Chapter III Punishments

Section 1 Types of Punishments

Article 32 Punishments are divided into principal punishments and supplementary punishments.

Article 33 The principal punishments are as follows:

(1) public surveillance;

(2) criminal detention;

(3) fixed-term imprisonment;

(4) life imprisonment; and

(5) the death penalty.

Article 34 The supplementary punishments are as follows:

(1) fine;

(2) deprivation of political rights; and

(3) confiscation of property.

Supplementary punishments may be imposed independently.

Article 35 Deportation may be imposed independently or supplementarily to a foreigner who commits a crime.

Article 36 If a victim suffers economic losses as a result of a crime, the criminal shall, in addition to receiving a criminal punishment according to law, be sentenced to compensation for the economic losses in the light of the circumstances.

If a criminal who is liable for civil compensation is sentenced to a fine at the same time but his property is not sufficient to pay both the compensation and the fine, or if he is sentenced to confiscation of property at the same time, he shall, first of all, bear his liability for civil compensation to the victim.

Article 37 If the circumstances of a person's crime are minor and do not require criminal punishment, he may be exempted from it; however, he may, depending on the different circumstances of the case, be reprimanded or ordered to make a statement of repentance, offer an apology or pay compensation for the losses, or be subjected to administrative penalty or administrative sanctions by the competent department.

Section 2 Public Surveillance

Article 38 The term of public surveillance shall be not less than three months but not more than two years.

Where a criminal is sentenced to public surveillance, the sentence shall be executed by a public security organ.

Article 39 Any criminal who is sentenced to public surveillance shall observe the following during the term in which his sentence is being executed:

(1) observe laws and administrative rules and regulations, and submit to supervision;

(2) exercise no right of freedom of speech, of the press, of assembly, of association, of procession or of demonstration without the approval of the organ executing the public surveillance;

(3) report on his own activities as required by the organ executing the public surveillance;

(4) observe the regulations for receiving visitors stipulated by the organ executing the public surveillance; and

(5) report to obtain approval from the organ executing the public surveillance for any departure from the city or county he lives in or for any change in residence.

Criminals sentenced to public surveillance shall, while engaged in labour, receive equal pay for equal work.

Article 40 Upon the expiration of a term of public surveillance, the executing organ shall immediately announce the termination of public surveillance to the criminal sentenced to public surveillance and to his work unit or the people of the place where he resides.

Article 41 A term of public surveillance shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, one day in custody shall be considered two days of the term sentenced.

Section 3 Criminal Detention

Article 42 A term of criminal detention shall be not less than one month but not more than 6 months.

Article 43 Where a criminal is sentenced to criminal detention, the sentence shall be executed by the public security organ in the vicinity.

During the period of execution, a criminal sentenced to criminal detention may go home for one to two days each month; an appropriate remuneration may be given to those who participate in labor.

Article 44 A term of criminal detention shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, one day in custody shall be considered one day of the term sentenced.

Section 4 Fixed-term Imprisonment and Life Imprisonment

Article 45 A term of fixed-term imprisonment shall be not less than six months but not more than 15 years, except as stipulated in Articles 50 and 69 of this Law.

Article 46 Any criminal who is sentenced to fixed-term imprisonment or life imprisonment shall serve his sentence in prison or another place for the execution. Anyone who is able to work shall do so to accept education and reform through labor.

Article 47 A term of fixed-term imprisonment shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, one day in custody shall be considered one day of the term sentenced.

Section 5 The Death Penalty

Article 48 The death penalty shall only be applied to criminals who have committed extremely serious crimes. If the immediate execution of a criminal punishable by death is not deemed necessary, a two-year suspension of execution may be pronounced simultaneously with the imposition of the death sentence.

All death sentences, except for those that according to law should be decided by the Supreme People's Court, shall be submitted to the Supreme People's Court for verification and approval. Death sentences with a suspension of execution may be decided or verified and approved by a Higher People's Court.

Article 49 The death penalty shall not be imposed on persons who have not reached the age of 18 at the time the crime is committed or on women who are pregnant at the time of trial.

Article 50 Anyone who is sentenced to death with a suspension of execution commits no intentional crime during the period of suspension, his punishment shall be commuted to life imprisonment upon the expiration of the two-year period; if he has truly performed major meritorious service, his punishment shall be commuted to fixed-term imprisonment of not less than 15 years but not more than 20 years upon the expiration of the two-year period; if it is verified that he has committed an intentional crime, the death penalty shall be executed upon verification and approval of the Supreme People's Court.

Article 51 The term of suspension of execution of a death penalty shall be counted from the date the judgment becomes final. The term of a fixed-term imprisonment that is commuted from a death penalty with suspension of execution shall be counted from the date the suspension of execution expires.

Section 6 Fines

Article 52 The amount of any fine imposed shall be determined according to the circumstances of the crime.

Article 53 A fine may be paid in a lump sum or in installments within the time limit specified in the judgment. If a fine is not paid upon the expiration of that time limit, the payment shall be compelled. If a person is not able to pay the fine in full, the People's Court shall demand the payment whenever it finds the person has property for execution of the fine. If a person has true difficulties in paying because of an irresistible disaster, the fine may be reduced or remitted according to the circumstances.