20 1 1 Adopted at the 19th meeting of the 11th NPC Standing Committee on February 25th.
One article is added after Article 17 of the Criminal Law as one of Article 17: "If a person who has reached the age of 75 intentionally commits a crime, he may be given a lighter or mitigated punishment; Whoever commits a crime negligently shall be given a lighter or mitigated punishment. "
2. One paragraph is added as the second paragraph in Article 38 of the Criminal Law: "Public surveillance may be imposed according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific people during execution."
The original paragraph 2 is amended as paragraph 3: "Community correction shall be implemented for criminals sentenced to public surveillance according to law."
One paragraph is added as the fourth paragraph: "Anyone who violates the prohibition order stipulated in the second paragraph shall be punished by the public security organ in accordance with the provisions of the Law of People's Republic of China (PRC) on Public Security Administration Punishment."
3. One paragraph is added to Article 49 of the Criminal Law as the second paragraph: "The death penalty is not applicable to people who have reached the age of 75 at the time of trial, except those who have caused death by particularly cruel means."
4. Amend Article 50 of the Criminal Law to read: "If the death penalty is suspended and there is no intentional crime during the suspended execution, it will be reduced to life imprisonment after the expiration of two years; If there is indeed a significant meritorious service, after the expiration of two years, it will be reduced to 25 years in prison; If the crime is intentional and verified, the Supreme People's Court will approve the execution of the death penalty.
The people's court may, according to the circumstances of the crime, at the same time decide to restrict or reduce the sentence of a recidivist sentenced to death with a suspended execution and a criminal sentenced to death with a suspended execution for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes.
5. Amend the first paragraph of Article 63 of the Criminal Law to read: "If a criminal has mitigating circumstances as stipulated in this Law, he shall be sentenced to a penalty below the statutory penalty; If there are several sentencing ranges stipulated in this Law, the penalty shall be imposed within the next sentencing range of the statutory sentencing range. "
6. The first paragraph of Article 65 of the Criminal Law is amended as: "Whoever commits a crime that should be sentenced to fixed-term imprisonment or more within five years after the execution of the punishment or pardon is a recidivist and should be given a heavier punishment, except for negligent crimes and crimes committed by people under the age of 18."
Seven. Article 66 of the Criminal Law is amended to read: "Criminals who commit crimes against national security, terrorist activities or organized crimes of underworld nature shall be treated as recidivists at any time after the execution of the punishment or pardon."
8. One paragraph is added to Article 67 of the Criminal Law as the third paragraph: "A criminal suspect who truthfully confesses his crime may be given a lighter punishment, although he does not have the circumstances of surrender as stipulated in the preceding two paragraphs; Because it truthfully confesses its crimes, it avoids particularly serious consequences and can reduce punishment. "
Nine, delete the second paragraph of article sixty-eighth of the criminal law.
X article 69 of the criminal law is amended to read: "except for those who have committed several crimes before the verdict is pronounced, the execution term shall be decided as appropriate, but the maximum public surveillance shall not exceed three years, criminal detention shall not exceed one year, fixed-term imprisonment shall not exceed twenty years and fixed-term imprisonment shall not exceed twenty-five years.
"If several crimes are combined, the additional punishment shall still be executed. If the types of additional punishments are the same, they shall be executed jointly and separately. "
Xi。 Article 72 of the Criminal Law is amended as: "A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions, and suspended for those under the age of 18, pregnant women and those who have reached the age of 75:
"(a) the circumstances of the crime are relatively minor;
"(2) showing repentance;
"(3) There is no danger of committing a crime again;
"(four) the announcement of probation has no significant adverse effects on the community where he lives.
"Probation can be announced according to the crime situation, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific people during the probation period.
If a criminal who has been suspended is sentenced to an additional punishment, the additional punishment must still be executed.
Twelve. Article 74 of the Criminal Law is amended as: "Probation is not applicable to recidivists and ringleaders of criminal groups."
