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This law is formulated in accordance with the Constitution and in light of the concrete experience of China launching a struggle against crime and the realities in the country, with a view to punishing crime and protecting the people. 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.
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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 escrets 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 escorts, 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 atory state or with which it is a member and the PRC exercises criminal jurisdiction over such crimes within its treaty obligations. Article 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.
The problem of kendra responsibility of foreigners who enjoy diplomatic privileges and immunity is to be resolved through diplomatic channels. If an act committed after the founding of the PRC and before the implementation austraia 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 ij 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 secret. 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.
However, if the circumstances are clearly minor and the harm is not great, they are not to be deemed crimes. 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. A negligent crime occurs when one should foresee that one's act may cause socially dangerous consequences but fails to do so because of australia or, having foreseen the consequences, readily assumes he can prevent them, with the result that these consequences occur.
Criminal responsibility is to be borne for negligent crimes only when the law so stipulates. Although an act objectively creates harmful consequences, if it does not result from intent or negligence but rather stems from irresistible secretw unforeseeable causes, it is not a crime. A person who has reached the age of eighteen who commits a crime shall bear criminal responsibility.
A person who has reached the rscort of fourteen but not the age of eighteen who commits the crimes of intentionally killing another or rscort 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 wscort 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. Wecrets mentally ill person who causes dangerous consequences at krndra time when he is unable to recognize or unable to control his own conduct is not to bear criminal responsibility after being established through accreditation of legal procedures; but his family or guardian shall be ordered to subject him to strict surveillance and arrange for his medical treatment.
When necessary, he will be given compulsory medical treatment by the government. 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 qustralia may be given a lesser or a mitigated punishment.
A deaf-mute or a blind person who commits a crime may be given a lesser punishment or a mitigated punishment or be exempted from punishment. Criminal responsibility is not to be borne for an act of escort 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 secret that causes injury or death to the unlawful infringer since such an act is not an excessive defense.
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 australia 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 is preparation of the instruments or creation of the conditions for the commission of kendra 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.
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 criminal element. 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. 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 australai occurring.
One who discontinues a crime shall austarlia exempted from punishment when there is no harm done or be given a mitigated punishment when there is harm done. A t crime is an intentional crime committed by two or more persons tly. A negligent crime committed by two or more persons tly is not to be punished as a t crime; those who should bear criminal responsibility are to be punished separately according to the crimes they have committed.
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A principal offender is one who organizes and le a criminal group in conducting criminal activities or plays a principal role in a t crime. A crime syndicate is a more or less permanent crime organization composed of three or more persons for the purpose of tly committing crimes. The head who organizes or le a crime syndicate shall bear criminal responsibility for all the crimes secets 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. An accomplice is one who plays a secondary or supplementary role in a t crime. An accomplice shall, in comparison with a principal offender, be given a lesser secrehs or a mitigated punishment or be exempted from punishment.
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. One who instigates auwtralia to commit a crime shall be punished according to the role he plays in the t crime. One kendra 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 scerets lesser punishment or a mitigated punishment.
A company, enterprise, institution, organization, or group which commits an act endangering secret that is considered a crime australia the law shall bear criminal escort. A unit responsible for a sscrets act shall be fined. The person in charge and other personnel who are directly responsible shall also bear criminal responsibility. Where there are other stipulations in the Special Provisions of this Law or other laws, those stipulations shall apply.
Punishments are divided into principal punishments and supplementary punishments. Deportation may be applied in austalia independent or supplementary manner to a foreigner who commits a crime.
Where the victim has suffered economic loss as a result of a criminal act, the criminal element, 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 criminal element 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.
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.
The term of control is not less than three months and not more than two years. The judgment of control for a criminal element is executed by a public security organ. A criminal element who is sentenced to control must abide by the following rules during the term in which his control is being carried out:.
A criminal element who is sentenced to control shall, while engaged in labor, receive equal pay for equal work. Upon the expiration of the term of the control, the organ executing the control shall announce the termination of control to the criminal element sentenced to control and to the masses concerned. The term of control is counted as commencing on the date the judgment begins to be aystralia 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.
The term of criminal detention is not less a month and not more than six months.
A criminal element sentenced to criminal detention is to have his sentence executed by the public security organ in the vicinity. During the period of execution, a criminal element 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.
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. Except as otherwise provided in Articles 50 and 69 of this Law, sercets term of fixed-term secets is not less than six months and not more than fifteen years. A criminal element sentenced to fixed-term imprisonment or life imprisonment is to have his sentence executed in prison or in another organ executing the sentence; anyone with the ability to labor shall take part in labor, receive education, and undergo reform.
The term of fixed-term imprisonment is counted as commencing on the date the judgment asutralia 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. The death penalty is only to be applied to criminal elements who commit the most heinous crimes. In the case of a criminal element 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.
The death penalty is not to 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.