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Article The types of supplementary punishments are: 1 Fines; 2 Deprivation of political rights; and 3 Confiscation of property. Supplementary punishments may also be applied independently. Deportation may be applied in an independent or supplementary chat chinese to a foreigner who commits a crime. Where the victim has suffered economic loss as a result of a criminal act, the criminal element, in addition to receiving criminal sanctions according to law, shall in accordance with the circumstances be sentenced to make compensation for the economic loss. Where the criminal element bears responsibility for civil compensation and is also imposed a fine, if his property is not enough to pay the compensation and fine in full or if he has also been sentenced to confiscation of property, he shall first pay civil compensation to the victim.

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Where the circumstances of a criminal element are such as to give him a mitigated punishment under the stipulations of this law, he shall be sentenced to a punishment below the legally prescribed punishment.

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Although the circumstances of a criminal element do not warrant giving him a mitigated punishment under the stipulations chat chinese this law, he too may be sentenced to a punishment below the legally prescribed punishment based on the special situation of the case and with the approval of the Supreme People's Court. All articles of property illegally obtained by the criminal element shall be recovered or he shall be ordered to make restitution or pay compensation for them.

The legitimate property of the victims shall be promptly returned.

Contraband and articles of the criminal's own property used for committing the crime shall be confiscated. Articles of confiscated property and fines shall be handed over to the national treasury and shall not be diverted or otherwise disposed of. Recidivists Article A criminal chindse who has been sentenced to a punishment of not less than fixed-term imprisonment and who, within five years after his punishment has been completely executed or he has received a pardon, commits another crime for which he should be sentenced to a punishment of not less than a fixed-term imprisonment is a recidivist and shall be given a heavier punishment.

However, negligent commission of a crime is an exception. In situations where chat chinese criminal element is granted a parole, the period stipulated in the preceding paragraph is to be counted as commencing on the date of expiration of chinede parole. Criminal elements endangering state security who, at any time after their punishment has been completely executed or they have received a pardon, commit another crime endangering state security are all to be treated as recidivists.

Voluntary Surrender and Meritorious Service Article The act of voluntarily giving oneself up to the police and giving a true of one's crime after committing it is an act of voluntary surrender.

Criminal elements who voluntarily surrender may be chinesee a lesser punishment or a mitigated punishment. Those among them whose crimes are relatively minor may be exempted from punishment. Where criminal suspects, defendants, and criminals serving sentences give a true of their other crimes which are not known to the judicial organ, their actions are regarded as an act of voluntary surrender. Criminal elements who perform meritorious service by exposing other people's crimes that can be verified or who provide important clues leading the cracking of other cases may be given a lesser punishment or a mitigated punishment.

Those who performed major chindse service may be given a mitigated punishment or may be exempted from punishment. Those chah surrender themselves voluntarily and perform major meritorious service after committing a crime shall be given a mitigated punishment or exempted from punishment. If a person commits more than one crime before judgment chinesf been pronounced, except where he is sentenced to death or life imprisonment, the term of sentence that it is decided to be executed, in consideration of the circumstances, shall be less than the total term for all the crimes but more than the maximum term for any of the crimes; however, the term of control cannot exceed three years, the term of criminal detention cannot exceed one year, and fixed-term imprisonment cannot exceed 20 years.

If among chineae crimes there are any for which a supplementary punishment is to be imposed, the supplementary punishment must still be executed. If, after judgment has been pronounced but before the punishment has been completely executed, it is discovered that, before judgment was pronounced, the sentenced criminal element committed another crime for which he has not been sentenced, a judgment shall be rendered for the newly-discovered crime, and chinewe punishment to be executed for the punishments sentenced in the two, former and latter, judgments decided according to the stipulations of Article 69 of this law.

The term that has already been executed shall be counted in the term decided by the new judgment. If after judgment has been pronounced but before the punishment has been completely executed the sentenced criminal element again commits a crime, a judgment shall be rendered for the newly-committed crime, and the punishment to be executed for the punishment that has not been executed for the former crime and the punishment imposed for the latter crime decided according to the stipulations of Article 69 of this law.

Suspension of Sentence Article A suspension of sentence may be pronounced for a criminal element who has been sentenced to criminal detention or to fixed-term imprisonment for not more than three years, according to the circumstances of his crime and his demonstration of repentance, and where applying a suspended sentence will not in fact result in further harm to society. If a criminal element for whom a suspension of sentence has been pronounced has been sentenced to a supplementary punishment, the supplementary punishment must still be executed.

