments or the creation of conditions for a crime is the preparation of a crime.
A person who prepares for a crime may be given a lighter or mitigated punishment or be exempt from punishment in comparison with one who consummates the crime.
Article 23
If a crime has already been begun but is prevented from completing by reasons independent of the criminal's will, it is the attempt of a crime.
A person who attempts to commit a crime may be given a lighter or mitigated punishment in comparison with one who consummates the crime.
Article 24
If, in the course of commission of a crime, the criminal voluntarily quits continuing the crime or voluntarily and effectively prevents the results of the crime from occurring, it is the discontinuance of a crime.
A person who discontinues a crime shall be exempt from punishment if no harm is caused and; if a harm is caused, be given a mitigated punishment.
Section 3 Joint Crime
Article 25
A joint crime means an intentional crime committed jointly by two or more persons.
A negligent crime committed jointly by two or more persons shall not be treated and punished as a joint crime; and if the persons involved shall bear criminal responsibility, they shall be sentenced separately upon the crimes they commit.
Article 26
A person who organizes or leads a criminal group to carry out criminal activities or plays a principal role in a joint crime is the principal criminal.
A relatively stable criminal organization which is composed of three or more persons jointly for committing a crime is the criminal group.
A ringleader who organizes or leads a criminal group shall be sentenced upon all the crimes the group commits.
A principal criminal other than those set forth in paragraph 3 shall be sentenced upon all the crimes he participates in or organizes or commands.
Article 27
A person who plays a secondary or auxiliary role in a joint crime is the accomplice.
An accomplice shall be given a lighter or mitigated punishment or be exempt from punishment.
Article 28
A person who is compelled to participate in a crime shall be given a mitigated punishment or be exempt from punishment upon the circumstances of his crime.
Article 29
A person who instigates another person to commit a crime shall be sentenced upon the role he has played in the joint crime. A person who instigates another person who is under the age of eighteen years to commit a crime shall be sentenced heavily.
If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.
Section 4 Crime Committed by a Unit
Article 30
A company, an enterprise, an institution, an organ or an organization, which commits an act harmful to the society, shall bear criminal responsibility if the law holds such an act as a crime committed by a unit.
Article 31
If a unit commits a crime, the unit shall be sentenced to financial penalties and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced criminally. Where the Specific Provisions of this Law and other laws provide for otherwise, they shall govern.
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. death penalty.
Article 34
The supplementary punishments are as follows:
1. financial penalties;
2. deprivation of political rights; and
3. confiscation of property.
The supplementary punishments may be applied independently.
Article 35
Deportation may be applied independently or supplementarily to an alien who commits a crime.
Article 36
A criminal whose crime causes a financial loss to the victim shall, in addition to criminal punishments according to law, be sentenced to make compensation for the loss upon the circumstances.
A criminal who bears civil responsibility and concurrently is sentenced to a financial penalty shall first bear civil responsibility to the victim if he has no enough property to pay off or he is sentenced to confiscation of property.
Article 37
A criminal who is not needed to be sentenced criminally due to his minor crime may be exempt from criminal punishments but, upon the different circumstances of the case, he may be reprimanded or ordered to make a statement of repentance, offer an apology or pay compensation for losses or be given administrative penalties or sanctions by the competent department.
Section 2 Public Surveillance
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 shall, within the period of execution, comply with the following provisions:
1. to observe laws and administrative regulations and to accept supervision;
2. without approval of the executing organ, to be forbidden to exercise the rights of freedom of speech, press, assembly, association, procession and demonstration;
3. to report his own activities as required by the executing organ;
4. to observe the provisions of the executing organ on meeting with guests; and
5. when intending to leave from the county or city where he lives or to change his residence, to obtain approval of the executing organ.
A criminal who is sentenced to public surveillance shall receive equal pay for equal work in his participation in labor.
Article 40
If the term of public surveillance for a criminal who is sentenced to public surveillance expires, the executing organ shall notice the termination of public surveillance to the criminal and to the unit which he belongs to or the masses in the place of his residence in time.
Article 41
The term of public surveillance shall be counted from the day the judgment begins to be executed; and if the criminal is held in custody before the execution of the judgment, each day in custody shall be considered as two days of the term sentenced.
Section 3 Criminal Detention
Article 42
The term of criminal detention shall not be less than one month and not more than six months.
Article 43
Where a criminal is sentenced to criminal detention, his sentence shall be executed by the public security organ in the vicinity.
Within the period of execution, the criminal sentenced to criminal detention may go home for one to two days each month; and may be given an appropriate remuneration if he participates in labor.
Article 44
The term of criminal detention shall be counted from the day the judgment begins to be executed; and 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
Except as provided by Articles 50 and 69 of this Law, the term of fixed-term imprisonment shall not be less than six months and not more than fifteen years.
Article 46
A criminal who is sentenced to fixed-term imprisonment or life imprisonment shall serve his sentence in prison or any other place of execution; and if he is able to work, he shall participate in labor and accepts education and reform.
Article 47
The term of fixed-term imprisonment shall be counted from the day the judgment begins to be executed; and 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 Death Penalty
Article 48
The death penalty shall be applied only to criminals who have committed the most heinous crimes. If the immediate execution of a criminal punishable by death is not 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 applied to a person who has not attained the age of eighteen years at the time when he commits the crime or to a woman who is 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 within 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; and if it is verified that he 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 day 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 day the term of suspension of execution of a death expires.
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