Criminal Law of the People's Republic of China
(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; and amended according to the Decision of the Standing Committee of the National People's Congress on Punishing Crimes of Fraudulently Purchasing, Evading, and Illegally Trading Foreign Exchange at the 6th Meeting of the Standing Committee of the Ninth National People’s Congress on December 29, 1998, Amendment to the Criminal Law of the People’s Republic of China at the 13th Meeting of the Standing Committee of the Ninth National People’s Congress on December 25, 1999, Amendment (Ⅱ) to the Criminal Law of the People’s Republic of China at the 23rd Meeting of the Standing Committee of the Ninth National People’s Congress on August 31, 2001; Amendment (Ⅲ) to the Criminal Law of the People’s Republic of China at the 25th Meeting of the Standing Committee of the Ninth National People’s Congress on December 29, 2001, Amendment (Ⅳ) to the Criminal Law of the People’s Republic of China at the 31st Meeting of the Standing Committee of the Ninth National People’s Congress on December 28, 2002, Amendment (Ⅴ) to the Criminal Law of the People’s Republic of China at the 14th Meeting of the Standing Committee of the Tenth National People’s Congress on February 28, 2005, Amendment (Ⅵ) to the Criminal Law of the People’s Republic of China at the 22nd Meeting of the Standing Committee of the Tenth National People’s Congress on June 29, 2006, Amendment (Ⅶ) to the Criminal Law of the People’s Republic of China at the 7th Meeting of the Standing Committee of the Eleventh National People’s Congress on February 28, 2009, Decision of the Standing Committee of the National People's Congress on Amending Certain Laws at the 10th Meeting of the Standing Committee of the Eleventh National People’s Congress on August 27, 2009, Amendment (Ⅷ) to the Criminal Law of the People’s Republic of China at the 19th Meeting of the Standing Committee of the Eleventh National People’s Congress on February 25, 2011, Amendment (Ⅸ) to the Criminal Law of the People’s Republic of China at the 16th Meeting of the Standing Committee of the Twelfth National People’s Congress on August 29, 2015, Amendment (Ⅹ) to the Criminal Law of the People’s Republic of China at the 30th Meeting of the Standing Committee of the Twelfth National People’s Congress on November 4, 2017, and Amendment (Ⅺ) to the Criminal Law of the People’s Republic of China at the 24th Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 26, 2020)
Contents
Part I General Provisions
Chapter I Tasks, General Principles, and Scope of Application of the Criminal Law
Chapter II Crimes
Section 1 Crimes and Criminal Liability
Section 2 Preparation, Attempt and Abandonment of a Crime
Section 3 Joint Crimes
Section 4 Crimes Committed by an Entity
Chapter III Criminal Punishment
Section 1 Types of Criminal Punishment
Section 2 Non-Custodial Correction
Section 3 Short-Term Custody
Section 4 Fixed-Term Imprisonment and Life Imprisonment
Section 5 Death Penalty
Section 6 Fines
Section 7 Deprivation of Political Rights
Section 8 Confiscation of Property
Chapter IV Concrete Application of Criminal Punishment
Section 1 Sentencing
Section 2 Recidivists
Section 3 Voluntary Surrender and Meritorious Performance
Section 4 Combining Punishments for Multiple Crimes
Section 5 Probation
Section 6 Commutation
Section 7 Parole
Section 8 Limitation Period
Chapter V Miscellaneous Provisions
Part II Special Provisions
Chapter I Crimes of Endangering National Security
Chapter II Crimes of Endangering Public Security
Chapter III Crimes of Undermining Order of Socialist Market Economy
Section 1 Crimes of Manufacturing and Selling Fake and Substandard Goods
Section 2 Crimes of Smuggling
Section 3 Crimes of Disrupting Order of Company and Enterprise Management
Section 4 Crimes of Undermining Order of Financial Management
Section 5 Crimes of Financial Fraud
Section 6 Crimes of Undermining Administration of Tax Collection
Section 7 Crimes of Infringing on Intellectual Property Rights
Section 8 Crimes of Disrupting Market Order
Chapter IV Crimes of Infringing on Citizens’ Personal Rights and Democratic Rights
Chapter V Crimes Against Property
Chapter VI Crimes of Obstructing Administration of Public Order
