Section 6 Financial Penalty
Article 52
The amount of a fine imposed shall be determined upon the circumstances of the crime.
Article 53
A fine may be paid in a lump sum or in installments within the time limit set in the judgment. If a fine is not paid on schedule, the payment shall be compelled. If a person fails to pay all fines, the people's court shall pursue the payment at any time when it finds that the person subjected to execution has any other property. If a person has true difficulties to make payment because of an unavoidable disaster, the fine may, partly or wholly, be exempt upon the circumstances.
Section 7 Deprivation of Political Rights
Article 54
Deprivation of political rights means the deprivation of the following rights:
1. the rights to vote and to stand for election;
2. the rights of freedom of speech, press, assembly, association, procession and demonstration;
3. the right to hold a position in a state organ; and
4. the right to hold a leading position in any state-owned company, enterprise, institution or people's organization.
Article 55
With the exception of the provisions of Article 57 of this Law, a term of deprivation of political rights shall not be less than one year and not more than five years.
If a person who is sentenced to public surveillance is deprived of political rights as a supplementary punishment, the term of deprivation of political rights shall be the same as the term of public surveillance, and the punishments shall be executed simultaneously.
Article 56
Criminals who endanger the state security shall be sentenced to deprivation of political rights as a supplementary punishment; and criminals who commit crimes of intentional homicide, rape, arson, causing explosion, spreading poisons, robbery and other crimes which seriously undermine social order may be sentenced to deprivation of political rights as a supplementary punishment.
If deprivation of political rights is applied independently, the Specific Provisions of this Law shall govern.
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 the term 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 day when the execution of imprisonment or criminal detention ends or from the day when parole begins. Deprivation of political rights shall of course be in effect within the period in which the principal punishment is being executed.
Criminals who are sentenced to deprivation of political rights shall observe laws, administrative regulations and relevant provisions of the department for public security of the State Council on supervision and administration, accept supervision; and may not exercise the rights laid down in Article 54 of this Law.
Section 8 Confiscation of Property
Article 59
Confiscation of property means the confiscation of part or all of the properties personally owned by a criminal. When all of the properties of a criminal is confiscated, necessaries of life for the criminal and his dependent family members shall be left out.
When a confiscation of property is sentenced, property which is owned or should be owned by the criminal's family members may not be confiscated of.
Article 60
If it is necessary to use a confiscated property to pay due debts that the criminal incurred before his property is confiscated, such debts shall be paid at the request of the claimants.
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 the society and the relevant provisions of this Law.
Article 62
If, under the provisions of this Law, the circumstances of a crime call for a heavier or a lighter punishment, the criminal shall be sentenced to a punishment within the limits of the prescribed punishment.
Article 63
If, under the provisions of this Law, the circumstances of a crime call for a mitigated punishment, the criminal shall be sentenced to a punishment less than the prescribed punishment.
With approval of the Supreme People's Court, a criminal may be sentenced to a punishment less than the prescribed punishment upon the special nature of the case, even if the circumstances of his crime do not warrant a mitigated punishment under the provisions of this Law.
Article 64
All properties illegally obtained by a criminal shall be recovered or compensation shall be ordered. Legal property of the victim shall be returned in time. Contrabands and possessions of the criminal that were used in the crime shall be confiscated. The properties confiscated and fines shall be turned over to the State Treasury and may not be misappropriated or disposed without authorization.
Section 2 Recidivists
Article 65
A criminal who is sentenced to fixed-term imprisonment or heavier penalty shall, if, within five years after serving his sentence or receiving a pardon, committing another crime punishable by fixed-term imprisonment or heavier penalty, be a recidivist and be sentenced heavily, with the exception of negligent crime.
The period fixed in the preceding paragraph for a criminal who is paroled shall be counted from the day the parole expires.
Article 66
A criminal who endangers the state's security shall, if committing a crime of endangering the state's security again at any time after serving his sentence or receiving a pardon, be treated and sentenced as a recidivist.
Section 3 Voluntary Surrender and Rendering Meritorious Service
Article 67
If a criminal, after committing a crime, surrenders himself voluntarily and truthfully confesses his crime, it is the voluntary surrender. A criminal who conducts voluntary surrender may be given a lighter or mitigated punishment. Those whose crimes are relatively minor may be exempted from punishments.
If a suspected criminal or defendant under compulsory measures or a criminal who serves a sentence truthfully confesses his other crimes that are unknown to a judicial organ, it shall be treated as the 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 services may be given a lighter or mitigated punishment. Those who render great meritorious service may be given a mitigated punishment or be exempted from punishment.
A criminal who conducts voluntary surrender and concurrently renders great meritorious service shall be given a lighter punishment or be exempted from punishment.
Section 4 Combined Punishment for Several Crimes
Article 69
If a criminal commits several crimes before a judgment is pronounced, his term of punishment shall, upon the circumstances of each case, 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, unless he is sentenced to death or life imprisonment, however, the term of public surveillance may not be more than three years, the term of criminal detention may not be more than one year, and fixed-term imprisonment may not be more than twenty years.
If, among several crimes, there are any for which a supplementary punishment is sentenced, the supplementary punishment must still be executed.
Article 70
If, after a judgment is pronounced and before the punishment is completely executed, a criminal is discovered to commit another crime for which he was not sentenced before the judgment was pronounced, 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 in accordance with the provisions of Article 69 of this Law. Any portion of the term that has already been served shall count towards fulfillment of the term imposed by the latest judgment.
