The Criminal Law Amendment (IX) of People's Republic of China (PRC) is as follows:
1. One article is added after Article 37 of the Criminal Law as one of Article 37: "If a person is sentenced for committing a crime by taking advantage of his position or violating a specific obligation required by his position, the people's court may, according to the situation of the crime and the need to prevent recidivism, prohibit him from engaging in related occupations from the date of completion of punishment or the date of parole for a period of three to five years.
"If a person who is prohibited from engaging in related occupations violates the decision made by the people's court in accordance with the provisions of the preceding paragraph, he shall be punished by the public security organ according to law; If the circumstances are serious, he shall be convicted and punished in accordance with the provisions of Article 313 of this Law.
Where other laws and administrative regulations prohibit or restrict them from engaging in related occupations, such provisions shall prevail.
2. Amend the first paragraph of Article 50 of the Criminal Law to read: "If there is no intentional crime during the suspended execution of the death penalty, it will be reduced to life imprisonment after the expiration of two years; If there is indeed a significant meritorious service, after the expiration of two years, it will be reduced to 25 years in prison; If the crime is intentional and the circumstances are bad, the death penalty shall be executed after being reported to the Supreme People's Court for approval; If the death penalty is not executed for intentional crimes, the time limit for suspension of execution of the death penalty shall be recalculated and reported to the Supreme People's Court for the record. "
Three. Article 53 of the Criminal Law is amended as: "The fine shall be paid in one lump sum or in installments within the time limit specified in the judgment. If it is not paid at the expiration of the period, it will be compulsory. If the fine cannot be paid in full, the people's court shall recover it at any time if it finds that the person subjected to execution has executable property.
If it is really difficult to pay due to irresistible disasters and other reasons, the people's court may postpone, reduce or exempt the payment as appropriate.
4. One paragraph is added to Article 69 of the Criminal Law as the second paragraph: "Whoever is sentenced to fixed-term imprisonment or criminal detention for several crimes shall be sentenced to fixed-term imprisonment. If a person is sentenced to fixed-term imprisonment, public surveillance, or criminal detention or public surveillance for several crimes, public surveillance must still be carried out after the execution of fixed-term imprisonment and criminal detention. "
The original second paragraph was the third paragraph.
5. Amend Article 120 of the Criminal Law to read: "Whoever organizes or leads a terrorist organization shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment with confiscation of property; Those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or deprivation of political rights, and may also be fined.
Whoever commits the crime mentioned in the preceding paragraph and commits crimes such as murder, explosion and kidnapping shall be punished in accordance with the provisions on combined punishment for several crimes.
6. Amend Article 120-1 of the Criminal Law to read: "Whoever finances a terrorist organization, an individual who carries out terrorist activities or finances terrorist training shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or confiscated.
"Whoever organizes or carries out terrorist activities or trains or transports personnel for terrorist activities shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the first paragraph.
Seven, five articles are added after Article 120 of the Criminal Law as Articles 122, 123, 124, 125 and 126:
"Article 120 bis Whoever falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or confiscated:
"(1) Preparing lethal weapons, dangerous goods or other tools for terrorist activities;
"(2) Organizing terrorist activities training or actively participating in terrorist activities training;
"(3) Contacting overseas terrorist organizations or personnel for the purpose of carrying out terrorist activities;
"(4) Planning or other preparations for terrorist activities." Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment.
"Article 120 ter Whoever produces and distributes books, audio-visual materials or other articles, teaches and publishes information, incites terrorist activities and promotes terrorism and extremism shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or confiscated.
"Article 124 Whoever incites or coerces the masses by extremism and undermines the implementation of the marriage, justice, education and social management systems as determined by national laws shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated.
"Article 125 Whoever forces others to wear clothes or signs that promote terrorism and extremism in public places by violence or coercion shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.
Article 126 Whoever knowingly illegally holds books, audio-visual materials or other articles that propagate terrorism and extremism, if the circumstances are serious, 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.
8. Article 133 of the Criminal Law is amended as: "Anyone who drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
"(a) chasing racing, if the circumstances are bad;
"(two) drunk driving a motor vehicle;
"(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers to carry passengers, or seriously exceeding the prescribed speed;
"(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, endangering public safety.
"Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished according to the provisions of heavier punishment.
9. Amend the first paragraph of Article 151 of the Criminal Law to read: "Whoever smuggles weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment and confiscation of property; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "
10. The first paragraph of Article 164 of the Criminal Law is amended as: "Whoever gives money or property to the staff of a company, enterprise or other unit for the purpose of seeking illegitimate interests, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined. "
1 1. Amend Article 170 of the Criminal Law to read: "Whoever forges money shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated:
"(1) ringleaders of counterfeit currency groups;
"(two) the amount of counterfeit currency is particularly huge;
"(3) There are other particularly serious circumstances."