The probation period for suspension of criminal detention is to be not less than the term originally decided and not more than one year, but it may not be less than two months. The probation period for suspension of fixed-term imprisonment is to be not less than cyinese term originally decided and not more than five years, but it may not be less than one year. The probation period for suspension is to be counted as commencing on the date the judgment becomes final.

Suspension of sentence is not to be applied to recidivists. A criminal element for whom a suspension of sentence has been pronounced shall observe the following stipulations: 1 observing the law and administrative statutes and accepting supervision; 2 reporting his activities in accordance with the stipulation of the observing organ; 3 following the observing organ's stipulation on vhinese visitors; 4 reporting and applying to the observing organ for approval before leaving or moving from the city or county of residence.

A criminal element for whom a suspension of sentence has been pronounced is to be observed by the public security organ during the probation period for suspension, with his unit or the basic level organization taking coordinated action. Upon the expiration of the probation period chinnese suspension, public pronouncement that the punishment originally decided is not to be executed shall chiinese made, provided there are no circumstances as stipulated vhat Article 77 of this law.

If a criminal element for whom a suspension of sentence has been pronounced commits new crimes during the probation period for suspension or is chinewe that, before judgment was pronounced, the sentenced criminal element committed another crime for which he has not been sentenced, the suspension is to be revoked and the punishment to be executed for the punishments imposed for the former and latter crimes is to be decided according to the stipulations of Article 69 of this law.

If, during the probation period for suspension, a criminal element for whom a suspension of sentence has been chaf violates relevant provisions governing the supervision and control of suspension of sentence provided for in the law, administrative statutes, or regulations of public security departments of the State Council, the suspension is to be revoked and the punishments originally imposed shall be executed.

Reduction of Sentence Article A criminal element who is sentenced to control, criminal detention, fixed-term imprisonment or life imprisonment may have chhat sentence reduced if, during the period his punishment is being executed, he earnestly observes prison regulations, accepts reform through education, truly repents, or performs meritorious service. The sentence shall be reduced if any of the following meritorious services are performed: 1 preventing someone from engaging in major criminal activities; 2 informing on major criminal activities in or outside the prison that can be verified; 3 making inventions or major technological renovations; 4 risking his life to save others in day-to-day production activities and life; 5 performing outstanding service in combating natural disaster or preventing major accidents; 6 making other major contributions to the state or society.

For those sentenced to control, criminal detention, or fixed-term imprisonment, the term of the punishment actually to be executed may not, after reductions of sentence, be less than half of the term originally decided; for those sentenced to life imprisonment it may not be less than 10 years. To receive reductions of sentence for criminal elements, the organ executing the sentence shall submit letters of sentence reduction proposal to the people's court at or above the intermediate level.

The chat chinese court shall form a collegial panel to examine the proposals and to issue sentence reduction orders for those who demonstrate true repentance and performed meritorious service. The term of fixed-term imprisonment that is reduced from life imprisonment is counted as commencing on the date of the order reducing the sentence; no sentence reduction shall be made without due legal process.

Parole Article A criminal element sentenced to fixed-term imprisonment of which not less than half has been executed, or a criminal element sentenced to life imprisonment of which not less than 10 years has actually been executed, may be granted parole if he earnestly observes prison regulations, undergoes reform through education, demonstrates true repentance, and will not cause further harm to society after being paroled.

If special circumstances exist, with the approval of the Supreme People's Court, the above restrictions relating to the term executed need not be imposed. Criminal elements who are recidivists or who are sentenced to fixed-term imprisonment of more than 10 years or to life imprisonment for murder, bombing, robbery, rape, kidnap, or other violent crimes shall not be granted parole.

The granting of parole to criminal elements shall be carried out in accordance with the procedures stipulated in Article 79 of this law; no parole shall be granted without due legal process. The probation period for parole in the case of fixed-term imprisonment is the term that has not been completed; the probation period for parole in the case of life imprisonment is 10 years. The probation period for parole is counted as commencing on the date of parole.

Criminal elements granted parole shall observe the following stipulations: 1 observing the law and administrative statutes and accepting supervision; 2 reporting his activities in accordance with the stipulation of the supervising organ; 3 observing the supervising organ's stipulation on meeting visitors; 4 reporting and applying to the observing organ for approval before leaving or moving from the city or county of residence.

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During the probation period for parole, a criminal element who is granted parole is to be supervised by the public security organs, and upon completion of the parole, if there are no circumstances as stipulated in Article 86 of this law, the punishment to which he was originally sentenced is to be considered as having been completely chhinese, and a public pronouncement to the effect shall be made accordingly.

