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The Amendment (IX) to the Criminal Law of China


(Adopted at the 16th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on August 29, 2015)

 

The Amendment (IX) to the Criminal Law of the People's Republic of China, as adopted at the 16th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on August 29, 2015, is hereby issued, and shall come into force on November 1, 2015.

 

President of the People's Republic of China: Xi Jinping

August 29, 2015

 

 

1. One article is added after Article 37 of the Criminal Law as Article 37A: “Whoever is given a penalty due to a crime committed by taking advantage of his or her profession or a crime committed in violation of the specific obligations required by his or her profession may be prohibited by the people's court from engaging in the relevant profession for three to five years from the date when the penalty ends or the date when the person is released on parole in light of the circumstances of the crime committed and the need for preventing the commission of any other crime.

 

“Where a person who is prohibited from engaging in the relevant profession violates the decision made by a people's court in accordance with the provisions of the preceding paragraph, the person shall be given a penalty by the public security authority in accordance with the law and, if the circumstances are serious, be convicted and punished in accordance with the provisions of Article 313 of this Law.

 

“Where there are other prohibitive or restrictive provisions in any other law or administrative regulation on the person's engagement in the relevant profession, such provisions shall prevail.”


2. Paragraph 1 of Article 50 of the Criminal Law is amended to read: “Where a convict is sentenced to death with a reprieve, if he or she does not commit any intentional crime during the period of reprieve, the sentence shall be commuted to life imprisonment upon expiration of the two-year period; if he or she has any major meritorious performance, the sentence shall be commuted to imprisonment of 25 years upon expiration of the two-year period; if the criminal has committed an intentional crime with execrable circumstances, the death penalty shall be executed with the approval of the Supreme People's Court. If the crime is committed intentionally but the death penalty is not executed, the period of death penalty with a reprieve shall be recalculated and be reported to the Supreme People's Court for recordation.”


3. Article 53 of the Criminal Law is amended to read: “A fine shall be paid in a lump sum or in installments within the period specified in the judgment. The person who fails to pay the fine in full upon the expiration of the period shall be compelled to pay. If the person sentenced is unable to pay the fine in full, the people's court may collect whenever the person is found in possession of executable property.


“Where a person truly has difficulties in paying the fine because he or she due to irresistible calamity or any other reason, the people's court may render a ruling to postpone the payment of the fine, or grant a reduction or even exemption in light of the actual circumstances.”


4. One paragraph is added in Article 69 of the Criminal Law as paragraph 2: “If, for the plural crimes, imprisonment and criminal detention shall be imposed, the imprisonment shall be executed. If imprisonment and surveillance, or criminal detention and surveillance, shall be imposed for the plural crimes, surveillance shall still be executed after imprisonment or criminal detention is executed.”

The original paragraph 2 is changed into paragraph 3.


5. Article 120 of the Criminal Law is amended to read: “Whoever organizes or leads a terrorist organization shall be sentenced to imprisonment of not less than ten years or life imprisonment and a forfeiture of property; whoever actively participates in a terrorist organization shall be sentenced to imprisonment of not less than three years but not more than ten years in addition to a fine; and other participants shall be sentenced to imprisonment of not more than three years, criminal detention, surveillance or deprivation of political rights and may be fined in addition.


“Whoever commits the crime as provided for in the preceding paragraph and also commits murder, explosion, kidnapping or any other crime shall be punished according to the provisions on the joinder of penalties for plural crimes.”


6. Article 120A of the Criminal Law is amended to read: “Any individual who provides financial support to a terrorist organization or conducts terrorist activities, or provides training on terrorist activities shall be sentenced to imprisonment of not more than five years, criminal detention, surveillance or deprivation of political rights in addition to a fine; or if the circumstances are serious, be sentenced to imprisonment of not less than five years in addition to a fine or forfeiture of property.


“Whoever knowingly recruits, trains or transports any member workforce for any terrorist organization, for conducting any terrorist activities or for any terrorist activities shall be punished in accordance with the provisions of the preceding paragraph.


“Where an entity commits a crime as provided for in the preceding two paragraphs, a fine shall be imposed on the entity, and the directly responsible person in charge and other directly liable persons shall be punished in accordance with the provisions of paragraph 1.”

 

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