刑法总则英文版

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中华人民共和国刑法总则（英文版I）

2007年09月22日星期六 1:58 P.M.

Criminal Law of the People's Republic of China

(Adopted by the Second Session of the Fifth National People's Congress on July 1, 1979, amended by the Fifth Session of the Eighth National People's Congress on March 14, 1997, promulgated by Order No.83 of the President of the People's Republic of China on March 14, 1997, and effective from October 1, 1997)

Contents

Part One General Provisions

Chapter I The Tasks, Basic Principles and Applicable Scope of the Criminal Law

Chapter II The Commission of a Crime

Section 1 The Commission of a Crime and Criminal Responsibility

Section 2 Preparation, Attempt and Discontinuance of a Crime

Section 3 Joint Crime

Section 4 Crime Committed by a Unit

Chapter III Punishments

Section 1 Types of Punishments

Section 2 Public Surveillance

Section 3 Criminal Detention

Section 4 Fixed-term Imprisonment and Life Imprisonment

Section 5 Death Penalty

Section 6 Financial Penalty

Section 7 Deprivation of Political Rights

Section 8 Confiscation of Property

Chapter IV The Concrete Application of Punishments

Section 1 Sentencing

Section 2 Recidivist

Section 3 Voluntary Surrender and Rendering Meritorious Service

Section 4 Combined Punishment for Several Crimes

Section 5 Suspension of Sentence

Section 6 Commutation of Punishment

Section 7 Parole

Section 8 Limitation

Chapter V Miscellaneous Provisions

Part Two S pecific Provisions

Chapter I Crime of Endangering the State Security

Chapter II Crime of Endangering the Public Security

Chapter III Crime of Disrupting the Order of Socialist Market Economy

Section 1 Crime of Producing or Selling Fake or Inferior Commodities

Section 2 Crime of Smuggling

Section 3 Crime of Disrupting the Order of Administering Companies and Enterprises Section 4 Crime of Disrupting the Order of Banking Administration

Section 5 Crime of Financial Fraud

Section 6 Crime of Jeopardizing the Administration of Tax Collection

Section 7 Crime of Infringing upon Intellectual Property

Section 8 Crime of Disturbing Market Order

Chapter IV Crime of Infringing upon the Citizen's Personal or Democratic Right Chapter V Crime of Encroaching on Property

Chapter VI Crime of Disrupting the Order of Social Administration

Section 1 Crime of Disturbing the Public Order

Section 2 Crime of Impairing Judicial Activities

Section 3 Crime of Impairing Control of the Border (Frontier)

Section 4 Crime of Impairing Control of Cultural Relics

Section 5 Crime of Jeopardizing Public Health

Section 6 Crime of Undermining Protection of Environment or Resources

Section 7 Crime of Smuggling, Trafficking in, Transporting or Producing Drugs Section 8 Crime of Organizing, Forcing, Luring, Sheltering or In troducing Women into Prostitution

Section 9 Crime of Producing, Selling or S preading Obscene Articles

Chapter VII Crime of Endangering Interests of National Defense

Chapter VIII Crime of Embezzlement or Bribery

Chapter IX Crime of Dereliction of Duty

Chapter X Crime of the Serviceman's Violation of Duty

Supplementary Provisions

Part One General Provisions

Chapter I The Tasks, Basic Principles and Applicable Scope of the Criminal Law

Article 1

For the purposes of punishing crimes and protecting the people, in accordance with the Constitution and in the light of the concrete experience and actual conditions of our country in fighting against crimes, this Law is formulated.

Article 2

The tasks of the Criminal Law of the People's Republic of China are: to employ criminal punishments to fight against all criminal acts for the purposes of defending the state's security, political power of the people's dictatorship and socialist system, safeguarding the properties owned by the State and the properties owned collectively by the working people, protecting the properties owned privately by citizens, protecting the rights of the person, democratic rights and other rights of citizens, maintaining the social order and economical order, and ensuring the smooth advance of the cause of socialist construction.

Article 3

An act which is expressly defined by law as a criminal act shall be convicted of a crime and sentenced in accordance with law and; if it is not expressly defined by law as a criminal act, it may not be convicted of a crime and sentenced.

Article 4

Any person who commits a crime shall be equal in applying the law. No person is privileged to be beyond the law.

Article 5

The seriousness of punishment shall be determined in accordance with the crime committed by the criminal and his criminal responsibility.