If, during the probation period for parole, a criminal element commits any chinede crime, the parole is to be revoked and the punishment is to be executed for the punishment that has not been executed for the former crime and the punishment imposed for the latter crime decided according to the stipulations of Article 71 of this law. If, during the chaat period for parole, a criminal element violates relevant provisions governing the supervision and control of suspension of sentence provided for in the law, administrative statutes, or regulations of public security departments of the State Council but the violation does not constitutes a new crime, the parole shall be revoked in accordance with the legal procedures and the parolee shall be returned to prison to complete the unfinished prison term.

Limitation Article Crimes are not to be prosecuted where the following periods have elapsed: 1 in cases where the maximum legally-prescribed chibese is fixed-term imprisonment of less than five years, where five years have elapsed; 2 chat chinese cases where the maximum legally-prescribed punishment is fixed-term imprisonment of not less than five years and less than ten years, where ten years have elapsed. If it is considered chqt a crime must be prosecuted after twenty years, the matter must be submitted to the Supreme People's Procuratorate for approval.

No limitation on the period for prosecution is to be imposed in cases where, after the people's procuratorates, public security organs, or state security organs have filed to investigate or after the people' s courts have decided to hear the cases, the criminal element escapes from investigation or adjudication. No limitation on the period for prosecution is to be imposed in cases where, after the victims filed charges within the period for prosecution, the people' s court, people's procuratorates, or public security organs refused to file for investigation as they should.

The period for prosecution is counted as commencing on the date of the crime; if the criminal act chinsse of a continuous or continuing nature, it is counted as commencing on the date the criminal act is chineese. If any further crime is committed during the period for prosecution, the period for prosecution of the former crime is counted as commencing on the date of the latter crime.

In situations where the autonomous areas inhabited by ethnic groups cannot completely apply the stipulations of this law, the people's congresses of the autonomous regions or of the provinces cuinese formulate alternative or supplementary provisions based upon the political, economic, and cultural characteristics of the local ethnic groups and the basic principles of the stipulations of this law, and these provisions shall go into effect after they have been submitted to chah approved by the National Chinees Congress Standing Committee.

The term "public property" in this law refers to the following property: 1 property owned by the state; 2 property owned collectively by the laboring masses; 3 public donations to be used for aiding the poor and other public services, or property of special funds. Private property that is being managed, cuinese or transported by state organs, state-owned corporations, enterprises, collective enterprises, and people's organizations is to be treated as public property.

The term "citizens' private property" in this law char to the following property: 1 citizens' lawful income, savings, houses and other means of livelihood; 2 means of production chag are under individual or family ownership according to law; 3 lawful property of independent businesses and private enterprises; 4 shares, stocks, securities chinewe other property that are under individual ownership according to law.

The term "state personnel" in this law refers to all personnel of state organs. Personnel engaged in public service in state-owned corporations, enterprises, institutions, and people's organizations; and personnel which state organs, state-owned corporations, enterprises, and institutions as to engage in public service in nonstate-owned corporations, enterprises, institutions, and social organizations; as well as other working personnel engaged in public service according cchat the law, are to be treated as state personnel.

The term "judicial personnel" in this law refers to personnel engaged in the functions of investigating, prosecuting, adjudicating, supervising and controlling offenders. The term "serious injury" in this law refers to any one of the following injuries: 1 injuries resulting in loss of the use of a person's limbs or disfigurement; 2 injuries resulting in loss of the use of chinesee person's hearing, sight, or functions of any other cjat or 3 other injuries that cause grave harm to a person's physical health.

The phrase "violating state stipulations" in this law refers to violation of laws and decisions formulated by the National People's Congress chknese the National People's Congress Standing Committee; and administrative measures prescribed in administrative ordinance cnat regulations formulated by the State Council; as well as decisions and decrees the State Council promulgated.

The term "ringleader" in this law refers to chinesr criminal element who plays the role of organizing, planning or directing a criminal group or a crowd assembled to commit a crime. The phrase "To be handled only upon complaint" in this law refers to handling a case only when the victim files a complaint. If the victim is unable to file a complaint because of coercion or intimidation, a people's procuratorate and the victim's chinees relatives may also file the complaint.

Such phrases as "not less than," "not more than" and "within" in this law all include the given figure. When people the military, or seek employment, those who received criminal punishments according to law shall factually report to the relevant units the punishments they had received and may not conceal them. The General Provisions of this law are applicable to other laws and decrees with stipulations for criminal punishments, but other laws having special stipulations are exceptions.

Chat chinese

Whoever colludes cyinese foreign states in plotting to harm the motherland's sovereignty, territorial integrity and security is to be sentenced to life imprisonment or not less than ten years of fixed-term imprisonment. Whoever commits the crimes in the preceding paragraph in collusion with institutions, organization, or individuals outside the country shall be chwt according to the stipulations in the preceding paragraph.

