Amendment (IX) to the Criminal Law of the People's Republic of China

Charity Law of the People's Republic of China


1. Add a clause after Article 37 of the Criminal Law, as Article 37-1: "If a person is convicted of a crime committed by taking advantage of their professional convenience, or of a crime that violates specific duties required by their profession, the people's court may, based on the circumstances of the crime and the need to prevent recidivism, prohibit them from engaging in the relevant profession from the date of completion of the sentence or from the date of parole, for a period of three to five years."

"If a person prohibited from engaging in the relevant profession violates the decision made by the people's court in accordance with the preceding paragraph, the public security organ shall impose penalties according to the law; if the circumstances are serious, they shall be convicted and punished according to Article 313 of this law."

"If other laws or administrative regulations have prohibitive or restrictive provisions regarding their engagement in the relevant profession, those provisions shall prevail."

 

2. Amend the first paragraph of Article 50 of the Criminal Law to: "For those sentenced to death with a two-year reprieve, if no intentional crime is committed during the reprieve period, the sentence shall be commuted to life imprisonment after the two-year period; if there are significant meritorious performances, it shall be commuted to a fixed-term imprisonment of 25 years after the two-year period; if intentional crimes are committed and the circumstances are severe, the death penalty shall be executed upon approval by the Supreme People's Court; for those who have not executed the death penalty for intentional crimes, the period of the death penalty with a reprieve shall be recalculated and reported to the Supreme People's Court for record."

 

3. Amend Article 53 of the Criminal Law to: "Fines shall be paid in a lump sum or in installments within the time specified in the judgment. If not paid by the deadline, they shall be collected forcibly. If the fined person cannot pay the fine in full, the people's court shall recover it at any time upon discovering that the person subject to enforcement has property that can be enforced."

"If there are genuine difficulties in payment due to irresistible disasters or other reasons, the people's court may, upon ruling, allow for deferred payment, discretionary reduction, or exemption."

 

4. Add a paragraph to Article 69 of the Criminal Law as the second paragraph: "If there are multiple crimes including fixed-term imprisonment and detention, the fixed-term imprisonment shall be executed. If there are multiple crimes including fixed-term imprisonment and control, or detention and control, the fixed-term imprisonment and detention shall be executed first, and the control shall still be executed afterwards."

The original second paragraph shall be the third paragraph.

 

5. Amend Article 120 of the Criminal Law to: "Those who organize or lead terrorist organizations shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and shall have their property confiscated; those who actively participate shall be sentenced to fixed-term imprisonment of three to ten years, and shall be fined; those who participate in other ways shall be sentenced to fixed-term imprisonment of less than three years, detention, control, or deprivation of political rights, and may also be fined."

"Those who commit the crimes mentioned in the preceding paragraph and commit murder, explosion, kidnapping, or other crimes shall be punished according to the provisions of concurrent punishment for multiple crimes."

 

6. Amend Article 120-1 of the Criminal Law to: "Those who fund terrorist organizations, individuals who carry out terrorist activities, or fund training for terrorist activities shall be sentenced to fixed-term imprisonment of less than five years, detention, control, or deprivation of political rights, and shall be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of more than five years, and shall be fined or have their property confiscated."

"Those who recruit or transport personnel for terrorist organizations, carry out terrorist activities, or provide training for terrorist activities shall be punished according to the provisions of the preceding paragraph."

"If a unit commits the crimes mentioned in the previous two paragraphs, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished according to the provisions of the first paragraph."

 

7. Add five clauses after Article 120-1 of the Criminal Law, as Articles 120-2, 120-3, 120-4, 120-5, and 120-6:

"Article 120-2: Those who have any of the following circumstances shall be sentenced to fixed-term imprisonment of less than five years, detention, control, or deprivation of political rights, and shall be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of more than five years, and shall be fined or have their property confiscated:

"(1) Preparing weapons, dangerous goods, or other tools for carrying out terrorist activities;"

"(2) Organizing or actively participating in terrorist training;"

"(3) Contacting foreign terrorist organizations or personnel for carrying out terrorist activities;"

"(4) Planning or making other preparations for carrying out terrorist activities. If the behavior in the preceding paragraph also constitutes other crimes, they shall be convicted and punished according to the provisions of the more severe punishment."