Article 6

This Law applies where a person commits a crime in the territory of the People's Republic of China, except as specially provided by law.

This Law also applies where a person commits a crime on board a ship or an aircraft of the People's Republic of China.

If, among the acts or results of a crime, one of them takes place in the territory of the People's Republic of China, it shall be deemed a crime committed in the territory of the People's Republic of China.

Article 7

This Law applies where a citizen of the People's Republic of China commits a crime set forth by this Law outside the territory of the People's Republic of China; where, however, subject to the provisions of this Law, the maximum punishment of fixed-term imprisonment for his crime is not more than three years, he may be exempt from investigation.

This Law applies where a public servant or serviceman of the People's Republic of China commits a crime set forth by this Law outside the territory of the People's Republic of China.

Article 8

This Law may apply where a crime against China or a citizen of the People's Republic of China committed by an alien outside the territory of the People's Republic of China and for which the minimum punishment of fixed-term imprisonment is not less than three years in accordance with the provisions of this Law, except where a crime is not punishable in accordance with the law of the place where it is committed.

Article 9

This Law applies to crimes set forth by the international treaties concluded or acceded to by the People's Republic of China and over which the People's Republic of China has criminal jurisdiction within its obligations in accordance with the treaties.

Article 10

A person who shall bear criminal responsibility according to this Law for his crime committed outside the territory of the People's Republic of China may still be investigated according to this Law, even if he has already been tried in a foreign country. Where, h owever, he has already received criminal punishment in a foreign country, he may be exempt from punishment or given a mitigated punishment.

Article 11

The criminal res ponsibility of an alien who enjoys diplomatic privileges and immunities shall be determined through the diplomatic channel.

Article 12

If an act committed after the founding of the People's Republic of China and before the entry into force of this Law was not deemed a crime under laws in force at the time, they shall apply. If the act was deemed a crime under laws in force at the time and is subject to prosecution in accordance with the provisions of Section 8 of Chapter IV of the General Provisions of this Law, criminal res ponsibility shall be demanded for according to laws in force at the time. Where, however, this Law does not deem it a crime or imposes a lighter punishment, this Law shall apply.

The effective judgments made in accordance with the laws in force at the time before the entry into force of this Law shall continue to be effective.

Chapter II The Commission of a Crime

Section 1 The Commission of a Crime and Criminal Responsibility

Article 13

All acts which endanger the sovereignty, territorial integrity or security of the State, dis member the nation, subvert the political power of the people's dictatorship, overthrow the socialist system, disrupt the social or economic order, infringe the properties owned by the State or the properties owned collectively by the working people, infringe the citizens' privately owned properties or infringe the right of the person, democratic right or any other right of citizens and all other acts which endanger the society shall be taken as crimes if, according to law, they shall be punished criminally, and if they are clearly of minor circumstances and little harm, shall not be taken as crimes.

Article 14

If a person clearly knows that his act will produce a dangerous result to the society and wishes or allows such a result to occur, thus constituting a crime, it shall be an intentional cri me.

A person who commits an intentional crime shall bear criminal res ponsibility.

Article 15

If a person should know that his act would produce a dangerous result to the society but fails to know due to his negligence or, has already known it but readily believes that it can be avoided, thus causing the result, it shall be a negligent crime.

A person who commits a negligent crime shall bear criminal res ponsibility only when the law provides therefor.

Article 16

An act which, due to unavoidable or unforeseeable reasons rather than intent or negligence, produces a harmful result in fact, is not a crime.

Article 17

A person who has attained the age of sixteen years shall bear criminal responsibility if he commits a crime.

A person who has attained the age of fourteen years and is under the age of sixteen years shall bear criminal responsibility if he commits a crime of intentional homicide, intentionally injuring another person to serious bodily injury or death, rape, robbery, selling drugs, arson, expl osion or spreading poison.

A person who has attained the age of fourteen years and is under the age of eighteen years shall be sentenced lightly or mitigatively if he commits a crime.

If a person commits a crime and is not sentenced criminally because he is under the age of sixteen years, his patriarch or guardian shall be ordered to control and educate him and, when

necessary, he may be taken in by the government for education.

Article 18

If a mental patient, at the time when he is unable to recognize or control his own act, causes a dangerous result, and such a circumstance is confirmed subject to legal procedures, he shall not bear criminal responsibility, but his family members or guardian shall be ordered to keep him strictly and arrange for his medical treatment and, when necessary, he shall be forced into medical treatment by the government.