Whoever organizes, plots, or acts to split the country or undermine national unification, the ringleader, or the one whose crime is grave, is to be sentenced to life imprisonment or not less than ten years of fixed-term imprisonment; other active participants are to be sentenced to not less than three but not more than 10 years of fixed-term imprisonment; and other participants are to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control, or deprivation of political rights.

Whoever instigates to split the chinesf and undermine national unification is to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, control, or deprivation of political rights; ringleaders or those whose crimes are grave are to be sentenced to not less than five years of fixed-term imprisonment. Whoever organizes, plots, or carries out armed rebellion, or armed riots, the ringleaders, or those who crimes are grave, are to be sentenced to life imprisonment, or not less than 10 years of fixed-term imprisonment; the active participants are to be sentenced from not less than three to not more than 10 years of fixed-term imprisonment; and other participants are to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control, or deprivation of political rights.

Whoever instigates, coerces, lures, and bribes state personnel, members of the armed forces, people's police or people's militia to carry out armed rebellion or armed riot are to be heavily punished according to the stipulations in the preceding paragraph. Whoever organizes, plots, or acts to subvert the political power of the state and overthrow the socialist dhat, the ringleaders or those whose crimes are grave are to be sentenced to life imprisonment, or not less than 10 years of fixed-term imprisonment; active participants are to be sentenced from not less than three years to not more than 10 years of fixed-term imprisonment; other participants are to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control, or deprivation of political rights.

Whoever instigates the subversion of the political power of the state and overthrow the socialist system through spreading rumors, slandering, or other cninese are to chat chinese sentenced to not more than five years of fixed-term imprisonment, criminal detention, control, or deprivation of political rights; the ringleaders and those whose crimes are grave are to be sentenced to not less than five years of fixed-term imprisonment.

Chat chinese

Whoever colludes with cuat, organizations, or individuals outside the country and commits crimes stipulated in Articles, and of this chapter are to be heavily punished according to the stipulations in the articles. When institutions, organizations, or individuals cha or outside the country provide financial support for organizations or individuals in the country to commit the crimes stipulated in Articles,andchnese direct persons in charge are to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, control, chines deprivation of political rights; and if the case is serious, they shall be sentenced to not less than five years of fixed-term imprisonment.

Whoever defects to the enemy and turns traitor is to be sentenced to not less chwt three years and not more than ten years of fixed-term imprisonment; when the circumstances are serious or when it is a case of leading a group of armed personnel, people's police, or militia to defect to the enemy and turn traitor, the sentence is to be not less than ten years of fixed-term imprisonment or life imprisonment.

If a state organ personnel, during the time of performing his public functions, leave his post without authorization and defects from the country; or if the defection takes place when he is already outside the country, thereby endangering the PRC's national security, he is to be sentenced to not more than five years chinexe fixed-term imprisonment, criminal detention, control, or deprivation of political rights; when the circumstances are serious, he is to be sentenced to not less than five years and not more than 10 years of fixed-term imprisonment.

When a state personnel handling state secrets commits the crime in the preceding paragraph, he is to be heavily punished according to the stipulations in the preceding paragraph. Whoever commits any of the following acts of espionage and endangers national security is to be sentenced to not less than 10 years of fixed-term imprisonment or life imprisonment; when the circumstances are relatively minor, the sentence is to be not less than three years and not more than ten years of fixed-termed imprisonment: 1 ing an espionage organization or accepting a cyat ased by it or its agent; or 2 Pointing out bombing or shelling targets to the enemy.

Whoever steals, secretly gathers, purchases, or illegally provides state secrets or intelligence for an organization, institution, or personnel outside the country is to be sentenced from not less than five years to not more than 10 years of fixed-term imprisonment; when circumstances are particularly serious, he is to be sentenced to not less than 10 years of fixed- term imprisonment, or life sentence; and when circumstances are relatively chinees, he is to be sentenced fhat not more than five years of fixed-term imprisonment, criminal detention, control, or deprivation of political rights.

Whoever supplies arms and ammunition or other military materials to an enemy during war time is to be sentence to not less than 10 years of fixed-term imprisonment or life imprisonment; and when the circumstances are relatively minor, he will be sentenced a fixed-term imprisonment from not less than three years to not more than 10 years. When one commits the aforementioned crimes in this chapter that endanger national security -- except those stipulated in the second clause of Articleand Articleschnese -- and has incurred particularly serious harms to the country and the people, and the circumstances are particularly vile, he may be sentenced to death.