"Article 120-3: Those who produce, distribute, or promote books, audio and video materials, or other items that advocate terrorism or extremism, or who incite the implementation of terrorist activities through teaching, publishing information, or other means, shall be sentenced to fixed-term imprisonment of less than five years, detention, control, or deprivation of political rights, and shall be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of more than five years, and shall be fined or have their property confiscated."

"Article 120-4: Those who use extremism to incite or coerce the public to undermine the marriage, judicial, education, social management, and other systems established by national laws shall be sentenced to fixed-term imprisonment of less than three years, detention, or control, and shall be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of more than three years but less than seven years, and shall be fined; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of more than seven years, and shall be fined or have their property confiscated."

"Article 120-5: Those who use violence, coercion, or other means to force others to wear or display clothing or symbols that promote terrorism or extremism in public places shall be sentenced to fixed-term imprisonment of less than three years, detention, or control, and shall be fined."

"Article 120-6: Those who knowingly illegally possess books, audio and video materials, or other items that promote terrorism or extremism, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of less than three years, detention, or control, and shall be fined or solely fined."

 

8. Amend Article 133-1 of the Criminal Law to: "Driving a motor vehicle on the road, if any of the following circumstances occur, shall be subject to detention and a fine:

"(1) Engaging in racing, with severe circumstances;"

"(2) Driving a motor vehicle while intoxicated;"

"(3) Engaging in school bus operations or passenger transport, severely exceeding the rated passenger capacity, or severely exceeding the prescribed speed limit;"

"(4) Transporting dangerous chemicals in violation of safety management regulations, endangering public safety."

"The owner or manager of the motor vehicle shall be directly responsible for the third and fourth behaviors mentioned in the preceding paragraph, and shall be punished according to the provisions of the preceding paragraph."

"If the behaviors in the previous two paragraphs also constitute other crimes, they shall be convicted and punished according to the provisions of the more severe punishment."

 

Article 151, paragraph 1 of the Criminal Law is amended to read: "Those who smuggle weapons, ammunition, nuclear materials, or counterfeit currency shall be sentenced to fixed-term imprisonment of more than seven years, and shall be fined or have their property confiscated; those with particularly serious circumstances shall be sentenced to life imprisonment and have their property confiscated; those with lighter circumstances shall be sentenced to fixed-term imprisonment of more than three years but less than seven years, and shall be fined."

Article 164, paragraph 1 of the Criminal Law is amended to read: "For the purpose of obtaining illegal benefits, giving property to staff of companies, enterprises, or other units, if the amount is large, shall be sentenced to fixed-term imprisonment of less than three years or criminal detention, and shall be fined; if the amount is huge, shall be sentenced to fixed-term imprisonment of more than three years but less than ten years, and shall be fined."

 

 

Article 170 of the Criminal Law is amended to read: "Those who counterfeit currency shall be sentenced to fixed-term imprisonment of more than three years but less than ten years, and shall be fined; if any of the following circumstances occur, they shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and shall be fined or have their property confiscated:

"(1) The principal members of a counterfeiting currency group;"

"(2) The amount of counterfeit currency is particularly huge;"

"(3) There are other particularly serious circumstances."

 

Article 199 of the Criminal Law is deleted.

 

Article 237 of the Criminal Law is amended to read: "Those who forcibly molest others or insult women by violence, coercion, or other means shall be sentenced to fixed-term imprisonment of less than five years or criminal detention.

"If the crime is committed in a crowd or in a public place, or if there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of more than five years."

"Those who molest children shall be punished more severely in accordance with the provisions of the previous two paragraphs."