Article 71
If, after a judgment is pronounced and before the punishment is completely executed, a criminal who is sentenced again commits a crime, a 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 in accordance with the provisions of Article 69 of this Law.
Section 5 Suspension of Sentence
Article 72
If, upon the circumstances of the crime and the demonstration of repentance, a suspension of the sentence for a criminal who is sentenced to criminal detention or to fixed-term imprisonment of not more than three years will not result in further harm to the society, a suspension of sentence may be granted thereto.
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 day 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 comply with the following provisions:
1. to observe laws and administrative regulations, and to accept supervision;
2. to report his own activities as required by the observing organ;
3. to observe the provisions of the observing organ on meeting with guests; and
4. to obtain approval of the observing organ for a departure from the city or county where he lives or change in residence.
Article 76
Within the probation period for suspension, the public security organ shall observe the criminal whose sentence has been suspended and the unit to which he belongs or the basic-level organization shall take concerted action and, if the criminal has no circumstance laid down in Article 77 of this Law, the punishment originally decided shall not be executed after the expiration of the probation period for suspension, and it shall be declared in public.
Article 77
If, within the probation period for suspension, a criminal whose sentence has been suspended commits a further crime or is discovered that he committed a 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 in accordance with the provisions of Article 69 of this Law.
If, within the probation period for suspension, a criminal whose sentence has been suspended violates a law or an administrative regulation or a provision of the department for public security of the State Council on supervision and administration of 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
Within the period of execution, a criminal who is 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; and shall have his punishment commuted if he shows one of following great meritorious services:
1. to prevent another person from committing a serious crime;
2. to bring accusations with respect to the serious crimes within or outside the prison, and such accusation is verified;
3. to have invention, creation or great technical innovation;
4. to risk life to save another person in routine production and life;
5. to make outstanding performance in resisting natural disaster or in removing serious accident; or
6. to make other great contributions to the state and society.
After commutation, the term of punishment actually to be executed may not be less than half of the term originally decided if a criminal is sentenced to public surveillance, criminal detention or fixed-term imprisonment; and may not be less than ten years if a criminal is sentenced to life imprisonment.
Article 79
Commutation of punishment of a criminal shall be put forward in the form of the proposal document of commutation of punishment by the executing organ to the people's court at the intermediate or higher level. The people's court 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 may be decided without the legal procedures.
Article 80
The term of fixed-term imprisonment that is commuted from a life imprisonment shall be counted from the day the order of commutation is issued.
Section 7 Parole
Article 81
If a criminal who is sentenced to fixed-term imprisonment has served more than half of the term of his original sentence, or a criminal who is sentenced to life imprisonment has served not less than ten years of his term, parole may be granted thereto, provided that he observes the rules of prison conscientiously, accepts education and reform and shows true repentance and will no longer cause harm to the society after parole. Under special circumstances and with 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 violent crimes such as committing homicide, causing explosion, robbery, rape and kidnapping may not be granted parole.
Article 82
Parole of a criminal shall be governed by the procedures laid down in Article 79 of this Law. No parole may be granted without the legal procedures.
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; and 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 day the criminal is released on parole.
Article 84
A criminal who is granted parole shall comply with the following provisions:
1. to observe laws and administrative regulations and to accept supervision;
2. to report his own activities as required by the supervising organ;
3. to observe the provisions of the supervising organ on meeting with guests; and
4. to obtain approval of the supervising organ for his departure from the city or county where he lives or change in his residence.
Article 85
Within the probation period for parole, a criminal who is granted parole shall be subject to supervision of the public security organ and, if a circumstance laid down 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 when the probation period for parole expires, and it shall be announced publicly.
Article 86
If a criminal who is granted parole commits a further crime within the probation period for parole, the parole shall be revoked and combined punishment for several crimes shall be decided in accordance with the provisions of Article 71 of this Law.
If, within the probation period for parole, a criminal who is granted parole is discovered that, before the judgment was announced, he committed other crimes for which he was not sentenced, the parole shall be revoked and combined punishment for several crimes shall be decided in accordance with the provisions of Article 70 of this Law.
If, within the probation period for parole, a criminal who is granted parole violates a law, an administrative regulation or a provision of the department for public security of the State Council on supervision and administration of parole and the said violation does not constitute a further crime, the parole shall be revoked according to the legal procedures 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 if the maximum prescribed punishment is fixed-term imprisonment of less than five years;
2. ten years if the maximum prescribed punishment is fixed-term imprisonment of more than five years and less than ten years;
3. fifteen years if the maximum prescribed punishment is fixed-term imprisonment of more than ten years; and
4. twenty years if the maximum prescribed punishment is life imprisonment or death. Where, after twenty years, it is considered that a crime must be prosecuted, the matter must be reported to the Supreme People's Procuratorate for approval.
Article 88
In a case where, after a people's procuratorate, public security organ or state security organ has placed the case on file for investigation or a people's court has accepted the case, a criminal escapes from investigation or trial, no limitation on the period for prosecution shall be applied.
In a case where, within the limitation period for prosecution, a victim puts forward accusation and a people's court, people's procuratorate or public security organ shall place the case on file but fails to do so, no limitation on the period for prosecution shall be applied.
Article 89
The limitation period for prosecution shall be counted from the day of the crime; if the criminal act is of a continual or continuous nature, it shall be counted from the day the criminal act is terminated.
If a further crime is committed within the limitation period for prosecution, the limitation period for prosecution of the former crime shall be counted from the day the latter crime is committed.
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