Criminal Law of the People's Republic of China (Amendment) (Adopted at the second session of the Fifth National People's Congress on July 1, 1979, revised at the fifth session of the Eighth National People's Congress on March 14, 1997,

Promulgated by Order No. 83 of the President of the People's Republic of China on March 14 (effective from October 1, 1997), Part I, General Provisions, Chapter I, Tasks, Basic Principles and Scope of Application of Criminal Law, Article I, For Punishment

To prevent crimes and protect the people, this law is formulated in accordance with the Constitution and in conjunction with our country’s specific experience in fighting crime and the actual situation.

Article 2 The mission of the People's Republic of China and the criminal law of the country is to use punishment to combat all criminal acts in order to safeguard national security, defend the political power of the people's democratic dictatorship and the socialist system, and protect state-owned property and property collectively owned by the working people.

, protect citizens’ private property, protect citizens’ personal rights, democratic rights and other rights, maintain social order and economic order, and ensure the smooth progress of socialist construction.

Article 3 If the law expressly stipulates that the act is a crime, it shall be convicted and sentenced in accordance with the law; if the law does not expressly stipulate that the act is a crime, the act shall not be convicted and sentenced.

Article 4 Anyone who commits a crime shall be treated equally in the application of the law.

No one is allowed to have privileges above the law.

Article 5 The severity of the penalty shall be commensurate with the crime committed by the criminal and the criminal responsibility he bears.

Article 6 This law shall apply to all crimes committed within the territory of the People's Republic of China, unless otherwise provided by law.

This law also applies to anyone who commits a crime on board a ship or aircraft of the People's Republic of China.

If any of the criminal acts or results occur within the territory of the People's Republic of China, it is deemed to be a crime within the territory of the People's Republic of China.

Article 7 If a citizen of the People's Republic of China commits a crime stipulated in this Law outside the territory of the People's Republic of China, this Law shall apply. However, if the maximum penalty stipulated in this Law is fixed-term imprisonment of not more than three years, he may

No investigation will be held.

This law shall apply to any crime stipulated in this law committed by state functionaries and military personnel of the People's Republic of China outside the territory of the People's Republic of China.

Article 8 If a foreigner commits a crime outside the territory of the People's Republic of China against the state or citizens of the People's Republic of China, and the minimum penalty prescribed in this law is fixed-term imprisonment of more than three years, this law may be applied, but

Exceptions will be made where there is no penalty under the law of the place where the crime was committed.

Article 9 This law shall apply when the People's Republic of China exercises criminal jurisdiction within the scope of its treaty obligations regarding crimes stipulated in international treaties concluded or acceded to by the People's Republic of China.

Article 10 Anyone who commits a crime outside the territory of the People's Republic of China and is subject to criminal liability in accordance with this law may still be investigated in accordance with this law despite being tried in a foreign country. However, those who have already received criminal punishment in a foreign country may be exempted or mitigated.

punishment.

Article 11 The criminal liability of foreigners who enjoy diplomatic privileges and immunities shall be resolved through diplomatic channels.

Article 12 If the acts committed after the founding of the People's Republic of China and before the enforcement of this Law are not deemed to be criminal by the laws at that time, the laws at that time shall apply; if the acts at that time are deemed to be criminal by the laws at that time, they shall be treated in accordance with Article 4 of the General Provisions of this Law.

If prosecution is required under Section 8 of this Chapter, criminal liability shall be pursued in accordance with the laws at the time. However, if this law does not consider it a crime or the punishment is lighter, this law shall apply.

Before this law comes into effect, effective judgments that have been made in accordance with the laws at that time shall continue to be effective.

Chapter 2 Crimes Section 1 Crimes and Criminal Responsibility Article 13 Any act that endangers national sovereignty, territorial integrity and security, splits the country, subverts the power of the people's democratic dictatorship and overthrows the socialist system, undermines social order and economic order, or infringes upon state-owned property

Or property collectively owned by the working people, infringement of privately owned property of citizens, infringement of citizens' personal rights, democratic rights and other rights, and other behaviors that are harmful to society and should be punished according to the law are all crimes, but the circumstances are obviously minor.

If it does little harm, it is not considered a crime.

Article 14 Anyone who knowingly knows that his or her behavior will cause harm to society and hopes or allows such a result to happen, thus constituting a crime, commits an intentional crime.

Those who intentionally commit crimes shall bear criminal responsibility.

Article 15 It is a crime of negligence to foresee that one's actions may have consequences that are harmful to society. If one fails to foresee the consequences due to negligence, or has foreseen the consequences and believes that one can avoid them, so that such consequences occur, it is a crime of negligence.

For crimes of negligence, criminal liability is only stipulated by law.

Article 16 Although an act objectively causes damage, it is not caused intentionally or negligently, but is caused by irresistible or unforeseen reasons, and is not a crime.

Article 17 A person who has reached the age of 16 commits a crime and shall bear criminal responsibility.

Anyone who has reached the age of fourteen but not the age of sixteen who commits intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, or poisoning shall bear criminal responsibility.