The special part of the Criminal Law will be posted on March 2
Criminal Law of the People's Republic of China
(as effective from May 1, 2011)
Chapter I
Tasks, Basic Principles, and Scope of Application of the Criminal Law
Article 1. This law is formulated in accordance with the Constitution and in light of the concrete experience of
Article 2. The tasks of the PRC Criminal Law are to use punishment struggle against all criminal acts to defend national security, the political power of the people’s democratic dictatorship, and the socialist system; to protect state-owned property and property collectively owned by the laboring masses; to protect citizens’ privately owned property; to protect citizens’ right of the person, democratic rights, and other rights; to maintain social and economic order; and to safeguard the smooth progress of the cause of socialist construction.
Article 3. Any act deemed by explicit stipulations of law as a crime is to be convicted and given punishment by law and any act that no explicit stipulations of law deems a crime is not to be convicted or given punishment.
Article 4. Every one is equal before the law in committing crime. No one is permitted to have privileges to transgress the law.
Article 5. The severity of punishments must be commensurate with the crime committed by an offender and the criminal responsibility he bears.
Article 6. This law is applicable to all who commit crimes within the territory of the PRC except as specially stipulated by law.
This law is also applicable to all who commit crimes aboard a ship or aircraft of the PRC.
When either the act or consequence of a crime takes place within PRC territory, a crime is deemed to have been committed within PRC territory.
Article 7. This law is applicable to PRC citizens who commit the crimes specified in this law outside the territory of the PRC; but those who commit the crimes, provided that this law stipulates a minimum sentence of less than a three-year fixed-term imprisonment for such crimes, may not be dealt with.
This law is applicable to PRC state personnel and military personnel who commit the crimes specified in this law outside PRC territory.
Article 8. This law may be applicable to foreigners, who outside PRC territory, commit crimes against the PRC state or against its citizens, provided that this law stipulates a minimum sentence of not less than a three-year fixed term of imprisonment for such crimes; but an exception is to be made if a crime is not punishable according the law of the place where it was committed.
Article 9. This law is applicable to the crimes specified in international treaties to which the PRC is a signatory state or with which it is a member and the PRC exercises criminal jurisdiction over such crimes within its treaty obligations.
Article 10. Any person who commits a crime outside PRC territory and according to this law bear criminal responsibility may still be dealt with according to this law even if he has been tried in a foreign country; however, a person who has already received criminal punishment in a foreign country may be exempted from punishment or given a mitigated punishment.
Article 11. The problem of criminal responsibility of foreigners who enjoy diplomatic privileges and immunity is to be resolved through diplomatic channels.
Article 12. If an act committed after the founding of the PRC and before the implementation of this law was not deemed a crime under the laws at that time, the laws at that time are to be applicable. If the act was deemed a crime under the laws at that time, and if under the provisions of Chapter IV, Section 8 of the general provisions of this law it should be prosecuted, criminal responsibility is to be investigated according to the laws at that time. However, if this law does not deem it a crime or imposes a lesser punishment, this law is to be applicable.
The effective judgments that were made according to the laws at that time before the implementation of this law will continue to be in force.
Chapter II
Crimes
Section 1
Crimes and Criminal Responsibility
Article 13. All acts that endanger the sovereignty, territorial integrity, and security of the state; split the state; subvert the political power of the people’s democratic dictatorship and overthrow the socialist system; undermine social and economic order; violate property owned by the state or property collectively owned by the laboring masses; violate citizens’ privately owned property; infringe upon citizens’ rights of the person, democratic rights. and other rights; and other acts that endanger society, are crimes if according to law they should be criminally punished. However, if the circumstances are clearly minor and the harm is not great, they are not to be deemed crimes.
Article 14. An intentional crime is a crime constituted as a result of clear knowledge that one’s own act will cause socially dangerous consequences, and of hope for or indifference to the occurrence of those consequences.
Criminal responsibility shall be borne for intentional crimes.
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Criminal responsibility is to be borne for negligent crimes only when the law so stipulates.