Section 1 Crimes of Disrupting Pubic Order
Section 2 Crimes of Obstructing Justice
Section 3 Crimes of Obstructing National Border (Frontier) Administration
Section 4 Crimes of Obstructing the Management of Cultural Relics
Section 5 Crimes of Impairing Public Health
Section 6 Crimes of Impairing the Conservation of Environment and Resources
Section 7 Crimes of Smuggling, Trafficking, Transporting, or Manufacturing Narcotic Drugs
Section 8 Crimes of Organizing, Forcing, Inducing, Sheltering, or Procuring People to Engage in Prostitution
Section 9 Crimes of Producing, Selling, or Disseminating Pornographic Materials
Chapter VII Crimes of Impairing the Interests of National Defense
Chapter VIII Crimes of Embezzlement and Bribery
Chapter Ⅸ Crimes of Dereliction of Duty
Chapter X Crimes of Serviceperson’s Transgression of Duty
Supplementary Provision
Part I General Provisions
Chapter I Tasks, General Principles, and Scope of Application of the Criminal Law
Article 1 This Law is enacted in accordance with the Constitution, based on the practical experience of fighting against crime, and in line with the realities of China, in order to punish crime and protect the people.
Article 2 The tasks of the Criminal Law of the People’s Republic of China are, by fighting against all forms of crime with criminal punishment, to protect national security, the state power of the people's democratic dictatorship, and the socialist system; to protect state-owned property, collectively owned property, and private property owned by citizens; to protect personal rights, democratic rights, and other rights of citizens; to maintain social and economic order; and to safeguard the smooth progress of the socialist cause.
Article 3 Anyone who commits an act explicitly provided by law to be a crime shall be subjected to conviction and punishment in accordance with the law, while anyone who commits an act that is not explicitly provided by law to be a crime shall not be subjected to conviction or punishment.
Article 4 Whoever commits a crime shall be treated equally in the application of the law and no one is permitted to have any privilege to transcend the law.
Article 5 Criminal punishment shall be proportionate to the severity of the offense and the consequent criminal liability to be born by the offender.
Article 6 This Law is applicable to anyone who commits a crime within the land, waters and space under the jurisdiction of the People’s Republic of China, except otherwise specifically provided by law.
This Law is also applicable to anyone who commits a crime on a ship or an aircraft of the People’s Republic of China.
Where either a criminal act takes place or the consequences of a criminal act arise within the land, waters and space under the jurisdiction of the People’s Republic of China, the crime is deemed to have been committed within the land, waters and space under the jurisdiction of the People’s Republic of China.
Article 7 This Law is applicable to any citizen of the People’s Republic of China who commits a crime specified in this Law outside the land, waters and space under the jurisdiction of the People’s Republic of China; but one whose offense is punishable by fixed-term imprisonment of not more than 3 years at the maximum as provided in this Law may be exempted from punishment.
This Law is applicable to any state functionary or serviceperson who commits a crime specified in this Law outside the land, waters and space under the jurisdiction of the People’s Republic of China.
Article 8 This Law may be applicable to any foreigner who commits a crime against the People’s Republic of China or its citizens outside the land, waters and space under the jurisdiction of the People’s Republic of China, which is punishable by fixed-term imprisonment of not less than 3 years at the minimum according to this Law, except, however, when the said crime is not punishable according to the law of the place where it is committed.
Article 9 This Law is applicable to the crimes specified in international treaties which the People’s Republic of China has concluded or acceded to and under which the People’s Republic of China exercises criminal jurisdiction within the scope of its obligations.