12. Delete Article 199 of the Criminal Law.
Article 237 of the Criminal Law is amended as: "Whoever forcibly molests others or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
"Whoever gathers people in a public place or openly commits the crime mentioned in the preceding paragraph, or has other bad circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.
"Whoever molests a child shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs."
14. Amend the second paragraph of Article 239 of the Criminal Law to read: "Whoever commits the crime mentioned in the preceding paragraph and kills the kidnapped person, or intentionally hurts the kidnapped person, causing serious injury or death, shall be sentenced to life imprisonment or death, and his property shall be confiscated."
15. Amend the sixth paragraph of Article 241 of the Criminal Law to read: "Whoever buys abducted women and children, does not abuse the bought children and does not hinder the rescue, may be given a lighter punishment; If the woman is not prevented from returning to her original place of residence according to her wishes, she may be given a lighter or mitigated punishment. "
16. One paragraph is added as the third paragraph in Article 246 of the Criminal Law: "If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ for assistance."
17. One of Article 253 of the Criminal Law is amended as: "Whoever, in violation of relevant state regulations, sells or provides personal information of citizens to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, 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, in violation of the relevant provisions of the state, sells or provides others with personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
"Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph.
Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding three paragraphs.
18. the third paragraph of article 260th of the criminal law is amended as: "the crime in the first paragraph will be dealt with only if it is told, except that the victim cannot tell it, or because of coercion or intimidation."
19. One article is added after Article 260th of the Criminal Law as one of Article 260th: "Whoever maltreats minors, the elderly, the sick or the disabled, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
"If a unit commits the crime mentioned in the preceding paragraph, 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 paragraph.
Whoever commits the acts mentioned in the first paragraph and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
20. The first paragraph of Article 267 of the Criminal Law is amended as: "Whoever robs public or private property in a relatively large amount, or repeatedly robs it, 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 amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. "
2 1. Article 277 of the Criminal Law is added as the fifth paragraph: "Whoever violently attacks the people's police who perform their duties according to law shall be given a heavier punishment in accordance with the provisions of the first paragraph."
22. Article 280 of the Criminal Law is amended as: "Whoever forges, alters, buys or sells or steals, seizes or destroys official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, 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 ten years and shall also be fined.
"Whoever forges the seal of a company, enterprise, institution or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined.
"Whoever forges, alters or buys or sells resident identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, 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 fined. "
23. One article is added after Article 280 of the Criminal Law as one of Article 280: "Whoever uses forged, altered or stolen identity cards, passports, social security cards, driver's licenses and other certificates that can prove his identity according to law in activities that should provide identification according to state regulations, if the circumstances are serious, he shall be sentenced to criminal detention or public surveillance and shall also, or shall only, be fined." Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 283 of the Criminal Law is amended as: "Whoever illegally produces or sells special equipment for spies or special equipment for eavesdropping or stealing photos 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 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.
If a unit commits the crime mentioned in the preceding paragraph, 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 paragraph.
25. One article is added after Article 284 of the Criminal Law as one of Article 284: "Whoever cheats in the national examinations prescribed by law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only 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.
"Whoever provides cheating equipment or other assistance for others to commit the crime mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
"Whoever illegally sells or provides the test questions and answers specified in the first paragraph to others for the purpose of cheating in the exam shall be punished in accordance with the provisions of the first paragraph.
Those who replace others or let others take the examinations prescribed in the first paragraph instead of themselves shall be sentenced to criminal detention or public surveillance and shall also or only be fined.
26. Article 285 of the Criminal Law adds one paragraph as the fourth paragraph: "If a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of each paragraph."
27. Article 286 of the Criminal Law adds one paragraph as the fourth paragraph: "If a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the first paragraph."
28. One article is added after Article 286 of the Criminal Law, as one of Article 286: "Internet service providers fail to perform the obligations of information network security management stipulated by laws and administrative regulations, and refuse to make corrections after being ordered by the regulatory authorities. Under any of the following circumstances, he 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:
"(a) resulting in the dissemination of a large number of illegal information;
"(two) lead to the disclosure of user information, resulting in serious consequences;
"(3) Causing the loss of evidence in criminal cases, and the circumstances are serious;
"(four) there are other serious circumstances.
"If a unit commits the crime mentioned in the preceding paragraph, 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 paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished according to the provisions of heavier punishment.
