3.04.2009

A quick look at the Criminal Law amendments/ 2

The first part of this post is here.

Receipt of stolen property.
Art. 312

A paragraph criminalizing receipt of stolen property by work units has been added to art. 312.
This should aid implementation of provisions on money laundering, contained in art. 191 of the CL and in the PRC Anti-Money Laundering Law.

Causing animal or plant epidemics. Art. 337

The amendment to art. 337 has been approved with changes in wording and punctuation. Violations of art. 337 will be punished with no more than 3 years fixed term imprisonment or criminal detention and fines only if they take place in "serious circumstances" (重情节严)

Production, sale, forgery, theft, trade, illegal supply, use of military uniforms or special symbols. Art. 375 par.2

The proposed amendment to this article covered the theft, forgery, trade, illegal supply or use of number plates of military vehicles. On February 28, provisions of paragraphs 2 and 3 were amended, and a fourth paragraph was added. Paragraph 2 now criminalizes only the manufacturing and trading of military uniforms. Penalties for those who forge, steal, trade in, supply or use military plates and other special symbols [par. 3] have been steeper, and can be of no less than three and no more than seven years fixed term imprisonment if this crime takes place in "expecially serious circumstances" (情节特别严重). Paragraph 4 covers crimes by work units.

Improper use of official power and position. Art. 388, par. 2, 3

A new paragraph has been added, that criminalizes influence peddling by close relatives of officials or any other person who has a close relationship with them.

Close relatives of officials or those who have a close relationship with them can be punished with no more than three years fixed term detention, criminal detention and a concurrent fine if:

they use the official's performance of duties, power, position or any other circumstance to seek benefit for, exort or accept money or property from a favour-seeker

OR

they use the performance of duties, power position etc. of any other official to perform the same act, provided that such official is 1) known by their relative; 2) known by the official they have close relationships with.

AND

The amount involved is relatively big OR circumstances are relatively serious (数额较大或者有其他较重情节的)

These acts can be punished with no less than three years and no more than seven years fixed term imprisonment and a concurrent fine if the amoung involved is big OR the circumstances are serious

Punishments above seven years fixed term imprisionment, a concurrent fine OR confiscation of property can be used if the amounts involved are particularly big OR particularly serious circumstances exist.

Officials who have left their office, their close relatives or those who have close relationship with them who use the officials' position or power to seek benefits, extort or accept money or property are punished according to these provisions.

Possession of a large amount of property from unexplained sources. Art. 395

Penalties for this crime have been raised to a maximum of ten years fixed term imprisonment, if the amount of property is "particularly big" 特别巨大