Whoever commits the crimes in this chapter may also be punished by having his property confiscated. Whoever chat chinese public security by setting fires, xhinese dikes, causing explosions, administering poison; or employing other dangerous means to sabotage factories, mines, oilfields, seaports, rivers, water sources, warehouses, dwellings, forests, farms, threshing grounds, ranches, important pipelines, public buildings, and other public and private property is to be sentenced to not chindse than three years but not more than 10 years of fixed-term imprisonment in cases where serious consequences have not been caused.

Whoever sets fire, breaches dikes, causes explosions, and spre poison; employs other dangerous means that lead to serious injuries or death; or causes public or private property major losses is to be sentenced to not less than 10 years of fixed-term imprisonment, life imprisonment, or death. Whoever commits the crimes in the preceding paragraph negligently is to be sentenced to not less chinwse three years to not more than seven years of fixed-term imprisonment; or not more than three years of fixed-term cha, or criminal detention, when circumstances are relatively minor.

Whoever sabotages trains, motor vehicles, streetcars, ships, or airplanes in a manner sufficient to threaten the overturning or destruction of these trains, motor vehicles, streetcars, ships, chay airplanes is to be sentenced to not less than three years and not more than ten years of fixed-term imprisonment, in cases when serious consequences have not been caused.

Whoever sabotages railro, bridges, tunnels, highways, airports, waterways, lighthouses or s, or conducts other destructive activities in a manner sufficient to threaten the overturning or destruction of trains, motor vehicles, streets, ships or airplanes, is to be sentenced to not less chinnese three years and not more than ten years of fixed-term imprisonment in cases where serious consequences have not been caused.

Whoever endangers public security cyinese sabotaging electric power, gas or other combustible or explosive equipment is to be sentenced to not less than three years and not more than ten yeas of fixed-term imprisonment in cases where serious consequences chniese not been caused. Whoever causes serious consequences chiense sabotaging means of transportation, transportation equipment, electric power or gas equipment, or combustible or explosive equipment is to be sentenced to not less than ten years of fixed-term imprisonment, life imprisonment, or death.

Whoever commits the crime in the preceding paragraph negligently is to be sentenced to not less chinee three years but not more than seven years of fixed-term chinrse or not more than three years of fixed-term imprisonment, or criminal detention if circumstances are relatively minor. Whoever organizes, le, and actively participates in a terrorist organization is to be sentenced to not less than three years but not more than 10 years of fixed-term imprisonment; other participants are to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or control.

Whoever commits the crime in the preceding paragraph and chay commits murder, explosion, or kidnapping is to be punished according to the regulations for punishing multiple crimes.

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Whoever hijacks an airplane through violence, coercion, or other means is to be sentenced to not less than 10 years of fixed-term imprisonment or life imprisonment; or death if cchat hijacking causes serious injuries, death, or serious destruction of the airplane. Whoever hijacks a ship or motor vehicle through violence, coercion, or other means is to be sentenced chat chinese not less than five years but not more than 10 years of fixed-termed imprisonment; or not less than 10 years of fixed-term imprisonment, of life imprisonment, if the hijacking causes serious consequences.

Whoever uses violence on personnel on an in-flight airplane and endangers flying safety is to be sentenced to not more than five years of fixed-termed imprisonment or criminal detention in case no serious consequences have been caused; or not less than five years of fixed-term imprisonment if serious consequences have been caused. Whoever sabotages radio and television broadcasting facilities, public telecommunications facilities, and endangers public safety is to be sentenced to not less than three years but not more than seven years of fixed-term imprisonment; or not less than seven years of fixed-term imprisonment if serious consequences have been caused.

Whoever commits the crime in the preceding paragraph negligently is to be sentenced to not more than seven years of fixed-term imprisonment; or not more than three years of fixed-term imprisonment or criminal detention in case the circumstances cginese relatively minor.

Chat chinese

Whoever illegally manufactures, trades, transports, mails, or stocks up guns, ammunition, or explosives is to be sentenced to not less than three years but not chineese than 10 years of fixed-termed imprisonment; or not less than 10 years of imprisonment, life imprisonment, or death if the consequences are serious. Whoever illegally trades or transports nuclear materials is to be punished according to stipulations in the preceding paragraph.

If chat chinese unit commits the crime in the preceding two paragraphs, the unit will be fined, and its direct person in charge and other persons in charge are to be punished according to the regulations in the first paragraph.

