Amendment (VII) to the Criminal Law of the People's Republic of China (adopted at the 7th meeting of the 11th National People's Congress Standing Committee on February 28th, 29)
1. Amend the third paragraph of Article 151 of the Criminal Law to read: "Whoever smuggles other goods and articles whose import and export are prohibited by the state, such as rare plants and their products, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention 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 five years and fined. "
2. The first paragraph of Article 18 of the Criminal Law is amended as: "A person who knows the inside information of securities and futures trading or who illegally obtains the inside information of securities and futures trading buys or sells the securities, or engages in futures trading related to the inside information, or divulges the information, or expresses or implies others to engage in the above-mentioned trading before the issuance of securities, securities and futures trading or other information that has a significant impact on the price of securities and futures trading is made public. 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. "
One paragraph is added as the fourth paragraph: "Employees of financial institutions such as stock exchanges, futures exchanges, securities companies, futures brokerage companies, fund management companies, commercial banks, insurance companies, and staff of relevant regulatory departments or trade associations use other undisclosed information other than insider information obtained by taking advantage of their positions to engage in securities and futures trading activities related to this information in violation of regulations, or express or imply that others engage in related trading activities, and the circumstances are serious.
3. Article 21 of the Criminal Law is amended as: "Taxpayers who make false tax returns or fail to declare by deception or concealment, and evade paying a large amount of tax, accounting for more than 1% of the tax payable, 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 and accounts for more than 3% of the tax payable, 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 withholding agent fails to pay or underpays the tax withheld or collected by the means listed in the preceding paragraph, and the amount is relatively large, it shall be punished in accordance with the provisions of the preceding paragraph.
"If the acts mentioned in the preceding two paragraphs are committed for many times and are not handled, it shall be calculated according to the accumulated amount.
"Whoever commits the act mentioned in the first paragraph, after the tax authorities have issued a notice of recovery according to law, pays back the tax payable and the overdue fine, and has been subjected to administrative punishment, shall not be investigated for criminal responsibility; However, except for those who have been criminally punished for evading tax payment within five years or who have been given more than two administrative punishments by the tax authorities. "
4. one article is added after article 224 of the criminal law as one of article 224: "organize and lead pyramid schemes that require participants to obtain the qualification to join by paying fees or purchasing goods and services in the name of selling goods and providing services, and form hierarchies in a certain order, directly or indirectly using the number of developers as the basis for remuneration or rebate, to induce and coerce participants to continue to develop others to participate, defraud property and disrupt economic and social order. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined. "
5. the third item of article 225 of the criminal law is amended as: "those who illegally engage in securities, futures and insurance business or illegally engage in fund payment and settlement business without the approval of the relevant competent departments of the state;"
VI. Amend Article 239 of the Criminal Law to read: "Whoever kidnaps another person for the purpose of extorting property, or kidnaps another person as a hostage, shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated of property; If the circumstances are relatively minor, 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.
"Whoever commits the crime mentioned in the preceding paragraph, resulting in the death of the kidnapped person or killing the kidnapped person, shall be sentenced to death and his property shall be confiscated.
"Whoever steals an infant for the purpose of extorting property shall be punished in accordance with the provisions of the preceding two paragraphs."
VII. One article is added after Article 253 of the Criminal Law as one of Article 253: "Any functionary of a state organ or a unit in finance, telecommunications, transportation, education, medical care, etc. who, in violation of state regulations, sells or illegally provides personal information of citizens obtained in the course of performing their duties or providing services 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.
"Whoever steals or illegally obtains the above information by other means, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
"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 according to the provisions of each paragraph."
VIII. One article is added after Article 262bis of the Criminal Law as Article 262bis: "Whoever organizes minors to engage in theft, fraud, robbery, extortion and other activities that violate the administration of public security 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, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "
9. Two paragraphs are added to Article 285 of the Criminal Law as the second and third paragraphs: "Whoever, in violation of state regulations, invades a computer information system other than that specified in the preceding paragraph or uses other technical means to obtain data stored, processed or transmitted in the computer information system, or illegally controls the computer information system, 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 provides programs or tools specially used for invading or illegally controlling computer information systems, or knowingly provides programs or tools to others for invading or illegally controlling computer information systems, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph."
1. One paragraph is added as the second paragraph in Article 312 of the Criminal Law: "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."
Xi. the first paragraph of article 337 of the criminal law is amended as: "whoever violates the state regulations on animal and plant epidemic prevention and quarantine and causes a major animal and plant epidemic, or is in danger of causing a major animal and plant epidemic, 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 only be fined."
12. The second paragraph of Article 375 of the Criminal Law is amended as: "Whoever illegally produces or buys uniforms of the armed forces, 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."
one paragraph is added as the third paragraph: "Whoever forges, steals, buys or sells or illegally provides or uses special signs such as vehicle number plates of the armed forces, 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. "
the original paragraph 3 is the fourth paragraph, which is amended as: "If a unit commits the crimes in the second and third 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 each paragraph."
XIII. After Article 388 of the Criminal Law, one article is added as Article 388: "A close relative of a state functionary or other person closely related to the state functionary, through the official behavior of the state functionary, or by taking advantage of the convenient conditions formed by the official position of the state functionary, and through the official behavior of other state functionaries, seeks illegitimate interests for the trustee, asks for the trustee's property or accepts the trustee's property, and the amount is relatively large or there are other serious circumstances. 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 seven years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated.
"Any state functionary who leaves his post or his close relatives or other people who are closely related to him commits the acts mentioned in the preceding paragraph by taking advantage of his original authority or position, shall be convicted and punished in accordance with the provisions of the preceding paragraph."
XIV. Amend the first paragraph of Article 395 of the Criminal Law to read: "If the property and expenditure of a state functionary obviously exceed the lawful income, and the difference is huge, the state functionary may be ordered to explain the source; if the source cannot be explained, the difference shall be regarded as illegal income and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the difference is especially huge, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. The difference in property will be recovered. "
XV. This amendment shall come into force as of the date of promulgation.