 

Article 239, paragraph 2 of the Criminal Law is amended to read: "Those who commit the previous crime and kill the kidnapped person, or intentionally harm the kidnapped person, causing serious injury or death, shall be sentenced to life imprisonment or death, and shall have their property confiscated."

 

Article 241, paragraph 6 of the Criminal Law is amended to read: "Those who purchase abducted women and children, and do not abuse the purchased children, and do not obstruct their rescue, may be given a lighter punishment; if they do not obstruct the return of the purchased women to their original residence according to their wishes, they may be given a lighter or mitigated punishment."

 

Article 246 of the Criminal Law is supplemented with a third paragraph: "If the behavior specified in the first paragraph is carried out through information networks, and the victim reports to the people's court, but it is indeed difficult to provide evidence, the people's court may request the public security organ to provide assistance."

 

Article 253-1 of the Criminal Law is amended to read: "Those who violate national regulations and sell or provide personal information of citizens to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of less than three years or criminal detention, and shall be fined or punished separately; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of more than three years but less than seven years, and shall be fined."

"Those who violate national regulations and sell or provide personal information of citizens obtained in the course of performing duties or providing services to others shall be punished more severely in accordance with the provisions of the previous paragraph."

"Those who steal or illegally obtain personal information of citizens by other means shall be punished in accordance with the provisions of the first paragraph."

"If a unit commits the crimes specified in the previous three paragraphs, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of each paragraph."

 

Article 260, paragraph 3 of the Criminal Law is amended to read: "For the crime specified in the first paragraph, only those who report it shall be dealt with, except for cases where the victim is unable to report, or is unable to report due to coercion or intimidation."

 

A new Article 260-1 is added after Article 260 of the Criminal Law: "Those who abuse persons under guardianship, care, such as minors, the elderly, sick persons, and disabled persons, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of less than three years or criminal detention."

"If a unit commits the crime specified in the previous paragraph, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the previous paragraph."

"If the behavior specified in the first paragraph also constitutes other crimes, they shall be convicted and punished according to the provisions of the more severe punishment."

 

Article 267, paragraph 1 of the Criminal Law is amended to read: "Those who rob public or private property, if the amount is large, or if they rob multiple times, shall be sentenced to fixed-term imprisonment of less than three years, criminal detention, or control, and shall be fined or punished separately; if the amount is huge or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of more than three years but less than ten years, and shall be fined; if the amount is particularly huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and shall be fined or have their property confiscated."

 

A new fifth paragraph is added to Article 277 of the Criminal Law: "Those who violently attack people's police who are performing their duties according to law shall be punished more severely in accordance with the provisions of the first paragraph."

 

Article 280 of the Criminal Law is amended to read: "Those who forge, alter, buy, sell, or steal, rob, or destroy official documents, certificates, or seals of state organs shall be sentenced to fixed-term imprisonment of less than three years, criminal detention, control, or deprivation of political rights, and shall be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of more than three years but less than ten years, and shall be fined."

"Those who forge the seals of companies, enterprises, public institutions, or people's organizations shall be sentenced to fixed-term imprisonment of less than three years, criminal detention, control, or deprivation of political rights, and shall be fined."

"Those who forge, alter, or sell resident identity cards, passports, social security cards, driver's licenses, and other certificates that can be used to prove identity according to law shall be sentenced to fixed-term imprisonment of less than three years, criminal detention, control, or deprivation of political rights, and shall be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of more than three years but less than seven years, and shall be fined."

 

A new Article 280-1 is added after Article 280 of the Criminal Law: "In activities where identity proof is required according to national regulations, using forged, altered, or stolen resident identity cards, passports, social security cards, driver's licenses, and other certificates that can be used to prove identity, if the circumstances are serious, shall be subject to criminal detention or control, and shall be fined or punished separately."

"If the behavior specified in the previous paragraph also constitutes other crimes, they shall be convicted and punished according to the provisions of the more severe punishment."