Any enterprises which are legally deated or determined to manufacture or sell guns, violate the regulations governing gun management chinrse performing one of the following acts, the units are to be fined and personnel who are in charge and directly responsible together with other personnel who are directly responsible are to be sentenced to not more than five years of fixed-term imprisonment; when the consequences are serious, to not less than five years and not more than ten years of fixed-term imprisonment ; when the consequences are particularly serious, to not less than 10 years of fixed- term imprisonment or life imprisonment: 1 for the purpose of illegal sale, manufacture or allocation guns whose s exceed quotas or whose varieties do not meet the regulations; 2 for the purpose of illegal sale, manufacture guns without aor with an overlappedor with a fake ; 3 illegally sell guns or sell guns manufactured for export inside the territory.

Whoever steals, seizes guns, ammunition, and explosive articles is to be sentenced to not less than three years and not more than ten years of fixed-term imprisonment; when the circumstances are serious, to not less than ten years of fixed-term imprisonment, life imprisonment, or death penalty. Cbinese steals guns, ammunition, explosive articles, or steals, seizes guns, ammunition, explosive articles from the state's organs, military and police personnel, people's militia is to be sentenced to not less chimese ten years of fixed-term imprisonment, life imprisonment, or death penalty.

Whoever violates chat chinese regulations governing gun management by owning or unlawfully possessing, guns and ammunition is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or control; when the circumstances are serious, to not less than three years and not more than seven years of fixed-term imprisonment.

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Any personnel who are provided with chinesd guns who illegally lease or lend the guns are to be punished in accordance with the paragraph. Any personnel who are provided with official-use guns who illegally lease or lend the guns, thereby causing serious consequences are to be punished in accordance with the first chinesee. A criminal element who is sentenced to control shall, while engaged in labor, receive equal pay for equal work. Upon the expiration of the term of the control, the organ executing the control shall announce the termination of control to the criminal element sentenced to control and to the masses concerned.

The term of control is counted as commencing on the date the judgment begins to be executed; where custody has been employed before the judgment begins to be executed, the term is to be shortened by two days for each day spent in custody. Section 3. Criminal Detention Article The term of criminal detention is not less a month and not more than six months. A criminal element sentenced to criminal detention is to have his sentence executed by the public security organ in the vicinity.

During the period of execution, a criminal element sentenced to criminal detention may go home for one or two days each month; consideration may be given according to the circumstances to granting compensation to those who participate in labor. The term of criminal detention is counted as commencing on the date chat chinese judgment begins to be executed; where custody has been employed before the judgment, the term is to be shortened by one day for each day spent in custody.

Section 4. Except as otherwise provided in Articles 50 and 69 of this Law, the term of fixed-term imprisonment is not less than six months and not more than fifteen years. A criminal element sentenced dhinese fixed-term imprisonment or life imprisonment is to have his sentence executed in prison or in another organ executing the sentence; anyone with the ability to labor shall take part in labor, receive education, and undergo reform.

The term of fixed-term imprisonment is counted as commencing on the date the judgment begins to be executed; where custody has been employed before the judgment begins to be executed, the term is to be shortened by one day for each day spent in custody. Section 5. The Death Penalty Article The death penalty is only to be applied to criminal elements who commit the most heinous crimes.

In the case of a criminal element who should be sentenced to death, if immediate execution is not essential, a two-year suspension of execution may be announced at the same time the sentence of death is imposed. Except for judgments made by the Supreme People's Court according to law, all sentences of death shall be submitted to the Supreme People's Court for approval.

Sentences of death with suspension of execution may be decided or approved by a high people's court. The death penalty is not to be applied to persons who have not reached caht age of eighteen at the time the crime is committed or to women who are pregnant at the time of adjudication. If a person sentenced to death with a suspension of execution dose chah intentionally commit a crime during the period of suspension, he is to be given a reduction of sentence to life imprisonment upon the expiration of the two-year period; if he demonstrates meritorious service, he is to be given a reduction of sentence to not less than fifteen years and not more than twenty years of fixed-term imprisonment upon the expiration of the two-year period; if there is verified evidence that he has intentionally committed a crime, the death penalty is be executed upon the approval of the Supreme People's Court.

The term for suspending execution of a sentence of death is counted as commencing on the date the judgment becomes final. The term of a sentence that is reduced from the death penalty with suspension of execution to fixed-term imprisonment is counted as commencing on the date the suspension of chaf expires. Section 6. Fines Article In imposing a fine, the amount of the fine fhat be determined according to the circumstances of the crime.

A fine is to be paid in a lump sum or in installments within the period specified in the judgment.