Article 16. Although an act objectively creates harmful consequences, if it does not result from intent or negligence but rather stems from irresistible or unforeseeable causes, it is not a crime.
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A person who has reached the age of fourteen but not the age of eighteen who commits the crimes of intentionally killing another or intentionally injuring another, even causing serious injury or death, and the crimes of rape, robbery, drug trafficking, arson, explosion, and poisoning shall bear criminal responsibility.
A person who has reached the age of fourteen but not the age of eighteen who commits a crime shall be given a lesser punishment or a mitigated punishment.
When a person is not criminally punished because he has not reached the age of eighteen, the head of his family or guardian is to be ordered to subject him to discipline. When necessary, he may also be given shelter and rehabilitation by the government.
A person who has reached the age of seventy-five who commits an intentional crime can be given a lesser punishment or a mitigated punishment; if he commits a negligent crime he must be given a lesser punishment or a mitigated punishment.
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A person whose mental illness is of an intermittent nature shall bear criminal responsibility if he commits a crime during a period of mental normality.
A mentally ill person who commits a crime at a time when he has not yet completely lost his ability to recognize or control his own conduct shall bear criminal responsibility but he may be given a lesser or a mitigated punishment.
An intoxicated person who commits a crime shall bear criminal responsibility.
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Article 20. Criminal responsibility is not to be borne for an act of legitimate defense that is under taken to stop present unlawful infringement of the state’s and public interest or the rights of the person, property or other rights of the actor or of other people and that causes harm to the unlawful infringer.
Criminal responsibility shall be borne where legitimate defense noticeably exceeds the necessary limits and causes great harm. However, consideration shall be given to imposing a mitigated punishment or to granting exemption from punishment.
Criminal responsibility is not to be borne for a defensive act undertaken against ongoing physical assault, murder, robbery, rape, kidnap, and other violent crimes that seriously endanger personal safety that causes injury or death to the unlawful infringer since such an act is not an excessive defense.
Article 21. Criminal responsibility is not to be borne for damage resulting from an act of urgent danger prevention that must be undertaken in order to avert the occurrence of present danger to the state or public interest or the rights of the person, property rights, or other rights of the actor or of other people.
Criminal responsibility shall be borne where urgent danger prevention exceeds the necessary limits and causes undue harm. However, consideration shall be given according to the circumstances to imposing a mitigated punishment or to granting exemption from punishment.
The provisions of the first paragraph with respect to preventing danger to oneself do not apply to a person who bears specific responsibility in his post or profession.
Section 2
Preparation for a Crime, Criminal Attempt and Discontinuation of a Crime
Article 22. Preparation for a crime is preparation of the instruments or creation of the conditions for the commission of a crime.
One who prepares for a crime may, in comparison with one who consummates the crime, be given a lesser punishment or a mitigated punishment or be exempted from punishment.
Article 23. Criminal attempt occurs when a crime has already begun to be carried out but is not consummated because of factors independent of the will of the offender.
One who attempts to commit a crime may, in comparison with one who consummates the crime, be given a lesser punishment or a mitigated punishment.
Article 24. Discontinuation of a crime occurs when, during the process of committing a crime, the actor voluntarily discontinues the crime or voluntarily and effectively prevents the consequences of the crime from occurring.
One who discontinues a crime shall be exempted from punishment when there is no harm done or be given a mitigated punishment when there is harm done.
Section 3
Joint Crimes
Article
A negligent crime committed by two or more persons jointly is not to be punished as a joint crime; those who should bear criminal responsibility are to be punished separately according to the crimes they have committed.
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A crime syndicate is a more or less permanent crime organization composed of three or more persons for the purpose of jointly committing crimes.
The head who organizes or leads a crime syndicate shall bear criminal responsibility for all the crimes committed by the syndicate.
A principal offender other that the one stipulated in the third paragraph shall bear criminal responsibility for all the crimes he participated in, organized, or directed.
Article 27. An accomplice is one who plays a secondary or supplementary role in a joint crime.
