The Criminal Law Amendment (Eleventh) adds 13 new articles and modifies 34 articles

Individually lowers the age of criminal responsibility

The Criminal Law Amendment (Eleventh) It stipulates that under "specific circumstances and special procedures", minors aged 12 to 14 who commit serious violent crimes will also bear criminal responsibility.

At the same time, clarify the disciplinary responsibilities of parents or other guardians, and provide for special correctional education in accordance with the law when necessary

Increase the protection of minors

Increase For the crime of sexual assault by persons with special duties, any person who has special responsibilities such as guardianship, adoption, care, education, medical treatment, etc. of a minor female who is over 14 years old but under 16 years old and has sexual relations with the minor female shall be sentenced to not more than three years in prison. Fixed-term imprisonment; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Amend the crime of rape of a young girl to clearly apply heavier penalties to those who rape a young girl under the age of 10 or cause harm to a young girl and other serious circumstances, and may be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death.

Modify the crime of child molestation to further clarify the specific circumstances under which child molestation will be severely punished, including molesting children multiple times or multiple times; causing injury to children or other serious consequences; and egregious means of molestation.

Strengthening criminal legal protection for epidemic prevention and control

Amend the crime of hindering the prevention and control of infectious diseases, clarifying that infectious diseases such as COVID-19 that are legally determined to adopt Class A infectious disease management measures are included in the adjustment of this crime scope.

Added provisions include refusing to implement prevention and control measures proposed by people's governments at or above the county level and disease prevention and control institutions in accordance with the law, and illegally selling and transporting contaminated items in epidemic areas and other criminal acts.

Intensify efforts to crack down on the crime of producing and selling inferior drugs

Amendment (11) to the Criminal Law stipulates the same punishment for the crime of producing and selling inferior drugs as the crime of producing and selling counterfeit drugs. Provisions: Whoever produces or sells inferior drugs that 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 also be fined; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or confiscated. property.

Severely punish financial chaos

The statutory maximum penalty for the crime of illegally absorbing public deposits will be increased from ten years to fifteen years in prison, the penalty structure for the crime of fund-raising fraud will be adjusted, and the punishment will be increased. Punishment for illegal fund-raising crimes.

It is clear that illegal debt collection activities will be severely punished, and the use of violence, "soft violence" and other means to collect illegal debts generated by loan sharking will be defined as a crime

Intensify the punishment The intensity of punishment for securities crimes.

Increase the crime of throwing objects at high altitude and snatching bus steering wheels

Throwing objects from buildings or other high altitudes, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or surveillance, and shall also be sentenced to or Single penalty. If the conduct in the preceding paragraph is committed and constitutes other crimes at the same time, the offender shall be convicted and punished in accordance with the provisions on heavier penalties.

Whoever uses violence against a driver of a moving public transport vehicle or seizes control of the driving control device, interferes with the normal operation of the public transport vehicle, and endangers the safety of the public transport vehicle, shall be sentenced to one year in prison. The following persons shall be sentenced to fixed-term imprisonment, criminal detention or public surveillance, and shall also or solely be fined.

Increase the crime of "impersonation"

Whoever steals or impersonates another person's identity, and replaces other people's higher education admission qualifications, civil servant recruitment qualifications, and employment placement benefits, shall be sentenced to not more than three years in prison. Fixed-term imprisonment, criminal detention or surveillance, and shall also be fined.

Whoever organizes or instructs others to commit the acts mentioned in the preceding paragraph shall be severely punished in accordance with the provisions of the preceding paragraph.

If a state functionary commits the acts in the preceding two paragraphs and constitutes other crimes, he shall be punished in accordance with the provisions of concurrent punishment for several crimes.

Increase the crime of insulting and slandering heroes and martyrs

The Criminal Law Amendment (11) is connected with the Law on the Protection of Heroes and Martyrs, and clearly defines the behavior of insulting and slandering heroes and martyrs as a crime. It stipulates that "whoever insults, slanders or otherwise infringes upon the reputation and honor of heroes and martyrs, harms the interests of the public, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights."

