Order of the President of the People’s Republic of China(No.41)

The Amendment (VIII) to the Criminal Law of the People’s Republic of China, as adopted at the 19th meeting of the Standing Committee of the Eleventh National People’s Congress of the People’s Republic of China on February 25, 2011, is hereby promulgated, and shall come into force on May 1, 2011.

President of the People’s Republic of China: Hu Jintao

February 25, 2011

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

(Adopted at the 19th Meeting of the Standing Committee of the Eleventh National People’s Congress of the People’s Republic of China on February 25, 2011)

1. One Article is added after Article 17 as Article 17A: “A person attaining the age of 75 may be given a lighter or mitigated penalty if he commits an intentional crime; or shall be given a lighter or mitigated penalty if he commits a negligent crime.”

2. One paragraph is added to Article 38 as paragraph 2: “In light of the crime committed, a convict sentenced to control may also be prohibited from engaging in certain activities, entering certain areas or places or contacting certain persons during the term of execution.”

The original paragraph 2 is changed into paragraph 3 and amended as: “Criminals sentenced to control shall be subject to community correction.”

One paragraph is added as paragraph 4: “Whoever violates a restraining order as provided for in paragraph 2 shall be punished in accordance with the Law of the People’s Republic of China on Public Security Administration Punishments.”

3. One paragraph is added to Article 49 as paragraph 2: “Death penalty shall not be given to a person attaining the age of 75 at the time of trial, unless he has caused the death of another person by especially cruel means.”

4. Article 50 is amended as: “Where a convict is sentenced to death with a reprieve, if he does not commit any intentional crime during the period of reprieve, the sentence shall be commuted to life imprisonment upon expiration of the two-year period; if he has any major meritorious performance, the sentence shall be commuted to imprisonment of 25 years upon expiration of the two-year period; or if it is verified that he has committed any intentional crime, the death penalty shall be executed with the approval of the Supreme People’s Court.

For a recidivist or a convict of murder, rape, robbery, abduction, arson, explosion, dissemination of hazardous substances or organized violence who is sentenced to death with a reprieve, the people’s court may, in sentencing, decide to put restrictions on commutation of his sentence in light of the circumstances of the crime committed.”

5. Paragraph 1 of Article 63 is amended as: “Where there is any circumstance of mitigation of penalty, a convict shall be given a penalty below the statutory penalty; and if there are two or more ranges of sentencing under this Law, the penalty shall be given within the range next lower to the statutory range.”

6. Paragraph 1 of Article 65 is amended as: “Where a convict sentenced to fixed-term imprisonment or a heavier penalty commits again a crime for which a fixed-term imprisonment or a heavier penalty shall be given within five years after finishing serving his sentence or being pardoned, he shall be a recidivist and be given a heavier penalty, unless it is a negligent crime or he commits the crime under the age of 18.”

7. Article 66 is amended as: “A convict of jeopardizing the national security, terrorist activities or organized crime of a gangland nature shall be punished as a recidivist for any of such crimes committed again by him at any time after he finishes serving his sentence or is pardoned.”

8. One paragraph is added to Article 67 as paragraph 3: “A criminal suspect who truthfully confesses to his crime may be given a lighter penalty although there is no voluntary surrender as mentioned in the preceding two paragraphs; and may be given a mitigated penalty if any especially serious consequence is avoided for his truthful confession.”

9. Paragraph 2 of Article 68 is deleted.

10. Article 69 is amended as: “Where a person is convicted of more than one crime before a sentence is pronounced, except for death penalty or life imprisonment, the term of criminal penalty to be executed shall be decided in light of the actual circumstances below the sum of terms but above the highest term of the imposed criminal penalties; however, the decided term of control shall not exceed three years, the decided term of criminal detention shall not exceed one year, and the decided fixed-term imprisonment shall not exceed 20 years if the sum of terms of fixed-term imprisonment is less than 35 years or shall not exceed 25 years if the sum of terms is 35 years or more.

If there are accessory penalties imposed for the crimes, the accessory penalties must still be executed. Accessory penalties of the same kind shall be executed on a consolidated basis, while those of different kinds shall be executed separately.”

11. Article 72 is amended as: “Where a convict sentenced to criminal detention or imprisonment of not more than 3 years meets the following conditions, a probation may be announced, and a probation shall be announced if he is under the age of 18, is pregnant or attains the age of 75:

(1) The circumstances of the crime are minor;

(2) He shows repentance;

(3) He is not likely to commit any offense again; and

(4) Announcing the probation will not have any major adverse impact on the community where he lives.

When probation is announced, in light of the crime committed, the convict may also be prohibited from engaging in certain activities, entering certain areas or places or contacting certain persons during probation.

If there is any accessory penalty imposed on a convict on probation, the accessory penalty must still be executed.”