Amendment VIII to the Criminal Law of the People’s Republic of China

     Updated : 2015-12-01

12. Article 74 is amended as: “Probation shall not apply to recidivists and ringleaders of criminal gangs.”

13. Article 76 is amended as: “A convict on probation shall be subject to community correction during probation, and if none of the circumstances as set out in Article 77 of this Law occurs, the original sentence shall no longer be executed upon expiration of probation, which shall be announced to the public.”

14. Paragraph 2 of Article 77 is amended as: “Where a convict on probation violates any provision of laws, administrative regulations or the relevant department of the State Council on probation supervision and management or violates any restraining order in the judgment of the people’s court during probation, if the circumstances are serious, the probation shall be revoked and the original sentence shall be executed.”

15. Paragraph 2 of Article 78 is amended as: “After commutation, the actually executed term of criminal penalty shall not be:

“(1) less than 1/2 of the original term of criminal penalty, if control, criminal detention or fixed-term imprisonment is imposed;

“(2) less than 13 years, if life imprisonment is imposed; or

“(3) less than 25 years if the death penalty with a reprieve imposed on a convict is legally commuted to life imprisonment upon expiration of the reprieve period, or less than 20 years if it is commuted to imprisonment of 25 years upon expiration of the reprieve period, where the people’s court has put restrictions on commutation of the death penalty with a reprieve according to paragraph 2, Article 50 of this Law.”

16. Article 81 is amended as: “Where a convict sentenced to fixed-term imprisonment has served not less than half of the term of his original sentence, or a convict sentenced to life imprisonment has actually served not less than 13 years of imprisonment, he may be paroled if he earnestly observes the prison rules, accepts reform through education and shows true repentance and is not likely to commit any crime again. Under special circumstances, with the approval of the Supreme People’s Court, a parole may be granted without regard to the above restrictions on the term served.

No parole shall be granted to a recidivist or a convict sentenced to imprisonment of not less than 10 years or life imprisonment for murder, rape, robbery, abduction, arson, explosion, dissemination of hazardous substances or organized violent crime.

When a parole decision is made on a convict, the impact of his release on parole on the community where he lives shall be considered.”

17. Article 85 is amended as: “A convict released on parole shall be subject to community correction during parole according to law, and if none of the circumstances as set out in Article 86 of this Law occurs, the original sentence shall be deemed to have been fully served upon expiration of parole, which shall be announced to the public.”

18. Paragraph 3 of Article 86 is amended as: “Where a convict released on parole violates any provision of laws, administrative regulations or the relevant department of the State Council on parole supervision and management during parole, if it does not constitute a new crime, his parole shall be revoked under statutory procedures, and he shall be taken into custody to serve his remaining term of sentence.”

19. One paragraph is added to Article 100 as paragraph 2: “Whoever is given a penalty lighter than imprisonment of 5 years for a crime committed under the age of 18 shall be exempted from the reporting obligation as mentioned in the preceding paragraph.”

20. Article 107 is amended as: “Where any domestic or overseas institution, organization or individual provides financial support for the commission of a crime as provided for in Article 102, 103, 104 or 105 of this Chapter, the directly liable person shall be sentenced to imprisonment of not more than 5 years, criminal detention, control or deprivation of political rights; or if the circumstances are serious, be sentenced to imprisonment of not less than 5 years.”

21. Article 109 is amended as: “A state functionary who, in the course of performing his official duties, leaves his post without permission and flees this country or flees when he is already outside this country shall be sentenced to imprisonment of not more than 5 years, criminal detention, control or deprivation of political rights; or if the circumstances are serious, be sentenced to imprisonment of not less than 5 years but not more than 10 years.

A state functionary knowing any national secret, who flees this country or flees when he is already outside this country, shall be given a heavier penalty according to the provision of the preceding paragraph.”

22. One article is added after Article 133 as Article 133A: “Whoever races a motor vehicle on a road with execrable circumstances or drives a motor vehicle on a road while intoxicated shall be sentenced to criminal detention and a fine.

Whoever commits any other crime while committing a crime as mentioned in the preceding paragraph shall be convicted and punished according to the provisions on the crime with the heavier penalty.”

23. Paragraph 1 of Article 141 is amended as: “Whoever produces or sells bogus drugs shall be sentenced to imprisonment of not more than 3 years or criminal detention and a fine; if any serious damage is caused to the people’s health or there is any other serious circumstance, shall be sentenced to imprisonment of not less than 3 years but not more than 10 years and a fine; or if any human death is caused or there is any other especially serious circumstance, shall be sentenced to imprisonment of not less than 10 years, life imprisonment or death penalty and a fine or forfeiture of property.”