< p>Increase crimes such as illegal gene editing

The Criminal Law Amendment (11) is in line with the Biosafety Law and stipulates three additional types of crimes: crimes of illegally engaging in human gene editing and cloning embryos; crimes that seriously endanger the country Crimes related to the security of human genetic resources; crimes related to illegal disposal of invasive alien species, etc.

Modify and improve the provisions on intellectual property crimes

Appropriately increase the crime of selling counterfeit registered trademarks, illegally manufacturing and selling illegally manufactured registered trademarks, crimes of copyright infringement, and sales of infringements stipulated in the criminal law The penalties for six crimes, including the crime of reproduction and the crime of infringement of trade secrets, will be further increased.

The crime of "commercial espionage" has been added.

Legal basis:

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

1. Amend Article 17 of the Criminal Law to : "A person who has reached the age of 16 and commits a crime shall bear criminal responsibility.

"A person who has reached the age of 14 and is under the age of 16 is guilty of intentional homicide, intentional injury causing serious injury or death, rape, Those who commit crimes of robbery, drug trafficking, arson, explosion, or placing dangerous substances shall bear criminal responsibility.

“A person who is over 12 years old but under 14 years old is guilty of intentional homicide or intentional injury, causing death or causing serious injury and severe disability by particularly cruel means. The circumstances are abominable and the Supreme People’s Procuratorate If prosecution is approved, criminal responsibility shall be borne.

“Persons under the age of 18 who are investigated for criminal responsibility in accordance with the provisions of the first three paragraphs shall be given a lighter or reduced punishment.

“Those who are not subject to criminal punishment because they are under the age of 16 shall be ordered to discipline their parents or other guardians; when necessary, special correctional education shall be carried out in accordance with the law.”

2. An article is added after Article 133-1 of the Criminal Law as Article 133-2: “Using violence against the driver of a moving public transport vehicle or seizing control of the driving control device, interfering with the public transportation Any person who endangers the safety of public transportation while operating a transportation vehicle shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention, or public surveillance, and shall also or solely be fined.

“The driver prescribed in the preceding paragraph shall be fined. Anyone who leaves his post without authorization on public transportation, fights with or beats others, and endangers the safety of public transportation shall be punished in accordance with the provisions of the preceding paragraph.

“Anyone who commits the acts 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 penalties.”

3. Replace Article 134 of the Criminal Law, Article 2 The paragraph is revised to read: “Whoever forces others to carry out risky operations in violation of regulations, or who knowingly knows that there are major accident risks but fails to eliminate them, still risks organizing operations, resulting in a serious casualty accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are special Those who commit serious crimes shall be sentenced to fixed-term imprisonment of not less than five years."

4. Add an article after Article 134 of the Criminal Law as Article 134-1: "In production and operation. Anyone who violates relevant safety management regulations and falls under any of the following circumstances and has a real risk of serious casualties or other serious consequences shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or surveillance:

"(1) Closure , destroying monitoring, alarm, protection, and life-saving equipment and facilities that are directly related to production safety, or tampering with, concealing, or destroying relevant data and information;

"(2) Being ordered to do so in accordance with the law due to the existence of major accident risks Suspend production and business, stop construction, stop using relevant equipment, facilities, and places, or immediately take corrective measures to eliminate dangers but refuse to implement them;

“(3) Matters involving production safety are not approved in accordance with the law or Without permission, engage in highly dangerous production operations such as mining, metal smelting, construction, and the production, operation, and storage of dangerous goods without authorization. ”

5. Amend Article 141 of the Criminal Law to read: “Whoever produces or sells counterfeit medicines shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; causing serious harm to human health or If there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; if the crime causes death or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death, and shall also be fined or his property shall be confiscated.

“Any personnel of a drug-using unit who knowingly provides counterfeit drugs to others for use shall be punished in accordance with the provisions of the preceding paragraph.”

6. Article 142 of the Criminal Law Revised to read: "Whoever produces or sells inferior drugs that 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 also be fined; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined. Or the property may be confiscated.