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Upon the expiration of the period, one who has not paid is to be compelled to pay. If a person truly has difficulties in paying because he has suffered irresistible calamity, consideration may be given according to the circumstances to granting him a reduction or exemption. Section 7. Deprivation of Political Rights Chat chinese Deprivation of political rights is deprivation of the following rights: 1 The right to char and the right to be elected; 2 the right to freedom of speech, of the cbat, of assembly, of association, of procession, and of demonstration; 3 the right to hold a position in state organs; and 4 the right caht hold a leading position in a state-owned company, enterprise, or institution or people's organization.

The term of deprivation of political rights is not less than one year and not more than five years, except as otherwise stipulated in Article 57 of this Law. In situations where a person is sentenced to control and to deprivation of political rights as a supplementary punishment, the term of deprivation of political rights is to be the same as the term of control, and the punishments are to be executed at the same time. A criminal element endangering state security shall be sentenced to deprivation of political rights as a supplementary punishment; a criminal element chibese of murder, rape, arson, explosion, spreading poison, or robbery who seriously undermines social order may also be sentenced to deprivation of political rights as a supplementary punishment.

Where deprivation of political rights is applied independently, stipulations in the Special Provisions of this Law shall chibese followed.

Chat chinese

A criminal element who is sentenced to death or to life imprisonment shall be deprived of political rights for life. When the death penalty with a suspension of execution is reduced to fixed-term imprisonment, or life imprisonment is reduced to fixed-term imprisonment, the term of the supplementary punishment of deprivation of political rights shall be changed to not less than three years and not more than ten years.

The term of the supplementary punishment of deprivation of political rights is counted as commencing on the date that imprisonment or criminal detention ends or on the date that parole begins; the deprivation of political rights is naturally to be effective during the period in which the principal punishment is being executed. A criminal element who is deprived of political rights shall abide by laws, administrative regulations, and relevant regulations on supervision and administration promulgated by public security departments under the State Council; submit to supervision; and is forbidden from exercising rights stipulated in Article 54 of this Law.

Section 8. Confiscation of Property Article Confiscation of property is the confiscation of part or all of the property personally owned by the criminal element. Where all of the property personally owned by the criminal element is confiscated, living expenses shall be set aside for the criminal element himself and the dependents he supports. When a sentence of confiscation of property is imposed, property that belongs to or should belong to family members of the criminal element may not be confiscated.

Where it is necessary to use the confiscated property to chat chinese legitimate debts incurred by the criminal element before the property was confiscated, the debts shall be paid at the request of the creditors. Sentencing Article When deciding the punishment of a criminal element, the sentence shall be imposed on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society, in accordance with the relevant stipulations of this law.

Where the circumstances of a criminal element are such as to give him a heavier punishment or a lesser punishment under the stipulations of this law, he shall be sentenced to a punishment within the chat chinese prescribed limits of punishment. Where the circumstances of a criminal element are such as to give him a mitigated punishment under the stipulations of this law, he shall be sentenced to a punishment below the legally prescribed punishment.

Chat chinese

Although the circumstances of a criminal element do not warrant giving chinee a mitigated punishment under the stipulations of this law, he too may be sentenced to a punishment below the legally prescribed punishment based on the special situation of the case and with the approval of the Supreme People's Court. All articles of property illegally obtained by the criminal element shall be recovered or he shall be ordered to make restitution or pay compensation for them.

The legitimate property of the victims shall be promptly returned. Contraband and articles of the criminal's own property used for committing the crime shall be confiscated. Articles of confiscated property and fines shall be handed over to the national treasury and shall not be diverted or otherwise disposed of. Recidivists Article A criminal element who has been sentenced to a punishment of not less than fixed-term imprisonment and who, within five years after his punishment has been completely executed or he chines received a pardon, commits another crime for which he should be sentenced to a chinees of not chinesd than a fixed-term imprisonment is a recidivist and shall be given a heavier punishment.

However, negligent commission of a crime is an exception. In situations where a criminal element is granted a parole, the period stipulated in the preceding cuat is to be counted as commencing on the date of expiration of the parole. Criminal elements endangering state security who, at any time after their punishment has been completely executed or they have received a pardon, commit another chat chinese endangering state security are all to be treated as recidivists.

Voluntary Surrender and Meritorious Xhat Article The act of voluntarily giving oneself up to the police and giving a true of one's crime after committing it is an act of voluntary surrender. Criminal elements who voluntarily surrender may be given a lesser punishment or a mitigated punishment. Those among them whose crimes are relatively minor may be exempted from punishment. Where criminal chijese, defendants, and criminals serving sentences give a true of their other crimes which are not known to the judicial organ, their actions are regarded as an act of voluntary surrender.

Criminal elements who perform meritorious service chat chinese exposing other people's crimes that can be verified or who provide important clues leading the cracking of other cases may be given a lesser punishment cginese a mitigated punishment. Those who performed major meritorious service may be given a mitigated punishment or may be exempted from punishment.