 

Article 283 of the Criminal Law is amended to read: "Illegal production and sale of special espionage equipment or equipment for eavesdropping or photographing shall be sentenced to fixed-term imprisonment of less than three years, criminal detention, or control, and shall be fined or punished separately; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of more than three years but less than seven years, and shall be fined."

"If a unit commits the crime specified in the previous paragraph, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the previous paragraph."

 

Article 25: Add a new article after Article 284 of the Criminal Law, as Article 284-1: "Those who organize cheating in national examinations as prescribed by law shall be sentenced to imprisonment for not more than three years or criminal detention, and may also be fined; if the circumstances are serious, they shall be sentenced to imprisonment for more than three years but less than seven years, and fined."

"Those who provide cheating devices or other assistance for others to commit the crime mentioned in the previous paragraph shall be punished according to the provisions of the previous paragraph."

"Those who illegally sell or provide examination questions or answers as stipulated in the first paragraph for the purpose of cheating in examinations shall be punished according to the provisions of the first paragraph."

"Those who replace others or allow others to replace themselves in the examination stipulated in the first paragraph shall be subject to criminal detention or control, and may also be fined."

 

Article 26: Add a paragraph as the fourth paragraph in Article 285 of the Criminal Law: "If a unit commits the crimes mentioned in the previous three paragraphs, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished according to the provisions of each respective paragraph."

 

Article 27: Add a paragraph as the fourth paragraph in Article 286 of the Criminal Law: "If a unit commits the crimes mentioned in the previous three paragraphs, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished according to the provisions of the first paragraph."

 

Article 28: Add a new article after Article 286 of the Criminal Law, as Article 286-1: "If a network service provider fails to fulfill the information network security management obligations prescribed by laws and administrative regulations, and refuses to correct after being ordered by the regulatory authority to take corrective measures, and one of the following circumstances occurs, they shall be sentenced to imprisonment for not more than three years, criminal detention, or control, and may also be fined: "

"(1) Causing the illegal information to spread widely;"

"(2) Causing user information to leak, resulting in serious consequences;"

"(3) Causing the loss of evidence in criminal cases, with serious circumstances;"

"(4) Having other serious circumstances."

"If a unit commits the crime specified in the previous paragraph, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the previous paragraph."

"If the behaviors in the previous two paragraphs also constitute other crimes, they shall be convicted and punished according to the provisions of the more severe punishment."

 

Article 29: Add two articles after Article 287, as Article 287-1 and Article 287-2: "Article 287-1: Those who use the information network to commit one of the following acts, with serious circumstances, shall be sentenced to imprisonment for not more than three years or criminal detention, and may also be fined: "

"(1) Establishing websites or communication groups for committing fraud, teaching criminal methods, producing or selling prohibited items, controlled items, and other illegal activities;"

(2) Publishing information related to the production or sale of drugs, firearms, obscene materials, or other illegal information;"

"(3) Publishing information for committing fraud and other illegal activities."

"If a unit commits the crime mentioned in the previous paragraph, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished according to the provisions of the first paragraph."

"If the behaviors in the previous two paragraphs also constitute other crimes, they shall be convicted and punished according to the provisions of the more severe punishment."

"Article 287-2: Knowing that others are using the information network to commit crimes, providing them with internet access, server hosting, network storage, communication transmission, and other technical support, or providing advertising promotion, payment settlement, and other assistance, with serious circumstances, shall be sentenced to imprisonment for not more than three years or criminal detention, and may also be fined."

Article 30: Amend the first paragraph of Article 288 of the Criminal Law to read: "Violating national regulations, setting up and using radio stations (stations) without authorization, or using radio frequencies without authorization, disrupting radio communication order, and if the circumstances are serious, shall be sentenced to imprisonment for not more than three years, criminal detention, or control, and may also be fined; if the circumstances are particularly serious, they shall be sentenced to imprisonment for more than three years but less than seven years, and fined."

"If the behaviors in the previous two paragraphs also constitute other crimes, they shall be convicted and punished according to the provisions of the more severe punishment."