“If a person in a drug-using unit knowingly provides inferior drugs to others for use, he shall be punished in accordance with the provisions of the preceding paragraph. ”

7. Add one article after Article 142 of the Criminal Law as Article 142-1: “Violation of drug management regulations and one of the following circumstances is sufficient to seriously endanger the human body Those who are healthy shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if they cause serious harm to human health or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined:

"(1) Producing and selling drugs prohibited by the drug regulatory department of the State Council;

"(2) Producing and importing drugs without obtaining relevant drug approval documents or knowingly selling them as the above-mentioned drugs

“(3) Providing false certificates, data, materials, samples or using other deceptive means when applying for registration of drugs;

“(4) Fabricating production and inspection records of.

“Anyone who commits the acts mentioned in the preceding paragraph and at the same time constitutes the crime stipulated in Articles 141 and 142 of this Law or other crimes shall be convicted and punished in accordance with the provisions of heavier punishment. ”

8. Amend Article 160 of the Criminal Law to read: “Concealing important facts or fabricating materially false content in prospectuses, subscription letters, company or enterprise bond raising methods and other issuance documents, issuance If the amount of stocks, company, enterprise bonds, depository receipts or other securities recognized by the State Council in accordance with the law is huge, the consequences are serious, or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined; if the amount is particularly huge, the consequences shall be serious, or there are other serious circumstances. If the consequences are particularly serious or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.

“Controlling shareholders or actual controllers who organize and instigate the conduct of the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than 20% but not more than one time of the amount of illegally raised funds. Fines; if the amount is particularly huge, the consequences are particularly serious, or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years and a fine of not less than 20% but not more than one time of the amount of illegally raised funds.

"Unit. Anyone who commits the crimes in the preceding two paragraphs shall be fined not less than 20% but not more than one time of the amount of illegally raised funds, and the person directly in charge and other directly responsible persons shall be punished in accordance with the provisions of the first paragraph. ”

9. Amend Article 161 of the Criminal Law to read: “Companies and enterprises that have information disclosure obligations in accordance with the law provide financial accounting reports that are false or conceal important facts to shareholders and the public. or fails to disclose other important information that should be disclosed in accordance with the law, seriously harming the interests of shareholders or other persons, or there are other serious circumstances, the person in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention , and shall be sentenced to a fine or solely; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined.

“If the controlling shareholder or actual controller of a company or enterprise as stipulated in the preceding paragraph implements, organizes, or instigates the conduct of the preceding paragraph, or conceals relevant matters causing the circumstances specified in the preceding paragraph to occur, the provisions of the preceding paragraph shall apply.

“If the controlling shareholder or actual controller who commits the crime in the preceding paragraph is a unit, the unit shall be fined, and the person in charge and other directly responsible persons shall be fined in accordance with the provisions of paragraph 1. Specify penalties. ”

10. Amend the first paragraph of Article 163 of the Criminal Law to read: “Staff of a company, enterprise or other unit take advantage of their position to solicit other people’s property or illegally accept other people’s property , seeking benefits for others, and if the amount is relatively large, he 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 or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years, and shall also be fined; if the amount is particularly huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and shall also be fined. Or if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined. ”

11. Amend the first paragraph of Article 175-1 of the Criminal Law to read: “Obtain loans, bill acceptances, letters of credit, letters of guarantee, etc., from banks or other financial institutions by deceptive means, to If a bank or other financial institution causes heavy losses, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if a bank or other financial institution causes particularly heavy losses or there are other particularly serious circumstances, he shall be sentenced to not less than three years or seven years. The following shall be punishable by fixed-term imprisonment and a fine. ”

12. Amend Article 176 of the Criminal Law to read: “Whoever illegally absorbs public deposits or absorbs public deposits in disguised form and disrupts financial order shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to Or a fine alone; 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined.