Thirteen. Article 76 of the Criminal Law is amended as: "During the probation period of probation, criminals shall carry out community correction according to law. If there are no circumstances stipulated in Article 77 of this Law, the probation period of probation expires, the original sentence will not be executed, and it will be publicly announced. "
Fourteen The second paragraph of Article 77 of the Criminal Law is amended as: "If a criminal who has been declared suspended violates laws, administrative regulations or the supervision and administration regulations of the relevant departments of the State Council on probation, or violates the prohibition order of the people's court, if the circumstances are serious, the suspended sentence shall be revoked and the original sentence shall be executed."
Fifteen, the second paragraph of Article 78 of the Criminal Law is amended as: "The actual term of imprisonment after commutation shall not be less than the following period:
"(a) was sentenced to public surveillance, criminal detention, fixed-term imprisonment, for more than half of the original sentence;
"(two) sentenced to life imprisonment, less than thirteen years;
(3) A criminal sentenced by the people's court to death with a suspension of execution in accordance with the provisions of the second paragraph of Article 50 of this Law shall be commuted to life imprisonment and to fixed-term imprisonment of 25 years, not less than 20 years, after the expiration of the suspension of execution.
16. Amend Article 81 of the Criminal Law to read: "A criminal sentenced to fixed-term imprisonment has been sentenced to more than half of the original sentence, and a criminal sentenced to life imprisonment has been released on parole after more than thirteen years of actual execution, and has earnestly observed prison regulations, received education and reform, and indeed shown repentance, and there is no danger of recidivism. Under special circumstances, with the approval of the Supreme People's Court, the above-mentioned restrictions on the execution of prison terms may be waived.
"Recidivists and criminals sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes shall not be released on parole.
"When a criminal decides to be released on parole, he should consider the impact on the community where he lives after parole."
Seventeen. Article 85 of the Criminal Law is amended as: "A paroled criminal shall, within the probation period of parole, carry out community correction according to law. If there are no circumstances stipulated in Article 86 of this Law and the probation period for parole expires, it shall be deemed that the original sentence has been executed and an announcement shall be made. "
18. the third paragraph of article 86 of the criminal law is amended as: "if a criminal who is paroled violates laws, administrative regulations or the provisions of the relevant departments of the State Council on the supervision and administration of parole within the probation period of parole and does not constitute a new crime, his parole shall be revoked in accordance with legal procedures, and he shall be put in prison to execute the unfinished sentence."
19. One paragraph is added to Article 100 of the Criminal Law as the second paragraph: "A person who was under the age of 18 at the time of committing a crime and was sentenced to fixed-term imprisonment of not more than five years shall be exempted from the reporting obligation stipulated in the preceding paragraph."
20. Article 107 of the Criminal Law is amended as: "Where domestic and foreign institutions, organizations or individuals finance the crimes specified in Articles 102, 103, 104 and 105 of this Chapter, the persons who are directly responsible 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 serious, he shall be sentenced to fixed-term imprisonment of not less than five years. "
2 1. Amend Article 109 of the Criminal Law to read: "Any functionary of a state organ who, while performing official duties, leaves his post without permission, defected abroad or defected abroad 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 serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
Any state functionary who has mastered state secrets who defected or defected abroad shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
22. One article is added after Article 133 of the Criminal Law as one of Article 133: "Whoever drives a motor vehicle on the road to chase after a race, if the circumstances are bad, or who drives a motor vehicle drunk on the road, shall be sentenced to criminal detention and fined.
Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment.
Twenty-three, the first paragraph of Article 141 of the Criminal Law is amended as: "Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated. "
24. Article 143 of the Criminal Law is amended as: "Whoever produces or sells food that does not meet the food safety standards enough to cause serious food poisoning accidents or other serious food-borne diseases shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated. "
25. Article 144 of the Criminal Law is amended as: "Whoever adulterates toxic and harmful non-food raw materials in food produced or sold, or sells food that is knowingly adulterated with toxic and harmful non-food raw materials, shall be sentenced to fixed-term imprisonment of not more than five years and fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined; Whoever causes death or has other particularly serious circumstances shall be punished in accordance with the provisions of Article 141 of this Law. "
Article 151 of the Criminal Law is amended as: "Whoever smuggles weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment or death, and his property shall be confiscated; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
"Whoever smuggles cultural relics, precious metals such as gold and silver, or precious animals and their products whose import and export are prohibited by the state shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and his property shall be confiscated; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than five years and fined.