Twenty-nine, two articles are added after Article 287th of the Criminal Law as one of Article 287th and Article 287th bis:
"Article 287 Whoever commits one of the following acts by using information networks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined:
"(a) the establishment of websites and distribution groups, fraud, teaching criminal methods, making or selling prohibited items, controlled items and other illegal and criminal activities;
(2) publishing information on manufacturing and selling drugs, guns, obscene articles and other prohibited articles, controlled articles or other illegal and criminal activities;
"(three) for the implementation of fraud and other illegal and criminal activities to release information.
"If a unit commits the crime mentioned in the preceding paragraph, 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 first paragraph.
"Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
"Article 287 bis Anyone who knowingly provides technical support to others, such as Internet access, server hosting, network storage, communication transmission, etc. Whoever commits a crime, or provides assistance such as advertising, payment and settlement, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.
"If a unit commits the crime mentioned in the preceding paragraph, 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 first paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished according to the provisions of heavier punishment.
30. The first paragraph of Article 288 of the Criminal Law is amended as: "Whoever, in violation of state regulations, sets up or uses a radio station without authorization, or uses radio frequencies without authorization to disturb the order of radio communication, if the circumstances are serious, 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 circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "
3 1. The first paragraph of Article 290 of the Criminal Law is amended as: "If a crowd is gathered to disturb social order and the circumstances are serious, so that work, production, business, teaching, scientific research and medical treatment cannot be carried out, and serious losses are caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or deprivation of political rights. "
Two paragraphs are added as the third and fourth paragraphs: "Whoever repeatedly disturbs the working order of state organs and fails to correct it after administrative punishment, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever organizes or subsidizes others to gather illegally for many times and disturbs social order, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
32. One paragraph is added as the second paragraph of Article 291-1 of the Criminal Law: "Whoever fabricates false information about danger, epidemic situation, disaster and early warning and spreads it on the information network or other media, or knowingly spreads it on the information network or other media, thus seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Those who cause serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. "
33. Article 300 of the Criminal Law is amended as: "Whoever organizes or uses cult organizations or uses superstition to undermine the implementation of state laws and administrative regulations 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 circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also or only be fined.
"Whoever organizes or uses a cult organization or uses superstition to deceive others, causing serious injuries or death, shall be punished in accordance with the provisions of the preceding paragraph.
"Whoever commits the crime mentioned in the first paragraph and commits the crime of raping women and defrauding property shall be punished in accordance with the provisions of combined punishment for several crimes."
Article 302 of the Criminal Law is amended as: "Whoever steals, insults or intentionally destroys a corpse, skeleton or ashes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance."
35. One article is added after Article 307 of the Criminal Law as one of Article 307: "Whoever brings a civil lawsuit with fabricated facts, impairs the judicial order or seriously infringes upon the legitimate rights and interests of others, 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 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.
"If a unit commits the crime mentioned in the preceding paragraph, 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 paragraph.
"Whoever commits the act in the first paragraph, illegally occupies other people's property or evades legal debts, which constitutes other crimes, shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.
"Judicial personnel who use their powers to commit the acts mentioned in the preceding three paragraphs in collusion with others shall be given a heavier punishment; If it constitutes other crimes at the same time, it shall be convicted and severely punished in accordance with the provisions of heavier punishment. "
36. One article is added after Article 308 of the Criminal Law as one of Article 308: "Judicial personnel, defenders, agents ad litem or other participants in litigation who disclose information that should not be made public in a case that is not tried in public according to law, thus causing public dissemination or other serious consequences, 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.
"Whoever commits the acts mentioned in the preceding paragraph and divulges state secrets shall be convicted and punished in accordance with the provisions of Article 398 of this Law.
"Public disclosure and reporting of the case information specified in the first paragraph, if the circumstances are serious, shall be punished in accordance with the provisions of the first paragraph.
"If a unit commits the crime mentioned in the preceding paragraph, 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 first paragraph".
Article 309 of the Criminal Law is amended as: "Whoever disturbs the court order under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine:
"(1) Gathering people to make trouble and storming the court;
"(2) Beating a judicial officer or a participant in a lawsuit;
"(3) Insulting, slandering, threatening judicial personnel or participants in litigation, refusing to listen to the court to stop them, and seriously disturbing the court order;
(4) destroying court facilities, robbing or destroying litigation documents and evidence, and other acts that disturb court order, if the circumstances are serious.
38. Article 311 of the Criminal Law is amended as: "Whoever knowingly refuses to provide relevant information when the judicial organs investigate and collect relevant evidence from others for espionage, terrorist activities or extremist activities, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance."
39. Article 313th of the Criminal Law is amended as: "Whoever refuses to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; 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.
If a unit commits the crime mentioned in the preceding paragraph, 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 paragraph.