An accomplice shall, in comparison with a principal offender, be given a lesser punishment or a mitigated punishment or be exempted from punishment.
Article 28. One who is coerced to participate in a crime shall, according to the circumstances of his crime, be given a mitigated punishment or be exempted from punishment.
Article 29. One who instigates others to commit a crime shall be punished according to the role he plays in the joint crime. One who instigates a person under the age of eighteen to commit a crime shall be given a heavier punishment.
If the instigated person does not commit the instigated crime, the instigator may be given a lesser punishment or a mitigated punishment.
Section 4
Crimes Committed by a Unit
Article
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Chapter III
Punishments
Section 1
Types of Punishments
Article 32. Punishments are divided into principal punishments and supplementary punishments.
Article 33. The types of principal punishments are:
(1) control;
(2) Criminal detention;
(3) fixed-term imprisonment;
(4) life imprisonment; and
(5) The death penalty.
Article 34. The types of supplementary punishments are:
(1) Fines;
(2) Deprivation of political rights; and
(3) Confiscation of property.
Supplementary punishments may also be applied independently.
Article 35. Deportation may be applied in an independent or supplementary manner to a foreigner who commits a crime.
Article 36. Where the victim has suffered economic loss as a result of a criminal act, the offender, in addition to receiving criminal sanctions according to law, shall in accordance with the circumstances be sentenced to make compensation for the economic loss.
Where the offender bears responsibility for civil compensation and is also imposed a fine, if his property is not enough to pay the compensation and fine in full or if he has also been sentenced to confiscation of property, he shall first pay civil compensation to the victim.
Article 37. Where the circumstances of a person’s crime are minor and do not require sentencing for punishment, an exemption from criminal sanctions may be granted him, but he may, according to the different circumstances of each case, be reprimanded or ordered to make a statement of repentance or formal apology or make compensation for losses, or be subjected to administrative sanctions by the competent department.
Section 2
Control
Article 38. (Control) The term of control is not less than three months and not more than two years.
Offenders sentenced to control can – according to the circumstances of their crime – receive at the same time a court order to not engage in specific activities, to not enter specific areas, places, to not contact specific person during the term of control.
Offenders sentenced to control are subject to community correction according to the law.
Those who violate prohibition orders issued according to provisions in the second paragraph shall be punished by public security organs according to provisions in the Security Administration Punishment Law of the People’s Republic of
Article 39. An offender who is sentenced to control must abide by the following rules during the term in which his control is being carried out:
(1) abide by laws and administrative regulations, submit himself to supervision;
(2) shall not exercise the rights to freedom of speech, of the press, of assembly, of association, of procession, and of demonstration without the approval of the organ executing the control;
(3) report on his own activities pursuant to the rules of the organ executing the control;
(4) abide by the rules of the organ executing the control for meeting visitors;
(5) report and obtain approval from the organ executing the control for a change in residence or departure from the city or county.
An offender who is sentenced to control shall, while engaged in labor, receive equal pay for equal work.
Article 40. Upon the expiration of the term of the control, the organ executing the control shall announce the termination of control to the offender sentenced to control and to the masses concerned.
Article 41. The term of control is counted as commencing on the date the judgment begins to be executed; where custody has been employed before the judgment begins to be executed, the term is to be shortened by two days for each day spent in custody.
Section 3
Criminal Detention
Article 42. The term of criminal detention is not less a month and not more than six months.
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During the period of execution, a offender sentenced to criminal detention may go home for one or two days each month; consideration may be given according to the circumstances to granting compensation to those who participate in labor.
Article 44. The term of criminal detention is counted as commencing on the date the judgment begins to be executed; where custody has been employed before the judgment, the term is to be shortened by one day for each day spent in custody.
Section 4
Fixed-Term Imprisonment and Life Imprisonment
Article 45. Except as otherwise provided in Articles 50 and 69 of this Law, the term of fixed-term imprisonment is not less than six months and not more than fifteen years.