"If the behaviors in the previous two paragraphs also constitute other crimes, they shall be convicted and punished according to the provisions of the more severe punishment."

 

Article 31: Amend the first paragraph of Article 290 of the Criminal Law to read: "Gathering crowds to disrupt social order, with serious circumstances, causing work, production, business, teaching, scientific research, and medical services to be unable to proceed, resulting in serious losses, the principal offenders shall be sentenced to imprisonment for more than three years but less than seven years; for other actively participating individuals, they shall be sentenced to imprisonment for not more than three years, criminal detention, control, or deprivation of political rights."

 

Add two paragraphs as the third and fourth paragraphs: "Repeatedly disrupting the work order of state organs, and still not correcting after administrative punishment, causing serious consequences, shall be sentenced to imprisonment for not more than three years, criminal detention, or control."

"Repeatedly organizing and funding others to gather illegally, disrupting social order, with serious circumstances, shall be punished according to the provisions of the previous paragraph."

Article 32: Add a paragraph as the second paragraph in Article 291-1 of the Criminal Law: "Fabricating false emergency situations, epidemics, disasters, or police situations, spreading them on information networks or other media, or knowingly spreading the aforementioned false information, seriously disrupting social order, shall be sentenced to imprisonment for not more than three years, criminal detention, or control; if serious consequences are caused, they shall be sentenced to imprisonment for more than three years but less than seven years."

 

Article 33: Amend Article 300 of the Criminal Law to read: "Organizing or using cults, evil cult organizations, or using superstition to undermine the implementation of national laws and administrative regulations, shall be sentenced to imprisonment for more than three years but less than seven years, and fined; if the circumstances are particularly serious, they shall be sentenced to imprisonment for more than seven years or life imprisonment, and fined or have property confiscated; if the circumstances are relatively light, they shall be sentenced to imprisonment for not more than three years, criminal detention, control, or deprivation of political rights, and may also be fined."

 

"Organizing or using cults, evil cult organizations, or using superstition to deceive others, causing serious injury or death, shall be punished according to the provisions of the previous paragraph."

"If the crime in the first paragraph is committed along with adultery, fraud, and other criminal acts, they shall be punished according to the provisions of multiple crimes and penalties."

Article 34: Amend Article 302 of the Criminal Law to read: "Theft, insult, or intentional destruction of corpses, remains, or ashes shall be sentenced to imprisonment for not more than three years, criminal detention, or control."

 

Article 35: Add a new article after Article 307, as Article 307-1: "Bringing a civil lawsuit based on fabricated facts, obstructing judicial order or seriously infringing on the legitimate rights and interests of others, shall be sentenced to imprisonment for not more than three years, criminal detention, or control, and may also be fined; if the circumstances are serious, they shall be sentenced to imprisonment for more than three years but less than seven years, and fined."

 

"If the behavior in the first paragraph involves illegally occupying others' property or evading legal debts, and also constitutes other crimes, they shall be convicted and punished according to the provisions of the more severe punishment."

"If a unit commits the crime specified in the previous paragraph, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the previous paragraph."

"Judicial personnel who use their power to jointly commit the behaviors in the previous three paragraphs with others shall be punished more severely; if they also constitute other crimes, they shall be convicted and punished according to the provisions of the more severe punishment."

 

36. Add a new article after Article 308 of the Criminal Law, as Article 308-1: "Judicial staff, defenders, litigation agents, or other participants in litigation who disclose information that should not be made public in cases that are not publicly tried according to law, causing the information to be disseminated or other serious consequences, shall be sentenced to imprisonment for not more than three years, criminal detention, or control, and may also be fined or solely fined."

"If the above-mentioned behavior involves the disclosure of state secrets, it shall be convicted and punished according to the provisions of Article 398 of this law."

"Publicly disclosing or reporting case information as stipulated in the first paragraph, if the circumstances are serious, shall be punished according to the provisions of the first paragraph."

"If an entity commits the crime mentioned in the previous paragraph, the entity shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished according to the provisions of the first paragraph."