Article 10 Anyone who commits a crime outside the land, waters and space under the jurisdiction of the People’s Republic of China for which he shall bear criminal liability in accordance with this Law may still be dealt with according to this Law even if he has been tried in a foreign court. However, the offender may be exempted from punishment or be given a mitigated punishment if he has been subjected to criminal punishment in that foreign country.
Article 11 Criminal liability of foreigners who enjoy diplomatic privileges and immunities shall be resolved through diplomatic channels.
Article 12 Where an act committed after the founding of the People’s Republic of China and before the implementation of this Law was not deemed a crime under the laws then in force, the laws then in force shall apply. Where the act was deemed a crime under the laws then in force, and should be prosecuted under the provisions of Section 8, Chapter IV of the General Provisions of this Law, the offender shall be held criminally liable according to the laws then in force; however, if it is not deemed a crime by this Law or is punishable by a lighter punishment according to this Law, this Law shall prevail.
All effective judgments rendered before the implementation of this Law according to the laws then in force remain effective.
Chapter II Crimes
Section 1 Crimes and Criminal Liability
Article 13 Any act that endangers the sovereignty, territorial integrity, or security of the state, splits the state, subverts the political power of the people's democratic dictatorship, overthrows the socialist system, or undermines social or economic order, or that is against state-owned property, collectively owned property, or private property owned by citizens, or that violates the personal rights, democratic rights or other rights of the citizens, or any other act that endangers the society, which is subject to criminal punishment in accordance with the law, is a crime. However, if the circumstances are manifestly minor and the harm is not serious, the act is not deemed a crime.
Article 14 Where a person has clear knowledge that his act will cause socially harmful consequences and hopes for or allows such consequences to occur, which constitutes a crime, the crime is deemed intentional.
A person committing an intentional crime shall bear criminal liability.
Article 15 Where a person should have foreseen that his act may cause socially harmful consequences but fails to foresee them because of his carelessness, or has foreseen such consequences but believes that they can be avoided, which leads to such consequences, he commits a negligent crime.
A person committing a negligent crime shall bear criminal liability only when the law so provides.
Article 16 Where an act causes harmful consequences, while it is attributed not to intent or negligence but to irresistible or unforeseeable causes, the act is not a crime.
Article 17 Where a person who has reached the age of 16 commits a crime, he shall bear criminal liability.
Where a person who has reached the age of 14 but is under the age of 16 commits intentional homicide, intentional infliction of bodily harm causing serious injury to or the death of another person, rape, robbery, drug trafficking, arson, explosion, or releasing hazardous substances, he shall bear criminal liability.
Where a person who has reached the age of 12 but is under the age of 14 commits intentional homicide or intentional infliction of bodily harm, causing the death of another person or, by extremely cruel means, causing serious injury to another person to the extent of severely disabling that person, given that the circumstances are grave, if the Supreme People's Procuratorate approves the prosecution of the offender, he shall bear criminal liability.
A person under the age of 18 who is held criminally liable in accordance with any of the preceding three paragraphs shall be given a lighter or mitigated punishment.
Where a person is not given criminal punishment because he is under the age of 16, his parents or any other guardian shall be ordered to discipline him. Where necessary, the person shall be subjected to specialized correctional education in accordance with the law.
Article 17a A person who has reached the age of 75 may be given a lighter or mitigated punishment if he commits an intentional crime, and shall be given a lighter or mitigated punishment if he commits a negligent crime.
Article 18 Where a mentally ill person causes harmful consequences while he is unable to appreciate the wrongfulness of or to control his act and whose condition has been authenticated and confirmed through statutory procedures, he shall not bear criminal liability, but his family members or guardians shall be ordered to keep him under careful watch and provide him with medical treatment. Where it is necessary, the government may subject him to compulsory medical treatment.
A person with intermittent mental illness who commits a crime in a normal mental state shall bear criminal liability.
A person with mental illness who commits a crime while he is not yet completely unable to appreciate the wrongfulness of or control his act shall bear criminal liability, but may be given a lighter or mitigated punishment.
A person who commits a crime while intoxicated shall bear criminal liability.
