Whoever causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be fined not less than 50% but not more than two times the sales amount; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50% but not more than 2 times the sales amount or his property shall be confiscated. "
2. One paragraph is added to Article 152 as the second paragraph: "Whoever evades customs supervision and transports overseas solid waste, liquid waste and gas waste into the country, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years and shall also or only be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined. "
The original paragraph 2 is the third paragraph, which is amended as: "If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding two paragraphs."
3. Article 155 of the Criminal Law is amended as: "The following acts shall be punished as smuggling and punished in accordance with the relevant provisions of this section: (1) illegally purchasing goods prohibited by the state directly from smugglers, or illegally purchasing other smuggled goods and articles directly from smugglers in a relatively large amount;
(2) Transporting, purchasing or selling articles whose import and export are prohibited by the state in inland seas, territorial seas, rivers and lakes, or transporting, purchasing or selling a large number of goods and articles whose import and export are restricted by the state without legal certificates. "
4. One article is added after Article 244 of the Criminal Law as one of Article 244: "Whoever, in violation of labor management regulations, recruits minors under the age of 16 to engage in ultra-intense manual labor, aerial work or underground work.
Or engaged in labor in explosive, flammable, radioactive, toxic and other dangerous environments, if the circumstances are serious, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Whoever commits the acts mentioned in the preceding paragraph and causes an accident, which constitutes other crimes, shall be punished in accordance with the provisions on combined punishment for several crimes.
5. The third paragraph of Article 339 of the Criminal Law is amended as: "Whoever imports solid waste, liquid waste or gas waste that cannot be used as raw materials in the name of raw material utilization shall be convicted and punished in accordance with the provisions of the second and third paragraphs of Article 152 of this Law."
6. Article 344 of the Criminal Law is amended as: "Whoever, in violation of state regulations, illegally cuts and destroys plants under special state protection in precious trees or other countries, or illegally purchases, transports, processes and sells plants under special state protection in precious trees or other countries and their products, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also be fined;
If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. "
7. Amend Article 345th of the Criminal Law to read: "Whoever illegally cuts down forests or other trees in large quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the number is especially large, he shall be sentenced to fixed-term imprisonment of not less than seven years and fined.
"Whoever, in violation of the provisions of the Forest Law, wantonly cuts down forests or other trees in large quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
"Whoever illegally purchases or transports trees that he knows are illegally cut, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
"Whoever unlawfully and wantonly cuts down forests or other trees in national nature reserves shall be given a heavier punishment."
8. Article 399 of the Criminal Law is amended as: "bending the law, a judicial staff member, who makes a person who knows that he is innocent be prosecuted, deliberately shields a person who knows that he is guilty from prosecution, or deliberately violates facts and laws and perverts the law in criminal trial activities, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention;
If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years. "Whoever intentionally violates facts and laws and perverts the law in civil and administrative trial activities, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
"In the execution of a judgment or ruling, if he is seriously irresponsible or abuses his power, fails to take litigation preservation measures in accordance with the law, fails to perform his statutory duties of execution, or illegally takes litigation preservation measures or enforcement measures, thus causing heavy losses to the interests of the parties or others, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention;
Whoever causes particularly heavy losses to the interests of the parties concerned or others shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Judicial personnel who commit the acts mentioned in the preceding three paragraphs for accepting bribes, and at the same time constitute a crime as stipulated in Article 385 of the Cost Law, shall be convicted and punished in accordance with the provisions of heavier punishment.
9. This amendment shall come into force as of the date of promulgation.
Extended data
The focus of criminal law amendment:
1, 75 years from death
It is considered to be an important embodiment of the principle of combining leniency with severity and humanitarian legislation to write the stipulation that "the death penalty is not applicable to people who have reached the age of 75" into the draft amendment to the criminal law. However, this has also aroused people's concern about the deterioration of crimes committed by the elderly in ancient times.
2. Crime of whoring with young girls
On August 29th, 20 15, the 16th meeting of the 12th the National People's Congress Standing Committee (NPCSC) voted to pass the criminal law amendment (IX), and the crime of whoring with young girls was indeed deleted from the voting draft of the criminal law (IX). The revised amendment to the Criminal Law will be implemented on August 29th, 2011,when young girls will have sex with them.
Step 3 commute the death penalty
In the Eighth Amendment of the Criminal Law, the crime of 13 death penalty, the crime of heavier punishment for food safety crimes, the crime of dangerous driving and the crime of malicious unpaid wages were abolished.
From May 1 1 to May 1, 13, economic non-violent crimes were no longer sentenced to death, and the number of death penalty crimes in China was reduced from 68 to 55, accounting for nearly one-fifth of the death penalty crimes in China's criminal law. This is the most striking amendment in the Eighth Amendment to the Criminal Law. This is the first time since the promulgation of 1979 New China Criminal Law that the number of death penalty crimes has been reduced, which highlights the respect for life and the protection of human rights.
Reference source
Baidu Encyclopedia-Criminal Law Amendment