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part in labor, receive education, and undergo reform.
Article 47. The term of fixed-term imprisonment is counted as commencing on the date the judgment begins to be executed; where custody has been employed before the judgment begins to be executed, the term is to be shortened by one day for each day spent in custody.
Section 5
The Death Penalty
Article 48. The death penalty is only to be applied to offenders who commit the most heinous crimes. In the case of a offender who should be sentenced to death, if immediate execution is not essential, a two-year suspension of execution may be announced at the same time the sentence of death is imposed.
Except for judgments made by the Supreme People’s Court according to law, all sentences of death shall be submitted to the Supreme People’s Court for approval. Sentences of death with suspension of execution may be decided or approved by a high people’s court.
Article 49 (Limits to the use of the death penalty) The death penalty shall not be applied to persons who have not reached the age of eighteen at the time the crime is committed or to women who are pregnant at the time of adjudication.
The death penalty shall not be applied to those who have reached the age of seventy-five at the time of adjudication, with the exception of those who cause the death of another by particularly cruel means.
Article 50 (Commutation of the death penalty with a suspension of execution) If a person sentenced to death with a suspension of execution does not commit an intentional crime during the period of suspension, he is to be given a reduction of sentence to life imprisonment upon the expiration of the two-year period; if he demonstrates meritorious service, he is to be given a reduction of sentence to twenty-five years of fixed-term imprisonment upon the expiration of the two-year period; if there is verified evidence that he has committed an intentional crime, the death penalty is be executed upon review and approval by the Supreme People’s Court.
People’s courts can at the same time decide a limited reduction of sentence for those recidivists sentenced to death with a suspension of execution, and offenders sentenced to death with a suspension of execution for crimes of intentional murder, rape, robbery, kidnapping, arson, explosions, spreading dangerous substances or organized violent crimes.
Article 51. The term for suspending execution of a sentence of death is counted as commencing on the date the judgment becomes final. The term of a sentence that is reduced from the death penalty with suspension of execution to fixed-term imprisonment is counted as commencing on the date the suspension of execution expires.
Section 6
Fines
Article
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Upon the expiration of the period, one who has not paid is to be compelled to pay. Where the person sentenced is unable to pay the fine in full, the people’s court may collect whenever he is found in possession of executable property.
If a person truly has difficulties in paying because he has suffered irresistible calamity, consideration may be given according to the circumstances to granting him a reduction or exemption.
Section 7
Deprivation of Political Rights
Article 54. Deprivation of political rights is deprivation of the following rights:
(1) The right to elect and the right to be elected;
(2) the right to freedom of speech, of the press, of assembly, of association, of procession, and of demonstration;
(3) the right to hold a position in state organs; and
(4) the right to hold a leading position in a state-owned company, enterprise, or institution or people’s organization.
Article 55. The term of deprivation of political rights is not less than one year and not more than five years, except as otherwise stipulated in Article 57 of this Law.
In situations where a person is sentenced to control and to deprivation of political rights as a supplementary punishment, the term of deprivation of political rights is to be the same as the term of control, and the punishments are to be executed at the same time.
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sentenced to deprivation of political rights as a supplementary punishment.
Where deprivation of political rights is applied independently, stipulations in the Special Provisions of this Law shall be followed.
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When the death penalty with a suspension of execution is reduced to fixed-term imprisonment, or life imprisonment is reduced to fixed-term imprisonment, the term of the supplementary punishment of deprivation of political rights shall be changed to not less than three years and not more
than ten years.
Article 58. The term of the supplementary punishment of deprivation of political rights is counted as commencing on the date that imprisonment or criminal detention ends or on the date that parole begins; the deprivation of political rights is naturally to be effective during the period in which the principal punishment is being executed.
A offender who is deprived of political rights shall abide by laws, administrative regulations, and relevant regulations on supervision and administration promulgated by public security departments under the State
Council; submit to supervision; and is forbidden from exercising rights stipulated in Article 54 of this Law.