40. Article 322 of the Criminal Law is amended as: "Whoever violates the laws and regulations of the country (border) and illegally crosses the country (border), if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also be fined; Whoever steals across the country (border) for the purpose of participating in terrorist organizations, receiving terrorist training or carrying out terrorist activities shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years and fined. "
4 1. Amend the first and second paragraphs of Article 350 of the Criminal Law to read: "Whoever, in violation of state regulations, illegally produces, buys, sells or transports acetic anhydride, ether, chloroform or other raw materials and preparations used in the manufacture of drugs, or carries the above-mentioned articles into or out of the country, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated.
Whoever knowingly manufactures, sells or transports the articles specified in the preceding paragraph by a drug manufacturer shall be punished for the crime of manufacturing drugs.
42. Article 358 of the Criminal Law is amended as: "Whoever organizes or forces others to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
"Whoever organizes or forces minors to engage in prostitution shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
"Whoever commits the crimes mentioned in the preceding two paragraphs and commits crimes such as murder, injury, rape and kidnapping shall be punished in accordance with the provisions on combined punishment for several crimes.
"Whoever recruits or transports people or assists others in organizing prostitution for the purpose of organizing prostitution shall be sentenced to fixed-term imprisonment of not more than five years and fined; 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 and fined. "
Forty-three, delete the second paragraph of Article 360th of the Criminal Law.
44. Article 383 of the Criminal Law is amended as: "Whoever commits the crime of corruption shall be punished in accordance with the following provisions according to the seriousness of the case:
"(a) the amount of corruption is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.
"(2) If the amount of corruption is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined or his property confiscated.
"(3) If the amount of corruption is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the amount is especially huge and the interests of the state and the people suffer particularly heavy losses, they shall be sentenced to life imprisonment or death, and their property shall be confiscated.
"For repeated corruption untreated, according to the cumulative amount of corruption punishment.
"Whoever commits the crime mentioned in the first paragraph, truthfully confesses his crime before initiating public prosecution, sincerely repents, actively returns stolen goods, and avoids or reduces the occurrence of damage results, may be given a lighter, mitigated or exempted punishment under the circumstances specified in the first paragraph; In the case of the second and third provisions, a lighter punishment may be given.
If a person commits the crime mentioned in the first paragraph and is sentenced to a suspended sentence under the circumstances specified in the third paragraph, the people's court may, according to the circumstances of the crime, at the same time decide to reduce his death sentence to life imprisonment after the expiration of the two-year suspension of execution, without commutation or parole.
45. Article 390 of the Criminal Law is amended as: "Whoever pays bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever seeks illegitimate interests by bribery, if the circumstances are serious or cause heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; If the circumstances are especially serious, or the interests of the state suffer particularly heavy losses, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
"If a briber voluntarily confesses to pay bribes before being prosecuted, he may be given a lighter or mitigated punishment. Among them, if the circumstances of the crime are minor, it plays a key role in detecting major cases, or if there is significant meritorious service, the punishment may be mitigated or exempted. "
46. One article is added after Article 390 of the Criminal Law as one of Article 390: "Whoever, in order to seek illegitimate interests, offers bribes to close relatives of state functionaries or other people closely related to state functionaries, or to state functionaries who leave their posts or their close relatives and other people closely related to state functionaries, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious, or the national interests suffer heavy losses, they 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 circumstances are especially serious or the interests of the state suffer particularly heavy losses, they shall be sentenced to fixed-term imprisonment of not less than seven years but not more than ten years and shall also be fined.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.
47. The first paragraph of Article 391 of the Criminal Law is amended as: "Whoever gives property to a state organ, a state-owned company, an enterprise, a public institution or a people's organization in order to gain illegitimate interests, or gives kickbacks or service fees in various names in violation of state regulations in economic exchanges, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined."
Forty-eight, the first paragraph of Article 392 of the Criminal Law is amended as: "Whoever introduces bribes to state functionaries, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined."
49. Article 393 of the Criminal Law is amended as: "If a unit pays bribes for illegitimate interests, or gives kickbacks or handling fees to state staff in violation of state regulations, if the circumstances are serious, the unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined. If the illegal gains from accepting bribes are owned by individuals, they shall be convicted and punished in accordance with the provisions of Articles 389 and 390 of this Law. "
50. Article 426 of the Criminal Law is amended as: "Whoever obstructs commanders or personnel on duty 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, 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, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Severe punishment in wartime. "
5 1. Amend Article 433 of the Criminal Law to read: "Whoever spreads rumors to confuse people and shake the morale of the army in wartime shall be sentenced to fixed-term imprisonment of not more than three years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. "
52. This amendment shall come into force on 20 15+0 1 day.