Article 19 A deaf and mute person or a blind person who commits a crime may be given a lighter or mitigated punishment or be exempted from punishment.
Article 20 Where a person, in order to protect the interests of the state or the public, or his own or another person’s personal rights, property rights or other rights from a present unlawful attack, takes action to stop such an unlawful attack and therefore causes harm to the attacker, this person shall be considered acting in justifiable defense and shall not bear criminal liability.
Where a person acting in justifiable defense obviously exceeds the necessary limit and therefore causes major harm, he shall bear criminal liability, but shall be given a mitigated punishment or be exempted from punishment.
Where a person takes action against present physical assault, murder, robbery, rape, kidnapping, or any other violent crime that seriously endangers personal safety and therefore causes injury to or the death of the attacker, his action shall not be considered excessive defense and he shall not bear criminal liability.
Article 21 Where a person, in order to protect the interests of the state or the public, or his own or another person’s personal rights, property rights or other rights from a present danger, has no choice but to take emergency action and therefore causes harm, this person shall not bear criminal liability.
Where a person taking an urgent action to avert danger exceeds the necessary limit and therefore causes unnecessary harm, he shall bear criminal liability, but shall be given a mitigated punishment or be exempted from punishment.
The provisions in the first paragraph of this Article on the averting danger from a person himself do not apply to those who take specified responsibilities by virtue of their posts or professions.
Section 2 Preparation, Attempt and Abandonment of a Crime
Article 22 Preparation for a crime refers to the preparation of instruments or the creation of conditions for the commission of the crime.
An offender whose act falls within the definition of the preparation for a crime may, with reference to the punishment imposed on a person who has completed the crime, be given a lighter or mitigated punishment or be exempted from punishment.
Article 23 Criminal attempt occurs when an offender has already started to commit a crime but fails to complete the crime because of factors independent of the offender’s will.
An offender whose act falls within the definition of the criminal attempt may be given a lighter or mitigated punishment with reference to the punishment imposed on a person who has completed the crime.
Article 24 Abandonment of a crime occurs when, during the process of committing a crime, an offender voluntarily abandons the crime or voluntarily and effectively prevents the consequences of the crime from occurring.
An offender whose act falls within the definition of the abandonment of a crime shall be exempted from punishment if no harm is caused and shall be given a mitigated punishment if harm is caused.
Section 3 Joint Crimes
Article 25 A joint crime refers to a crime committed intentionally by two or more persons jointly.
A negligent crime by two or more persons shall not be punished as a joint crime. Where criminal liability is involved, these persons shall be punished separately according to the crimes they have committed.
Article 26 A person who organizes or leads a criminal group in conducting criminal activities or plays a principal role in a joint crime is a principal offender.
A relatively stable criminal organization composed of three or more persons to jointly commit crimes is a criminal group.
The ringleader who organizes or leads a criminal group shall be punished based on all the crimes committed by the group.
A principal offender other than the one provided in the third paragraph shall be punished based on all the crimes he participated in, organized, or directed.
Article 27 A person who plays a secondary or supplementary role in a joint crime is an accomplice.
An accomplice shall be given a lighter or mitigated punishment or be exempted from punishment.
Article 28 A person who is coerced to participate in a crime shall, according to the circumstances of his crime, be given a mitigated punishment or be exempted from punishment.
Article 29 A person who abets another in committing a crime shall be punished according to the role he plays in the joint crime. A person who abets a person under the age of 18 in committing a crime shall be subjected to a heavier punishment.
If the abetted person does not commit the instigated crime, the abettor may be given a lighter or mitigated punishment.
Section 4 Crimes Committed by an Entity
Article 30 Any company, enterprise, public institution, state organ, or organization that commits an act endangering the society that is defined in laws as a crime committed by an entity shall bear criminal liability.
Article 31 An entity shall be fined for the crime it has committed. The directly responsible persons in charge and other directly responsible persons shall also be subjected to criminal punishment. Where the Special Provisions of this Law or other laws provide otherwise, those provisions shall prevail.