Section 8
Confiscation of Property
Article 59. Confiscation of property is the confiscation of part or all of the property personally owned by the offender. Where all of the property personally owned by the offender is confiscated, living expenses shall be set aside for the offender himself and the dependents he supports.
When a sentence of confiscation of property is imposed, property that belongs to or should belong to family members of the offender may not be confiscated.
Article 60. Where it is necessary to use the confiscated property to repay legitimate debts incurred by the offender before the property was confiscated, the debts shall be paid at the request of the creditors.
Chapter IV
The Concrete Application Of Punishments
Section 1
Sentencing
Article 61. When deciding the punishment of an offender, the sentence shall be imposed on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society, in accordance with the relevant stipulations of this law.
Article 62. Where the circumstances of an offender are such as to give him a heavier punishment or a lesser punishment under the stipulations of this law, he shall be sentenced to a punishment within the legally prescribed limits of punishment.
Article 63. (Mitigated punishment) Where the circumstances of an offender are such as to give him a mitigated punishment under the stipulations of this law, he shall be sentenced to a punishment below the legally prescribed punishment. If this law stipulates more than one degree of punishment, he shall be sentenced to a punishment within the lowest degree of the legally prescribed punishments.
Although the circumstances of an offender do not warrant giving him a mitigated punishment under the stipulations of this law, he too may be sentenced to a punishment below the legally prescribed punishment based on the special situation of the case and with the approval of the Supreme People’s Court.
Article 64. All articles of property illegally obtained by an offender shall be recovered or he shall be ordered to make restitution or pay compensation for them.
The legitimate property of the victims shall be promptly returned. Contraband and articles of the criminal’s own property used for committing the crime shall be confiscated.
Articles of confiscated property and fines shall be handed over to the national treasury and shall not be diverted or otherwise disposed of.
Section 2
Recidivists
Article 65. (Ordinary recidivism) An offender who has been sentenced to a punishment of not less than fixed-term imprisonment and who, within five years after his punishment has been completely executed or he has received a pardon, commits another crime for which he should be sentenced to a punishment of not less than a fixed-term imprisonment is a recidivist and shall be given a heavier punishment, with the exception of negligent crimes and offenders who have not reached the age of eighteen.
Article 66. (Special recidivism) Offenders who endanger state security, commit crimes of terrorism or of organizations in the nature of a criminal syndicate who, at any time after their punishment has been completely executed or they have received a pardon, commit another of the above-mentioned offences are all to be treated as recidivists.
Section 3
Voluntary Surrender and Meritorious Service
Article 67 (Voluntary surrender) The act of voluntarily giving oneself up to the police and giving a true account of one’s crime after committing it is an act of voluntary surrender. Offenders who voluntarily surrender may be given a lesser punishment or a mitigated punishment. Those among them whose crimes are relatively minor may be exempted from punishment.
Where criminal suspects, defendants, and criminals serving sentences give a true account of their other crimes which are not known to the judicial organ, their actions are regarded as an act of voluntary surrender.
Criminal suspects who do not display the conditions of voluntary surrender described in the two previous paragraphs, but who provide a truthful confession of their crimes can receive a lesser punishment. If a truthful confession of their crimes avoids the occurrence of particularly serious circumstances they can receive a mitigated punishment.
Article 68. Offenders who perform meritorious service by exposing other people’s crimes that can be verified or who provide important clues leading the cracking of other cases may be given a lesser punishment or a mitigated punishment. Those who performed major meritorious service may be given a mitigated punishment or may be exempted from punishment.
Section 4
Combined Punishment For More Than One Crime
Article 69. (Commission of more than one crime before judgment has been pronounced) If a person commits more than one crime before judgment has been pronounced, except where he is sentenced to death or to life imprisonment, the term of sentence that it is decided to be executed, in consideration of the circumstances, shall be less than the total term for all the crimes but more than the maximum term for the crime punishable by the heavier penalty. However, the term of control cannot exceed three years, the term of criminal detention cannot exceed one year, and fixed-term imprisonment cannot exceed twenty years if the total term for all the crimes is below 35 years. If the total term of imprisonment for all the crimes is above 35 years, fixed-term imprisonment cannot exceed 25 years.