 

37. Amend Article 309 of the Criminal Law to: "Those who disturb court order in one of the following circumstances shall be sentenced to imprisonment for not more than three years, criminal detention, control, or fined:"

"(1) Gathering crowds to make noise or storm the court;"

"(2) Assaulting judicial staff or participants in litigation;"

"(3) Insulting, defaming, or threatening judicial staff or participants in litigation, not heeding the court's prohibition, and seriously disturbing court order;"

"(4) Destroying court facilities, seizing or damaging litigation documents, evidence, and other behaviors that disturb court order, if the circumstances are serious."

 

38. Amend Article 311 of the Criminal Law to: "Knowing that others have committed espionage crimes or terrorism/extremism crimes, refusing to provide information when judicial authorities investigate relevant situations or collect relevant evidence, if the circumstances are serious, shall be sentenced to imprisonment for not more than three years, criminal detention, or control."

 

39. Amend Article 313 of the Criminal Law to: "Those who have the ability to execute the judgments and rulings of the people's court but refuse to execute them, if the circumstances are serious, shall be sentenced to imprisonment for not more than three years, criminal detention, or fined; if the circumstances are particularly serious, they shall be sentenced to imprisonment for more than three years but less than seven years, and fined."

"If a unit commits the crime specified in the previous paragraph, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the previous paragraph."

 

40. Amend Article 322 of the Criminal Law to: "Violating national (border) management regulations, illegally crossing national (border) boundaries, if the circumstances are serious, shall be sentenced to imprisonment for not more than one year, criminal detention, or control, and fined; if crossing national (border) boundaries to participate in terrorist activities, receive terrorist training, or carry out terrorist activities, shall be sentenced to imprisonment for more than one year but less than three years, and fined."

 

41. Amend the first and second paragraphs of Article 350 of the Criminal Law to: "Violating national regulations, illegally producing, buying, selling, or transporting acetic anhydride, ether, trichloromethane, or other raw materials and agents used to manufacture drugs, or carrying the above items in and out of the country, if the circumstances are relatively serious, shall be sentenced to imprisonment for not more than three years, criminal detention, or control, and fined; if the circumstances are serious, shall be sentenced to imprisonment for more than three years but less than seven years, and fined; if the circumstances are particularly serious, shall be sentenced to imprisonment for more than seven years, and fined or have property confiscated."

"Knowing that others are manufacturing drugs and producing, buying, selling, or transporting the items specified in the previous paragraph, shall be treated as an accomplice in drug manufacturing."

 

42. Amend Article 358 of the Criminal Law to: "Organizing or forcing others to engage in prostitution shall be sentenced to imprisonment for more than five years but less than ten years, and fined; if the circumstances are serious, shall be sentenced to imprisonment for more than ten years or life imprisonment, and fined or have property confiscated."

"Organizing or forcing minors to engage in prostitution shall be punished more severely according to the provisions of the previous paragraph."

"Those who commit the crimes in the previous two paragraphs and have criminal acts such as murder, injury, rape, or kidnapping shall be punished according to the provisions of multiple crimes and penalties."

"Recruiting or transporting personnel for organizing prostitution or assisting others in engaging in prostitution shall be sentenced to imprisonment for not more than five years, and fined; if the circumstances are serious, shall be sentenced to imprisonment for more than five years but less than ten years, and fined."

 

43. Delete the second paragraph of Article 360 of the Criminal Law.

 

44. Amend Article 383 of the Criminal Law to: "For those who commit the crime of bribery, they shall be punished according to the severity of the circumstances as follows:"

"(1) If the amount of bribery is relatively large or there are other serious circumstances, they shall be sentenced to imprisonment for not more than three years or criminal detention, and fined."

"(2) If the amount of bribery is huge or there are other serious circumstances, they shall be sentenced to imprisonment for more than three years but less than ten years, and fined or have property confiscated."

