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(VII) on the Amendment of the People's Republic of China Criminal Law
Release time:
2012-07-04
(VII) on the Amendment of the People's Republic of China Criminal Law
(Adopted at the Seventh Meeting of the Standing Committee of the Eleventh National People's Congress on February 28, 2009)
The 1. amended the third paragraph of Article 151 of the Criminal Law to read: "Whoever smuggles rare plants and their products and other goods and articles prohibited by the state from import and export shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or separately be fined. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and a fine."
The 2. amends the first paragraph of Article 180 of the Criminal Law to read: "Persons who know inside information about securities or futures trading or who illegally obtain inside information about securities or futures trading shall buy or sell securities or engage in futures trading related to the inside information before the issuance of securities, securities or futures trading or other information that has a significant impact on the trading price of securities or futures is made public, or divulge the information, or express or imply that others are engaged in the above-mentioned trading activities, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than five times the illegal income."
One paragraph is added as the fourth paragraph: "Employees of stock exchanges, futures exchanges, securities companies, futures brokerage companies, fund management companies, commercial banks, insurance companies and other financial institutions, as well as staff of relevant regulatory departments or industry associations, take advantage of other undisclosed information other than inside information obtained for the convenience of their positions to engage in securities and futures trading activities related to the information in violation of regulations, or express or imply that others are engaged in relevant trading activities, and if the circumstances are serious, they shall be punished in accordance with the provisions of paragraph 1."
The 3. amended Article 201 of the Criminal Law to read: "Taxpayers who use deception or concealment to make false tax declarations or fail to declare, and evade paying a large amount of tax and account for more than 10% of the tax payable, shall be sentenced to three years Fixed-term imprisonment or criminal detention, and a fine; if the amount is huge and accounts for more than 30% of the tax payable, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine.
"If a withholding agent fails to pay or underpays the tax withheld or collected by the means listed in the preceding paragraph, if the amount is relatively large, he shall be punished in accordance with the provisions of the preceding paragraph.
"For repeated implementation of the first two acts, without processing, according to the cumulative amount.
"If there is an act in the first paragraph, after the tax authority has issued a notice of recovery in accordance with the law, the tax payable shall be paid, and the late fee shall be paid, and the administrative penalty has been imposed, the criminal responsibility shall not be investigated; however, the criminal penalty for evading tax payment within five years Or the administrative penalty imposed by the tax authority for more than two times."
The 4. adds an article after Article 224 of the Criminal Law as one of Article 224: "Organize and lead participants to obtain the qualification to join by paying fees or purchasing goods and services in the name of selling goods and providing services, and form a hierarchy in a certain order, directly or indirectly taking the number of development personnel as the basis for remuneration or rebate, to induce and coerce participants to continue to develop others to participate and defraud property, those who disrupt the economic and social order of pyramid schemes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined."
The 5. amended the third paragraph of Article 225 of the Criminal Law to read: "Those who illegally engage in securities, futures, or insurance business without the approval of the relevant competent department of the state, or illegally engage in fund payment and settlement business;"
The 6. amends Article 239 of the Criminal Law to read: "Whoever kidnaps another person for the purpose of extorting property, or kidnaps another person as a hostage, shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and a fine or confiscation of property; if the circumstances are relatively minor, 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 crime mentioned in the preceding paragraph causes the death of the kidnapped person or kills the kidnapped person, he shall be sentenced to death and concurrently be sentenced to confiscation of property.
"A thief who steals an infant or infant for the purpose of extorting property shall be punished in accordance with the provisions of the preceding two paragraphs."
It is 7. to add an article after Article 253 of the Criminal Law as one of Article 253: "Staff members of state agencies or financial, telecommunications, transportation, education, medical and other units, in violation of state regulations, will The personal information of citizens obtained in the course of performing duties or providing services is sold or illegally provided to others. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine or a fine.
"Whoever steals or illegally obtains the above-mentioned information by other means, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
"If a unit commits the crimes in the preceding two paragraphs, it shall be fined, and the persons directly in charge and other persons directly responsible for the crime shall be punished in accordance with the provisions of the respective paragraphs."
It is 8. to add an article after Article 262 of the Criminal Law as Article 262 bis: "Whoever organizes minors to commit theft, fraud, robbery, extortion and other activities that violate public security management 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 seven years, and shall also be fined."
The 9. adds two paragraphs to Article 285 of the Criminal Law as the second and third paragraphs: "Violating state regulations, invading computer information systems other than those specified in the preceding paragraph or using other technical means to obtain data stored, processed or transmitted in the computer information system, or illegally controlling the computer information system, 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, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be sentenced to a fine.
"Those who provide programs and tools specially used to invade or illegally control computer information systems, or provide them with programs and tools knowing that others have committed illegal and criminal acts of invading or illegally controlling computer information systems, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph."
The 10. adds a paragraph to Article 312 of the Criminal Law as the second paragraph: "If a unit commits the crime mentioned in the preceding paragraph, the unit shall be fined, and the persons directly in charge and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph."
11. The first paragraph of Article 337 of the Criminal Law is amended to read: "Whoever violates the national regulations on animal and plant epidemic prevention and quarantine, causing a major animal and plant epidemic, or is in danger of causing a major animal and plant epidemic, and the circumstances are serious, Sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely fined."
12. The second paragraph of Article 375 of the Criminal Law is amended to read: "Whoever illegally produces or trades in standard clothing of the armed forces, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or separately be fined."
One paragraph is added as the third paragraph: "Whoever forges, steals, buys or sells, or illegally provides or uses special signs such as the number plates of armed forces vehicles, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or separately 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 a fine."
The original third paragraph, as the fourth paragraph, is amended to read: "if a unit commits the crime in the second and third paragraphs, the unit shall be fined, and the person in charge and other persons directly responsible shall be punished in accordance with the provisions of the respective paragraphs."
13. After Article 388 of the Criminal Law, an article is added as one of Article 388: "The close relatives of state functionaries or other persons closely related to the state functionaries shall seek illegitimate benefits for the trustee through the acts of the state functionaries, or through the convenient conditions formed by the functions and powers or status of the state functionaries and through the acts of other state functionaries, whoever solicits or accepts property from the trustee, if the amount is relatively large or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; if the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined; if the amount is especially huge or if there are other serious circumstances, he shall be sentenced to more serious, he shall be fined.
"Where a former state official or his close relatives or other persons closely related to him take advantage of the convenience formed by the former state official's original authority or status to commit the acts referred to in the preceding paragraph, he shall be convicted and punished in accordance with the provisions of the preceding paragraph."
14. The first paragraph of Article 395 of the Criminal Law is amended to read: "If the property and expenditure of a state worker obviously exceeds his lawful income, and the difference is huge, the state worker may be ordered to explain the source; if the source cannot be explained, the difference shall be considered as illegal income and shall be sentenced to fixed-term imprisonment of not less than five years or criminal detention; if the difference is particularly large, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. The difference of property."
15. This Amendment shall enter into force on the date of its promulgation.
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