Criminal law is a law that stipulates crime, criminal responsibility and punishment. In order to safeguard its political rule and economic interests of all classes, the ruling class stipulates what acts are crimes, what criminal responsibilities should be borne and what criminal penalties should be given to criminal suspects according to its own will.

Criminal law amendment 1 full text

In order to punish crimes that undermine the order of the socialist market economy and ensure the smooth progress of socialist modernization, the following supplementary amendments are made to the Criminal Law: 1. One article is added after Article 162 as one of Article 162: "Whoever conceals or intentionally destroys accounting vouchers, accounting books and financial accounting reports that should be kept according to law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan." 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. "

2. Amend Article 168 of the Criminal Law to read: "Any employee of a state-owned company or enterprise who is seriously irresponsible or abuses his power, resulting in bankruptcy or serious losses of the state-owned company or enterprise, thus causing heavy losses to the national interests, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Those who cause particularly heavy losses to national interests shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. " Staff members of state-owned institutions who commit the acts mentioned in the preceding paragraph, thus causing heavy losses to national interests, shall be punished in accordance with the provisions of the preceding paragraph.

Any staff member of a state-owned company, enterprise or institution who engages in malpractices for personal gain and commits the crimes mentioned in the preceding two paragraphs shall be given a heavier punishment in accordance with the provisions of the first paragraph.

3. Article 174 of the Criminal Law is amended as: "Whoever establishes a commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other financial institution without the approval of the relevant competent department of the state shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan; 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 be fined not less than 50,000 yuan but not more than 500,000 yuan. " Whoever forges, alters or transfers the business licenses or approval documents of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions 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.

4. Article 180 of the Criminal Law is amended as: "If a person who knows or illegally obtains inside information about securities and futures trading buys or sells securities, or engages in futures trading related to inside information, or discloses the information before the disclosure of securities, securities and futures trading or other information that has a significant impact on the price of securities and futures trading, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined. If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall be fined not less than one time but not more than five times the illegal income. " 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 five years or criminal detention.

"The scope of insider information and insider personnel shall be determined in accordance with laws and administrative regulations."

5. Article 181 of the Criminal Law is amended as: "Whoever fabricates and disseminates false information that affects securities and futures trading and disrupts the securities and futures trading market, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than 10,000 yuan but not more than 100,000 yuan." Employees of stock exchanges, futures exchanges, securities companies and futures brokerage companies, and staff of securities industry associations, futures industry associations or securities and futures supervision and administration departments who intentionally provide false information or forge, alter or destroy trading records to trick investors into buying and selling securities and futures contracts, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the circumstances are especially bad, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. 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 sentenced to fixed-term imprisonment of not more than five years or criminal detention.

6. Article 182 of the Criminal Law is amended as: "Whoever manipulates the trading price of securities and futures, gains illegitimate interests or passes on risks, in any of the following circumstances, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than one time but not more than five times the illegal income: (1) centralizing the advantages of funds, holding shares or positions, and manipulating the trading price of securities and futures by taking advantage of information;

(2) colluding with others, trading securities and futures with each other at the time, price and manner agreed in advance, or buying and selling securities that are not held with each other, which affects the trading price or trading volume of securities and futures;

(3) buying and selling securities or buying and selling futures contracts without transferring the ownership of securities, which affects the trading price or volume of securities and futures;

(4) manipulating the trading prices of securities and futures by other means.

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 five years or criminal detention.

7. Article 185 of the Criminal Law is amended as: "Any employee of a commercial bank, a stock exchange, a futures exchange, a securities company, a futures brokerage company, an insurance company or any other financial institution who misappropriates the funds of his own unit or clients by taking advantage of his position shall be convicted and punished in accordance with the provisions of Article 272 of this Law." Staff of state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions, and personnel assigned by state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions to engage in public service in non-state-owned institutions as mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Article 384 of this Law. "8. One item is added to Article 225 of the Criminal Law as the third item:" Those who engage in securities, futures and insurance business illegally without the approval of the relevant competent departments of the state; "The original third to fourth.

Nine, this amendment shall come into force as of the date of promulgation.

Legal objectivity:

Introduction: In order to correctly apply the Criminal Law Amendment (VIII) of People's Republic of China (PRC), according to the relevant provisions of the Criminal Law, the relevant issues concerning the specific application of the Criminal Law are as follows: the Supreme People's Court's explanation on the time effect of the Criminal Law Amendment (VIII) of People's Republic of China (PRC) (April 20, the Supreme People's Court Judicial CommitteeNo./Kloc-0). With regard to the criminal cases tried by the people's courts after May 20 1 1, the relevant issues concerning the specific application of criminal law are as follows: Article 1 If a crime was committed before April 30/1/and should be sentenced to public surveillance or probation according to law, the people's court deems it really necessary to sentence the criminals to public surveillance or probation at the same time according to the circumstances of the crime. During the period of public surveillance or probation, if a criminal violates the prohibition order in the judgment of the people's court, the provisions of the fourth paragraph of Article 38 or the second paragraph of Article 77 of the revised Criminal Law shall apply. Article 2 Where a crime is committed before April 30th, 201/kloc-0, and the death penalty is suspended, the provisions of Article 50 of the Criminal Law before the amendment shall apply. The defendant is a recidivist, or the crime is intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes, and the crime is extremely serious. According to the revised criminal law, the suspended execution of death penalty can not reflect the principle of adapting crime to punishment. However, if a death sentence is suspended in accordance with the revised criminal law and it is decided to restrict commutation, the provisions of the second paragraph of Article 50 of the revised criminal law shall apply. Article 3 If a person sentenced to fixed-term imprisonment or more commits a crime that should be sentenced to fixed-term imprisonment or more before April 30, 20 1 1 after the execution of the punishment or pardon, whether it constitutes a recidivist shall be governed by the provisions of Article 65 of the Criminal Law before the amendment; However, the provisions of Article 65 of the revised Criminal Law are applicable to persons under the age of 18 at the time of the previous crime, regardless of whether they constitute recidivists. The provisions of Article 66 of the Criminal Law before the amendment shall apply to those who commit the crime of endangering national security before April 30, 20 1 1 after the execution of the penalty or pardon. The provisions of Articles 65 and 66 of the revised Criminal Law shall apply to those who are sentenced to fixed-term imprisonment or above, or who commit crimes against national security, terrorist activities, or underworld organizations and commit crimes again after May 1 1. Article 4 Whoever commits a crime before April 30, 20 1 1, but truthfully confesses his crime, although he does not have the circumstances of surrender, the provisions of the third paragraph of Article 67 of the revised Criminal Law shall apply. Article 5 Where a crime was committed before April 30, 20 1 1, and he surrendered himself after the crime and made significant meritorious service, the provisions of the second paragraph of Article 68 of the Criminal Law before the amendment shall apply. Article 6 If several crimes are committed before April 30, 20 1 1, and the punishment for several crimes should be combined, the provisions of Article 69 of the Criminal Law before the amendment shall apply; Combined punishment for several crimes before and after April 30th, 20 1 1 year, where one of the crimes occurred after May 30th, 201year, the provisions of Article 69 of the revised Criminal Law shall apply. The Supreme People's Court's Provisions on Several Issues Concerning the Suspended Execution of Death Penalty and Restricting the Trial Procedure of Commutation Cases In order to correctly apply the provisions on the suspended execution of death penalty in the Criminal Law Amendment (VIII) of People's Republic of China (PRC), according to the relevant provisions of the Criminal Procedure Law and the trial practice, the provisions on several issues concerning the trial procedure of related cases are as follows: Article 1 According to the provisions of the second paragraph of Article 50 of the Criminal Law, the people's court may, according to the circumstances of the crime and personal danger, For recidivists sentenced to death with a reprieve and criminals sentenced to death with a reprieve for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes, it is decided to limit and reduce the punishment. Article 2 The defendant may appeal if he refuses to accept the judgment of the people's court of first instance restricting commutation. Defenders and close relatives of the defendant may also appeal with the consent of the defendant. Article 3 The Higher People's Court, when trying or reviewing cases of suspension of execution of death penalty or restriction of commutation, thinks that the original judgment is applicable to the defendant's death penalty with suspension of execution, but if the restriction of commutation is improper, it shall revise the sentence and cancel the restriction of commutation. Article 4 If the Higher People's Court considers that the original judgment is clear in facts and sufficient in evidence, but the commutation should be restricted, it may not directly change the sentence or send it back for retrial. If it is really necessary to restrict commutation, a retrial shall be conducted in accordance with the procedure of trial supervision after the judgment or ruling of the second instance takes effect. The Higher People's Court shall not restrict the commutation of the defendant by raising the trial level. If it thinks that the commutation of sentence should be limited after reviewing the case of death sentence with suspension of execution. Article 5 The Higher People's Court may decide to restrict the commutation of the death sentence if it commutes the death sentence to a suspended sentence in the trial of a case of second instance sentenced to death, which conforms to the provisions of the second paragraph of Article 50 of the Criminal Law. If the Higher People's Court, after reviewing the cases that have not appealed or protested after being sentenced to death, considers that the sentence should be reduced, suspended or restricted, it may remand the case for retrial or remand it for retrial. Article 6 After reviewing the death penalty case, if the Supreme People's Court thinks that the defendant can be sentenced to a suspended execution or restricted commutation, it shall make a ruling not to approve it, revoke the original judgment and send it back for retrial. In one case, two or more defendants were sentenced to death, and after review by the Supreme People's Court, some of them were commuted to death with a suspended sentence, which is in line with the provisions of the second paragraph of Article 50 of the Criminal Law, and may also decide to limit the commutation. Article 7 The people's court's ruling that the defendant sentenced to death penalty with a suspended execution restricts commutation shall be announced as a separate item in the text of the judgment. Article 8 Matters that restrict the trial procedure of commutation cases, such as suspended execution of death penalty, shall be implemented in accordance with the provisions of the Criminal Procedure Law and relevant judicial interpretations.