"(3) If the amount of bribery is particularly huge or there are other particularly serious circumstances, they shall be sentenced to imprisonment for more than ten years or life imprisonment, and fined or have property confiscated; if the amount is particularly huge and causes particularly significant losses to the state and people's interests, they shall be sentenced to life imprisonment or death, and have property confiscated."

"For those who have committed bribery multiple times without being dealt with, they shall be punished according to the cumulative amount of bribery."

"For those who commit the crime in the first paragraph, if they truthfully confess their crimes before prosecution, sincerely repent, actively return stolen goods, and avoid or reduce the occurrence of damage, if they meet the first item of the provisions, they may be given a lighter, reduced, or exempted punishment; if they meet the second or third items of the provisions, they may be given a lighter punishment."

"For those who commit the crime in the first paragraph and are sentenced to death with a two-year suspension, the people's court may decide to reduce the death penalty to life imprisonment after the two-year suspension period expires according to the circumstances of the crime, and they shall be imprisoned for life without reduction or parole."

 

45. Amend Article 390 of the Criminal Law to: "For those who commit the crime of bribery, they shall be sentenced to imprisonment for not more than five years or criminal detention, and fined; if bribery is used to seek improper benefits, and the circumstances are serious, or if it causes significant losses to state interests, they shall be sentenced to imprisonment for more than five years but less than ten years, and fined; if the circumstances are particularly serious, or if it causes particularly significant losses to state interests, they shall be sentenced to imprisonment for more than ten years or life imprisonment, and fined or have property confiscated."

"If the briber voluntarily confesses their bribery behavior before being prosecuted, they may be given a lighter or reduced punishment. Among them, if the crime is relatively light, plays a key role in solving major cases, or has significant meritorious performance, they may be given a lighter or exempted punishment."

 

46. Add a new article after Article 390 of the Criminal Law, as Article 390-1: "Whoever bribes the close relatives of state personnel or other persons closely related to such state personnel, or bribes former state personnel or their close relatives and other persons closely related to them, for the purpose of obtaining improper benefits, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined; if the circumstances are serious, or if it causes significant losses to the national interests, the sentence shall be fixed-term imprisonment of more than three years but less than seven years, and shall be fined; if the circumstances are particularly serious, or if it causes particularly significant losses to the national interests, the sentence shall be fixed-term imprisonment of more than seven years but less than ten years, and shall be fined."

"If a unit commits the crime mentioned in the preceding paragraph, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined."

 

47. Amend the first paragraph of Article 391 of the Criminal Law to read: "Whoever, for the purpose of obtaining improper benefits, gives property to state organs, state-owned companies, enterprises, public institutions, or people's organizations, or violates national regulations in economic transactions by giving various forms of kickbacks or handling fees, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined."

 

48. Amend the first paragraph of Article 392 of the Criminal Law to read: "Whoever introduces bribes to state personnel, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined."

 

49. Amend Article 393 of the Criminal Law to read: "If a unit bribes for the purpose of obtaining improper benefits, or violates national regulations by giving kickbacks or handling fees to state personnel, and the circumstances are serious, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined. Any illegal income obtained from bribery shall be owned by individuals and shall be convicted and punished in accordance with the provisions of Articles 389 and 390 of this Law."

 

50. Amend Article 426 of the Criminal Law to read: "Whoever obstructs command personnel or duty personnel from performing their duties by violence or threats shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, the sentence shall be fixed-term imprisonment of more than five years but less than ten years; if the circumstances are particularly serious, the sentence shall be fixed-term imprisonment of more than ten years or life imprisonment. Heavier penalties shall be imposed during wartime."

 

51. Amend Article 433 of the Criminal Law to read: "Whoever spreads rumors to confuse the public and undermine military morale during wartime shall be sentenced to fixed-term imprisonment of not more than three years; if the circumstances are serious, the sentence shall be fixed-term imprisonment of more than three years but less than ten years; if the circumstances are particularly serious, the sentence shall be fixed-term imprisonment of more than ten years or life imprisonment."

 

52. This amendment shall come into effect on November 1, 2015.

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