Amendments to the Criminal Law of the People's Republic of China (7)

(Adopted at the seventh meeting of the Standing Committee of the Eleventh National People's Congress on February 28, 2009)

1. The third paragraph of Article 151 of the Criminal Law is amended to read: "Smuggling rare plants and their products and other goods and articles prohibited by the state from importing and exporting shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, together with or solely punishment Golden; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of more than five years and fined."

2. Paragraph 1 of Article 180 of the Criminal Law is amended to read: "Persons who have knowledge of inside information on securities and futures transactions or those who illegally obtain inside information on securities and futures transactions are involved in the issuance of securities, securities, futures transactions or other Before the information that has a significant impact on the trading prices of securities and futures is made public, buy or sell the securities, or engage in futures transactions related to the inside information, or disclose the information, or express or imply that others are engaged in the above-mentioned trading activities, the circumstances In serious cases, he 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, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and also punished by one time more than five times the illegal income. Fines less than twice."

One paragraph is added as the fourth paragraph: “Practitioners of financial institutions such as stock exchanges, futures exchanges, securities companies, futures brokerage companies, fund management companies, commercial banks, insurance companies, etc., as well as staff of relevant regulatory authorities or industry associations, Where the use of other undisclosed information other than inside information obtained due to the convenience of the position, violates regulations, engages in securities and futures trading activities related to the information, or expressly or implies that others are engaged in related trading activities, the circumstances are serious, in accordance with the first paragraph Provide penalties."

3. Amend Article 201 of the Criminal Law to read: "A taxpayer who resorts to deception or concealment to make false tax declarations or fails to declare, and evades paying a large amount of tax and accounting for more than 10% of the tax payable shall be punished Fixed-term imprisonment or criminal detention under one year, and a fine; if the amount is huge and accounts for more than 30% of the tax payable, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine.

"The withholding agent adopts the methods listed in the preceding paragraph to fail to pay or underpay the tax withheld or collected. If the amount is relatively large, it shall be punished in accordance with the provisions of the preceding paragraph.

" For multiple implementations of the previous two paragraphs, if the acts have not been dealt with, the cumulative amount shall be calculated.

"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 has been paid, the late fee has been paid, and the administrative penalty has been imposed, the criminal responsibility shall not be pursued; however, the criminal penalty for evading tax payment within five years or Except for those who have been given more than two administrative penalties by the tax authority."

4. One article is added after Article 224 of the Criminal Law as one of Article 224: "Organizations and leaders, in the name of selling goods, providing services, and other business activities, require participants to pay fees or purchase Obtain the qualifications for joining by means of goods, services, etc., and form a hierarchy in a certain order, directly or indirectly use the number of development personnel as the basis for remuneration or rebates, to induce and coerce participants to continue to develop others to participate, defraud property, and disrupt economic and social order. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years and fined."

5. The third item of Article 225 of the Criminal Law is amended to read: "Illegal operations in securities, futures, and insurance businesses without the approval of relevant state authorities, or illegally engaged in fund payment and settlement business;"

6. Amend Article 239 of the Criminal Law to read: "Anyone who kidnaps another person for the purpose of extorting property, or kidnapping another person as a hostage, shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, a fine or confiscation of property; A lighter one shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.

"Anyone who commits the crime mentioned in the preceding paragraph and causes the abductee to die or kill the abductee shall be sentenced to death and confiscated property.

"Those who steal infants and young children for the purpose of extorting property shall be punished in accordance with the provisions of the preceding two paragraphs."

7. One article is added after Article 253 of the Criminal Law as one of Article 253: "The staff of state agencies or financial, telecommunications, transportation, education, medical and other units who violate national regulations will If the personal information of citizens obtained by this unit in the course of performing its duties or providing services is sold or illegally provided to others, if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine or a fine.

" Stealing or illegally obtaining the above-mentioned information by other means, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.

"Where a unit commits the crimes mentioned in the preceding two 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 paragraph."

8. One article is added after Article 262-1 of the Criminal Law as Article 262-2: "Those who organize minors to conduct theft, fraud, snatch, blackmail and other activities that violate public security management shall be punished. Fixed-term imprisonment of not more than three years or criminal detention, and a fine; if the circumstances are serious, a fixed-term imprisonment of not less than three years but not more than seven years and a fine."

9. Two paragraphs have been added to Article 285 of the Criminal Law as paragraphs 2 and 3: "Violation of national regulations, intrusion into a computer information system other than those specified in the preceding paragraph or using other technical means to obtain information from the computer information system Data stored, processed, or transmitted, or illegal control of 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, concurrently or solely with a fine; where the circumstances are particularly serious, not less than three years but not more than seven years Fixed-term imprisonment and fines.

"Provide programs and tools specifically used to invade or illegally control computer information systems, or provide programs and tools for others knowing that they have intruded or illegally controlled computer information systems. If the circumstances are serious, they shall be punished in accordance with the provisions of the preceding paragraph. ."

10. In Article 312 of the Criminal Law, a paragraph is added as the second paragraph: "Where a unit commits the crime mentioned in the preceding paragraph, the unit shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be subject to the preceding paragraph. Stipulated penalties."

11. The first paragraph of Article 337 of the Criminal Law is amended to read: "Where the violation of national regulations on animal and plant epidemic prevention and quarantine causes a major animal or plant epidemic, or the danger of causing a major animal or plant epidemic, and the circumstances are serious, Sentence to fixed-term imprisonment of not more than three years or criminal detention, concurrently or solely with a fine."

12. The second paragraph of Article 375 of the Criminal Law is amended to read: "Illegal production or sale of armed forces-style clothing, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and a fine or a fine. "

One paragraph is added as the third paragraph: "Forgery, theft, trading, or illegally providing or using armed forces vehicle license plates and other special signs, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and a fine or a fine; If the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall be fined."

As the fourth paragraph, the original paragraph 3 is amended to read: "Where a unit commits a crime in paragraphs 2 and 3, the unit shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be in accordance with the provisions of the respective paragraphs. Punishment."

13. After Article 388 of the Criminal Law, a new article is added as one of Article 388: “The close relatives of state personnel or other persons who are closely related to the state personnel shall Acts on the job, or taking advantage of the power or status of the staff of the country to obtain illegitimate benefits for the trustee by taking advantage of the functions and status of the staff in other countries, the amount is relatively large Or if there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine; where the amount is huge or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined; the amount is particularly huge or there are other Those with particularly serious circumstances shall be sentenced to fixed-term imprisonment of more than seven years, fined or confiscated.

"Where a resigned state official or his close relatives and other persons closely related to him use the former authority or status of the resigned state official to perform the acts in the preceding paragraph, he shall be convicted and punished in accordance with the preceding paragraph."

14. The first paragraph of Article 395 of the Criminal Law is amended to read: "If the property and expenditure of state personnel clearly exceed the legal income, and the difference is huge, the state personnel may be ordered to explain the source. If the source cannot be explained, the difference Partially based on illegal income, sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the difference is particularly large, sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. The difference in property shall be recovered."

Fifteen. This amendment shall take effect on the date of promulgation.