If among the crimes there are any for which a supplementary punishment is to be imposed, the supplementary punishment must still be executed. Supplementary punishments are executed together if they are of the same kind. They are executed separately if they are of a different kind.
Article 70. If, after judgment has been pronounced but before the punishment has been completely executed, it is discovered that, before judgment was pronounced, the sentenced offender committed another crime for which he has not been sentenced, a judgment shall be rendered for the newly-discovered crime, and the punishment to be executed for the punishments sentenced in the two, former and latter, judgments decided according to the stipulations of Article 69 of this law. The term that has already been executed shall be counted in the term decided by the new judgment.
Article 71. If after judgment has been pronounced but before the punishment has been completely executed the sentenced offender again commits a crime, a judgment shall be rendered for the newly-committed crime, and the punishment to be executed for the punishment that has not been executed for the former crime and the punishment imposed for the latter crime decided according to the stipulations of Article 69 of this law.
Section 5
Suspension of Sentence
Article 72. (Conditions of use) A suspension of sentence may be pronounced for an offender who has been sentenced to criminal detention or to fixed-term imprisonment for not more than three years, if any of the following circumstances are present. A suspension of sentence must be pronounced for those who, among them, have not reached eighteen years of age, are gestating women or have reached seventy-five years of age:
(1) The circumstance of the crime are clearly minor;
(2) repentance is shown;
(3) there is no risk of committing further crimes;
(4) a suspension of sentence would not sort a negative influence on the community of residence
At the same time a suspension of sentence is pronounced, according to the circumstances of the crime it, an offender can be ordered not to perform specific activities, not to enter specific areas, places, not to contact specific persons during the period of probation.
If an offender for whom a suspension of sentence has been pronounced has been sentenced to a supplementary punishment, the supplementary punishment must still be executed.
Article 73. The probation period for suspension of criminal detention is to be not less than the term originally decided and not more than one year, but it may not be less than two months. The probation period for suspension of fixed-term imprisonment is to be not less than the term originally decided and not more than five years, but it may not be less than one year.
The probation period for suspension is to be counted as commencing on the date the judgment becomes final.
Article 74. (Suspension of sentence and recidivism) Suspension of sentence is not to be applied to recidivists and ringleaders of criminal syndicates.
Article 75. An offender for whom a suspension of sentence has been pronounced shall observe the following stipulations:
(1) observing the law and administrative statutes and accepting
supervision;
(2) reporting his activities in accordance with the stipulation of the
observing organ;
(3) following the observing organ’s stipulation on meeting visitors;
(4) reporting and applying to the observing organ for approval before leaving or moving from the city or county of residence.
Article 76. (Probation and its positive results) Community correction is used during the probation period on offenders for whom a suspension of sentence has been pronounced, provided there are no circumstances as stipulated in Article 77 of this law, upon expiration of the probation period, a public pronouncement that the punishment originally decided is not to be executed can be made.
Article 77. (Revocation of suspended sentences). If an offender for whom a suspension of sentence has been pronounced commits new crimes during the probation period for suspension or is discovered that, before judgment was pronounced, he committed another crime for which he has not been sentenced, the suspension is to be revoked and the punishment to be executed for the punishments imposed for the former and latter crimes is to be decided according to the stipulations of Article 69 of this law.
If, during the probation period for suspension, an offender for whom a suspension of sentence has been pronounced violates relevant provisions governing the supervision and control of suspension of sentence provided for in the law, administrative statutes, regulations by relevant departments of the State Council, or contravenes a prohibition order by people’s courts and the circumstances are serious, the suspension is to be revoked and the punishments originally imposed shall be executed.
Section 6
Reduction of Sentence
Article 78. An offender who is sentenced to control, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if, during the period his punishment is being executed, he earnestly observes prison regulations, accepts reform through education, truly repents, or performs meritorious service.