"Whoever smuggles rare plants and their products and other goods and articles whose import and export is prohibited by the state shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.
If a unit commits the crime specified in this article, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of each paragraph of this article.
27. The first paragraph of Article 153 of the Criminal Law is amended as: "Whoever smuggles goods and articles other than those specified in Articles 151, 152 and 347 of this Law shall be punished according to the seriousness of the case and the following provisions:
"(1) Whoever smuggles goods and articles and evades a large amount of tax payable, or smuggles after being given a second administrative punishment for smuggling within one year, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the tax payable.
"(2) Whoever smuggles goods and articles and evades the tax payable is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined not less than one time but not more than five times the tax payable.
(3) Whoever smuggles goods and articles and evades the tax payable is especially huge, or there are other especially serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than one time but not more than five times the tax payable, or his property shall be confiscated.
Twenty-eight, the first paragraph of Article 157 of the Criminal Law is amended as: "Whoever shields smuggling by armed means shall be given a heavier punishment in accordance with the provisions of the first paragraph of Article 151 of this Law."
29. Article 164 of the Criminal Law is amended as: "Whoever gives property to the staff of a company, enterprise or other unit for the purpose of seeking illegitimate interests, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
"Whoever gives property to foreign public officials or officials of international organizations in order to seek illegitimate commercial interests shall be punished in accordance with the provisions of the preceding paragraph.
"If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
If the briber voluntarily confesses before being prosecuted, the punishment may be mitigated or exempted.
Article 199 of the Criminal Law is amended as: "Whoever commits the crime specified in Article 192 of this section, if the amount is especially huge and causes particularly heavy losses to the interests of the state and the people, shall be sentenced to life imprisonment or death, and his property shall be confiscated."
3 1. Amend Article 200 of the Criminal Law to read: "If a unit commits the crimes specified in Articles 192, 194 and 195 of this section, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and fined. "
Thirty-two, delete the second paragraph of Article 205th of the Criminal Law.
33. One article is added after Article 205 of the Criminal Law as one of Article 205: "Whoever falsely issues invoices other than those specified in Article 205 of this Law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Thirty-four, delete the second paragraph of Article 206th of the Criminal Law.
35. One article is added after Article 210 of the Criminal Law as Article 210: "Whoever knowingly holds a large number of forged invoices shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance and shall also be fined; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Article 226 of the Criminal Law is amended as: "Whoever commits one of the following acts by violence or threat, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
"(a) buy and sell;
"(2) forcing others to provide or accept services;
"(three) forcing others to participate in or withdraw from the tender and auction;
"(4) Forcing others to transfer or purchase stocks, bonds or other assets of companies or enterprises;
"(5) forcing others to participate in or withdraw from specific business activities."
37. One article is added after Article 234 of the Criminal Law as one of Article 234: "Whoever organizes others to sell human organs shall be sentenced to fixed-term imprisonment of not more than five years and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or confiscated.
"Whoever picks up his organs without his consent, or picks up organs of people under the age of 18, or forces or deceives others to donate organs, shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.
Whoever, in violation of state regulations, picks up his corpse and organs against his will before his death, or picks up his corpse and organs against his will before his death without the consent of his close relatives, shall be convicted and punished in accordance with the provisions of Article 302 of this Law.
Article 244 of the Criminal Law is amended as: "Whoever forces others to work by means of violence, threat or restriction of personal freedom shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
"Whoever knowingly recruits or transports personnel or assists in forcing others to work shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the first paragraph.