“If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

“Yes For the acts in the first two paragraphs, if the person actively returns the stolen goods and compensates before filing a public prosecution to reduce the damage, he may be given a lighter or reduced punishment. ”

13. Amend the first paragraph of Article 182 of the Criminal Law to read: “Under any of the following circumstances, manipulating the securities and futures markets to affect the trading prices of securities and futures or the trading of securities and futures If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and also fined:

"( 1) Individually or in collusion, concentrating capital advantages, shareholding or position advantages, or taking advantage of information advantages to jointly or continuously trade; Conducting securities and futures transactions;

“(3) Conducting securities transactions between accounts actually controlled by oneself, or using oneself as the trading object, buying and selling futures contracts by oneself;

< p>"(4) Frequently or in large quantities making declarations to buy or sell securities or futures contracts without the purpose of completing transactions and canceling the declarations;

"(5) Using false or uncertain material information, Inducing investors to conduct securities and futures transactions;

“(6) Making public evaluations, predictions or investment suggestions for securities, securities issuers, and futures trading subjects, while conducting reverse securities transactions or related futures transactions

“(7) Manipulating the securities and futures markets by other methods.

”

14. Amend Article 191 of the Criminal Law to read: “To cover up or conceal drug crimes, organized crimes of a mafia nature, terrorist activities, smuggling crimes, corruption and bribery crimes, and financial sabotage Whoever commits any of the following acts in relation to the sources and nature of the proceeds from administrative order crimes and financial fraud crimes and the proceeds therefrom shall have the proceeds from the commission of the above crimes and the proceeds therefrom confiscated, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to or A single fine shall be imposed; if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined:

“(1) Providing a fund account;

“(2) Converting property into cash, financial instruments, or securities;

"(3) Transferring funds through transfer or other payment and settlement methods;

"(4) Cross-border transfer of assets

“(5) Use other methods to conceal or conceal criminal proceeds and the source and nature of the proceeds.

“If a unit commits the crime in the preceding paragraph, the unit shall be fined. The person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. ”

15. Amend Article 192 of the Criminal Law to read: “Whoever uses fraud methods to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.” , and shall be fined; if the amount is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have property confiscated.

“If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.”

10 6. Amend Article 200 of the Criminal Law to read: “If a unit commits a crime specified in Articles 194 and 195 of this section, the unit shall be fined, and the person directly responsible for it and the person in charge shall also be fined. Other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may also be fined; if the amount is huge or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and also fined; if the amount is particularly huge or there are other particularly serious circumstances If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined."

17. Amend Article 213 of the Criminal Law to read: "Without the permission of the registered trademark owner, Anyone who uses the same trademark as his registered trademark on the same kind of goods or services, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also be fined, or shall be fined; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined ”

18. Amend Article 214 of the Criminal Law to read: “Whoever knowingly sells goods with counterfeit registered trademarks, and the amount of illegal income is relatively large, or there are other serious circumstances, shall be sentenced to not more than three years. A fixed-term imprisonment of not less than three years but not more than ten years, and a fine if the amount of illegal income is huge or there are other particularly serious circumstances. Article 215 is revised to read: “Whoever forges or manufactures without authorization the registered trademarks of others or sells the registered trademarks that have been forged or manufactured without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or shall be fined; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined."

20. Amend Article 217 of the Criminal Law to read: "For the purpose of profit, any person who infringes upon copyright or commits the following acts shall be punished. In one of the circumstances of copyright-related rights, if the amount of illegal gains is large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years, and concurrently or solely with a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, he shall be sentenced to three years to a fixed-term imprisonment of not less than 10 years but not more than 10 years, and to a fine:

“(1) Reproduction, distribution, and dissemination to the public through information networks of written works, music, fine arts, audio-visual works, computers, etc. without the permission of the copyright owner. Software and other works stipulated in laws and administrative regulations;

"(2) Publishing books for which others have exclusive publishing rights;

"(3) Making audio or video recordings without Without the permission of the performer, reproduce, distribute, and disseminate to the public through the information network the audio and video recordings produced by the performer; Disseminating their performances to the public through the Internet;

"(5) Producing and selling works of art that counterfeit the signatures of others;

"(6) Producing or selling works of art that are counterfeited by other people's signatures; Deliberately avoiding or destroying the technical measures taken by the right holder to protect copyright or copyright-related rights for its works, audio and video products, etc., without the permission of the right holder.

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