The sentence shall be reduced if any of the following meritorious services are performed:
(1) preventing someone from engaging in major criminal activities;
(2) informing on major criminal activities in or outside the prison that can be verified;
(3) making inventions or major technological renovations;
(4) risking his life to save others in day-to-day production activities and life;
(5) performing outstanding service in combating natural disaster or preventing major accidents;
(6) making other major contributions to the state or society.
After reduction of sentence, the term of punishment to be actually executed cannot be less than the following periods of time:
(1) for those sentenced to control, criminal detention, fixed term imprisonment, it cannot be less than two thirds of the original sentence;
(2) for those sentenced to life imprisonment, it cannot be less than thirty years;
(3) for offenders sentenced to death with a suspension of execution, whose sentence has received a limited reduction by people’s courts according to provisions of article 50, paragraph 2 of this law, and has been lawfully reduced to life imprisonment upon expiration of the period of suspension, it cannot be less than twenty-five years. If their sentence has been lawfully reduced to twenty-five years upon expiration of the period of suspension, it cannot be less than twenty years.
Article 79. To receive reductions of sentence for offenders, the organ executing the sentence shall submit letters of sentence reduction proposal to the people’s court at or above the intermediate level. The people’s court shall form a collegial panel to examine the proposals and to issue sentence reduction orders for those who demonstrate true repentance and performed meritorious service.
Article 80. The term of fixed-term imprisonment that is reduced from life imprisonment is counted as commencing on the date of the order reducing the sentence; no sentence reduction shall be made without due legal process.
Section 7
Parole
Article 81. (Conditions of use) An offender sentenced to fixed-term imprisonment of which not less than half has been executed, an offender sentenced to life imprisonment of which not less than 13 years has actually been executed, may be granted parole if he earnestly observes prison regulations, undergoes reform through education, demonstrates true repentance, and he does not pose the danger to commit further crimes.
Recidivists and those sentenced to fixed-term imprisonment of more than 10 years or to life imprisonment for the crimes of intentional murder, rape, robbery, kidnapping, arson, explosion, spreading dangerous substances or violent organized crimes shall not be granted parole.
In granting parole to offenders, the influence they will have on the community where they live after the period of parole.
Article 82. The granting of parole to offenders shall be carried out in accordance with the procedures stipulated in Article 79 of this law; no parole shall be granted without due legal process.
Article 83. The probation period for parole in the case of fixed-term imprisonment is the term that has not been completed; the probation period for parole in the case of life imprisonment is 10 years.
The probation period for parole is counted as commencing on the date of parole.
Article 84. Offenders granted parole shall observe the following stipulations:
(1) observing the law and administrative statutes and accepting supervision;
(2) reporting his activities in accordance with the stipulation of the supervising organ;
(3) observing the supervising organ’s stipulation on meeting visitors;
(4) reporting and applying to the observing organ for approval before leaving or moving from the city or county of residence.
Article 85. (The period of probation and its results) An offender who is granted parole during the probation period shall be subject to community correction. If there are no circumstances as stipulated in article 86 of this law, the punishment to which he was originally sentenced is to be considered as having been completely executed, and a public pronouncement to the effect shall be made accordingly.
Article 86. (Revocation of parole) If, during the probation period for parole, an offender commits any further crime, the parole is to be revoked and the punishment is to be executed for the punishment that has not been executed for the former crime and the punishment imposed for the latter crime decided according to the stipulations of Article 71 of this law.
If, during the probation period for parole, an offender contravenes the law, administrative regulations or contravenes regulations on the supervision of parole by relevant departments of the State Council, but does not commit any new crimes, parole is to be revoked in accordance with the legal procedure, and the parolee shall be returned to prison to complete the unfinished prison term.
Section 8
Limitation
Article 87. Crimes are not to be prosecuted where the following periods have elapsed:
(1) in cases where the maximum legally-prescribed punishment is fixed-term imprisonment of less than five years, where five years have elapsed;
(2) in cases where the maximum legally-prescribed punishment is fixed-term imprisonment of not less than five years and less than ten years, where ten years have elapsed.