39. Article 264 of the Criminal Law is amended as: "Whoever steals a large amount of public or private property, or repeatedly steals, enters a house, carries a weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. "
40. Article 274 of the Criminal Law is amended as: "Whoever extorts a large amount of public or private property or extorts it repeatedly shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined. "
4 1. One article is added after Article 276 of the Criminal Law as one of Article 276: "Those who evade paying laborers' remuneration by transferring property or hiding. , or by the relevant government departments ordered to pay the labor remuneration of workers but failed to pay, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
"If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
If the acts mentioned in the preceding two paragraphs have not caused serious consequences, the punishment may be mitigated or exempted if the laborer is paid labor remuneration and is liable for compensation according to law before prosecution is initiated.
42. Article 293 of the Criminal Law is amended as: "Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
"(a) beating others at will, and the circumstances are bad;
"(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
"(three) extortion or arbitrary damage, embezzlement of public or private property, if the circumstances are serious;
"(four) in public places, causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously disrupts social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
43. Article 294 of the Criminal Law is amended as: "Whoever organizes or leads an organization of a triad nature shall be sentenced to fixed-term imprisonment of not less than seven years, and his property shall be confiscated; Those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and may also be fined or confiscated; Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or deprivation of political rights, and may also be fined.
"Overseas underworld organization personnel to develop organization members in People's Republic of China (PRC), shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
"State functionaries who harbor underworld organizations or connive at underworld organizations to carry out illegal and criminal activities shall be sentenced to fixed-term imprisonment of not more than five years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
"Whoever commits the crimes mentioned in the preceding three paragraphs and commits other criminal acts shall be punished in accordance with the provisions of combined punishment for several crimes.
"Underworld organizations should also have the following characteristics:
"(a) the formation of a relatively stable criminal organization, a large number, a clear organizer, leader, the backbone members are basically fixed;
"(2) Obtaining economic benefits through illegal and criminal activities or other means in an organized manner, and having certain economic strength to support the activities of the organization;
"(3) organizing illegal and criminal activities for many times by violence, threats or other means, doing evil, bullying the weak and hurting the masses;
(4) carrying out illegal and criminal activities, or taking advantage of the cover and connivance of state functionaries to dominate one party, causing illegal control or significant influence in a certain area or industry, and seriously undermining the order of economic and social life.
Article 295 of the Criminal Law is amended as: "Whoever teaches criminal methods shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. "
Forty-five, the first paragraph of Article 328 of the Criminal Law is amended as: "Whoever excavates ancient cultural sites and ancient tombs with historical, artistic and scientific value shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated:
"(1) Excavating ancient cultural sites and ancient tombs designated as national key cultural relics protection units and provincial cultural relics protection units;
"(2) the ringleader of the group that excavates ancient cultural sites and ancient tombs;
"(three) repeatedly excavating ancient cultural sites and ancient tombs;
(four) excavating ancient cultural sites and ancient tombs, stealing precious cultural relics or causing serious damage to precious cultural relics.
46. Article 338 of the Criminal Law is amended as: "Whoever, in violation of state regulations, discharges, dumps or disposes of radioactive waste, waste containing pathogens of infectious diseases, toxic substances or other harmful substances, which seriously pollutes the environment, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "
47. The first paragraph of Article 343 of the Criminal Law is amended as: "Whoever, in violation of the provisions of the Mineral Resources Law, mines in state-planned mining areas, mining areas of great value to the national economy and other people's mining areas without obtaining a mining license, or mines specific minerals protected by the state, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also or shall only be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "
48. The third paragraph of Article 358 of the Criminal Law is amended as: "Whoever recruits or transports people or assists others in organizing prostitution for the purpose of organizing prostitution shall be sentenced to fixed-term imprisonment of not more than five years and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined. "
49. One article is added after Article 408 of the Criminal Law as one of Article 408: "Any functionary of a state organ responsible for food safety supervision and management who abuses his power or neglects his duty and causes serious food safety accidents or other serious consequences shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes especially serious consequences shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
"Whoever commits the crime mentioned in the preceding paragraph for selfish ends shall be given a heavier punishment."
Fifty, this amendment shall come into force as of May 6, 20 1 year.