A mental patient who has an intermittent nature shall bear criminal res ponsibility if he commits a crime at the time when he is in a normal mental state.

A mental patient who does not lose completely the ability to recognize or control his own act shall bear criminal responsibility but may be sentenced lightly or mitigatively if he commits a crime.

A intoxicated person who commits a crime shall bear criminal res ponsibility.

Article 19

A deaf-mute or blind person who commits a crime may be given a lighter or mitigated punishment or be exempt from punishment.

Article 20

If a person employs an act to stop an unlawful infringement for the purposes of avoiding the said infringement for the State's or the public interest or for his own or another person's right of the person, property right or any other right, thus causing harm to the unlawful infringer, the said act shall be regarded as a justifiable defense and the said person shall not bear criminal responsibility.

If a justifiable defense apparently exceeds the limits of necessity, thus causing a serious harm, the person involved shall bear criminal res ponsibility, but be given a mitigated punishment or be exempt from punishment.

If a person employs an act of defense to an immediate violent crime of committing physical assault, homicide, robbery, rape, kidnapping or any other crime seriously endangering the safety of another person, thus causing bodily injury or death to the unlawful infringer, the said act shall not be regarded as a defense that exceeds the limits of necessity, and the said person shall not bear criminal responsibility.

Article 21

A person who, for the purposes of avoiding an immediate danger to the State's or the public interest or to his own or another person's right of the person or property right or any other right, is compelled to employs an act under emergency, thus causing a harm, shall not bear criminal responsibility.

If an act under emergency to avert danger exceeds the limits of necessity, thus causing an undue

harm, the person involved shall bear criminal res ponsibility, but be given a mitigated punishment or exempt from punishment.

The provisions of paragraph 1 on avoidance of danger shall not apply to the persons who assume specific responsibilities in their posts and businesses.

Section 2 Preparation, Attempt and Discontinuance of a Crime

Article 22

The preparation of instruments or the creation of conditions for a crime is the preparation of a crime.

A person who prepares for a crime may be given a lighter or mitigated punishment or be exempt from punishment in comparison with one who consummates the crime.

Article 23

If a crime has already been begun but is prevented from completing by reasons independent of the criminal's will, it is the attempt of a crime.

A person who attempts to commit a crime may be given a lighter or mitigated punishment in comparison with one who consummates the crime.

Article 24

If, in the course of commission of a crime, the criminal voluntarily quits continuing the crime or voluntarily and effectively prevents the results of the crime from occurring, it is the discontinuance of a crime.

A person who discontinues a crime shall be exempt from punishment if no harm is caused and; if a harm is caused, be given a mitigated punishment.

Section 3 Joint Crime

Article 25

A joint crime means an intentional crime committed jointly by two or more persons.

A negligent crime committed jointly by two or more persons shall not be treated and punished as a joint crime; and if the persons involved shall bear criminal res ponsibility, they shall be sentenced separately upon the crimes they commit.

Article 26

A person who organizes or leads a criminal group to carry out criminal activities or plays a principal role in a joint crime is the principal criminal.

A relatively stable criminal organization which is composed of three or more persons jointly for

committing a crime is the criminal group.

A ringleader who organizes or leads a criminal group shall be sentenced upon all the crimes the group commits.

A principal criminal other than those set forth in paragraph 3 shall be sentenced upon all the crimes he participates in or organizes or commands.

Article 27

A person who plays a secondary or auxiliary role in a joint crime is the accomplice.

An accomplice shall be given a lighter or mitigated punishment or be exempt from punishment.

Article 28

A person who is compelled to participate in a crime shall be given a mitigated punishment or be exempt from punishment upon the circumstances of his crime.

Article 29

A person who instigates another person to commit a crime shall be sentenced upon the role he has played in the joint crime. A person who instigates another person who is under the age of eighteen years to commit a crime shall be sentenced heavily.

If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.

Section 4 Crime Committed by a Unit

Article 30

A company, an enterprise, an institution, an organ or an organization, which commits an act harmful to the society, shall bear criminal responsibility if the law holds such an act as a crime committed by a unit.

Article 31

If a unit commits a crime, the unit shall be sentenced to financial penalties and concurrently, the person-in-charge directly res ponsible and other persons directly responsible of the unit shall be sentenced criminally. Where the S pecific Provisions of this Law and other laws provide for otherwise, they shall govern.