(3) in cases where the maximum fixed-term imprisonment is not less than ten years, where fifteen years have elapsed.
(4) in cases where the maximum legally-prescribed punishment is life-imprisonment or death, where twenty Years have elapsed. If it is considered that a crime must be prosecuted after twenty years, the matter must be submitted to the Supreme People’s Procuratorate for approval.
Article 88. No limitation on the period for prosecution is to be imposed in cases where, after the people’s procuratorates, public security organs, or state security organs have filed to investigate or after the people’ s courts have decided to hear the cases, the offender escapes from investigation or adjudication.
No limitation on the period for prosecution is to be imposed in cases where, after the victims filed charges within the period for prosecution, the people’ s court, people’s procuratorates, or public security organs refused to file for investigation as they should.
Article 89. The period for prosecution is counted as commencing on the date of the crime; if the criminal act is of a continuous or continuing nature, it is counted as commencing on the date the criminal act is completed.
If any further crime is committed during the period for prosecution, the period for prosecution of the former crime is counted as commencing on the date of the latter crime.
Chapter V
Other Provisions
Article
Article 91. The term "public property" in this law refers to the following property:
(1) property owned by the state;
(2) property owned collectively by the laboring masses;
(3) public donations to be used for aiding the poor and other public services, or property of special funds.
Private property that is being managed, used or transported by state organs, state-owned corporations, enterprises, collective enterprises, and people’s organizations is to be treated as public property.
Article 92. The term "citizens’ private property" in this law refers to the following property:
(1) citizens’ lawful income, savings, houses and other means of livelihood;
(2) means of production that are under individual or family ownership according to law;
(3) lawful property of independent businesses and private enterprises;
(4) shares, stocks, securities and other property that are under individual ownership according to law.
Article 93. The term "state personnel" in this law refers to all personnel of state organs.
Personnel engaged in public service in state-owned corporations, enterprises, institutions, and people’s organizations; and personnel which state organs, state-owned corporations, enterprises, and institutions assign to engage in public service in nonstate-owned corporations, enterprises, institutions, and social organizations; as well as other working personnel engaged in public service according to the law, are to be treated as state personnel.
Article 94. The term "judicial personnel" in this law refers to personnel engaged in the functions of investigating, prosecuting, adjudicating, supervising and controlling offenders.
Article 95. The term "serious injury" in this law refers to any one of the following injuries:
(1) injuries resulting in loss of the use of a person’s limbs or disfigurement;
(2) injuries resulting in loss of the use of a person’s hearing, sight, or functions of any other organ; or
(3) other injuries that cause grave harm to a person’s physical health.
Article 96. The phrase "violating state stipulations" in this law refers to violation of laws and decisions formulated by the National People’s Congress or the National People’s Congress Standing Committee; and administrative measures prescribed in administrative ordinance and regulations formulated by the State Council; as well as decisions and decrees the State Council promulgated.
Article 97. The term "ringleader" in this law refers to an offender who plays the role of organizing, planning or directing a criminal group or a crowd assembled to commit a crime.
Article 98. The phrase "To be handled only upon complaint" in this law refers to handling a case only when the victim files a complaint. If the victim is unable to file a complaint because of coercion or intimidation, a people’s procuratorate and the victim’s close relatives may also file the complaint.
Article 99. Such phrases as "not less than," "not more than" and "within" in this law all include the given figure.
Article 100 (Reporting of criminal record). When people join the military, or seek employment, those who received criminal punishments according to law shall factually report to the relevant units the punishments they had received and may not conceal them.
Those who had not reached eighteen years of age at the time when they committed a crime, or have received a sentence to less than five years fixed-term imprisonment are exempted from the duty to report.
Article 101. The General Provisions of this law are applicable to other laws and decrees with stipulations for criminal punishments, but other laws having special stipulations are exceptions.