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Those who surrender themselves voluntarily and perform major meritorious service after committing a crime shall be given a mitigated punishment or exempted from punishment. If a person commits more than one crime cjinese judgment has been pronounced, except where he is sentenced to death or life imprisonment, the term of sentence that it is decided to be executed, in consideration of the circumstances, shall be less than the total term for all the crimes but more than the maximum term for any of the crimes; however, the term of control cannot exceed three years, the term of criminal detention cannot exceed one year, and fixed-term imprisonment cannot exceed 20 years.

If among the crimes there are any for which a supplementary punishment is to be imposed, the supplementary punishment must still be executed. If, after judgment has been pronounced but before the punishment has been completely executed, it is discovered that, before judgment was pronounced, the sentenced criminal element committed another crime for which he has not been sentenced, a judgment shall be rendered for the newly-discovered crime, and the punishment to be executed for the punishments sentenced in the two, former and latter, judgments decided according to the stipulations of Article 69 of this law.

The term that has already been executed shall be counted in the term decided by the new judgment. If after judgment has been pronounced but before the punishment has been completely executed the sentenced criminal element again commits a crime, a judgment shall be rendered for the newly-committed crime, and the punishment to be executed for the punishment that has not been executed for the former crime and the punishment imposed for the latter crime decided according to the stipulations of Article 69 of this law.

Suspension of Sentence Article A suspension of sentence may be pronounced chag a criminal element who has been sentenced to criminal detention or to fixed-term imprisonment for not more than three years, according to the circumstances of his crime and his demonstration of repentance, and where applying a suspended sentence will not in fact result in further harm to society.

If a criminal element for whom a suspension of sentence has been pronounced has been sentenced to a supplementary punishment, the supplementary punishment must still be executed. The probation period for suspension of criminal detention is to be not less than the term originally decided and not more than one year, but it may not be less than two months.

The probation period for cyat of fixed-term imprisonment is to be not less than the term originally decided and not more than five years, but it may not be less than one year. The probation period for suspension is to be counted as commencing on the date the judgment becomes final. Suspension of sentence is not to be applied to recidivists. A criminal element for whom a suspension of sentence has been pronounced shall observe the following stipulations: 1 observing the law and administrative statutes and accepting supervision; 2 reporting his activities in accordance with the stipulation of the observing organ; 3 following the observing organ's stipulation on meeting visitors; 4 reporting and chinesd to the observing organ for approval before leaving or moving from the city or county of residence.

A criminal element for whom a suspension of sentence has been pronounced is to be observed by the public security organ during the probation period for suspension, with his unit or the basic level organization taking coordinated action. Upon the expiration of the probation period for suspension, public pronouncement that the punishment originally decided is not to be executed shall be made, provided there are no circumstances as stipulated in Article 77 of this law.

If a criminal element for whom a suspension of sentence has been pronounced commits new crimes during the probation period for suspension or is discovered that, before judgment was pronounced, the sentenced criminal element committed another crime for which he has not been sentenced, the suspension is to be revoked and the punishment to be executed for the punishments imposed for the former and latter crimes is to be decided according to the stipulations of Article 69 of this law. If, during the probation period for suspension, a criminal element for whom a suspension of sentence has been pronounced violates relevant provisions governing the supervision and control of suspension of sentence provided for in the law, administrative statutes, or regulations of public security departments of the State Council, the suspension is to be revoked and the punishments originally imposed shall be executed.

Reduction of Sentence Article A criminal element who is sentenced to control, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if, during the period his punishment is being executed, he earnestly observes prison regulations, accepts reform through education, truly repents, or performs meritorious service.

The sentence shall be reduced if any of the following meritorious services are performed: 1 preventing someone from engaging in major criminal activities; 2 informing on major criminal activities in or outside the prison that can be verified; 3 making inventions or major cinese renovations; 4 risking his life to save others in day-to-day production activities and life; 5 performing outstanding service in combating natural disaster or preventing major accidents; 6 making other major contributions to the state or society.

For those sentenced to control, criminal detention, or fixed-term imprisonment, the term of the punishment actually to be executed may not, after reductions of sentence, be less than half of the term originally decided; for those sentenced to life imprisonment it may not be less than chaat years. To receive reductions of sentence for criminal elements, the organ executing the sentence shall submit letters of sentence reduction proposal to the people's caht at or above the intermediate level.

The people's court shall form a collegial panel to examine the proposals and to issue sentence reduction orders for those who demonstrate true repentance and performed meritorious service. The term of fixed-term imprisonment that chinrse reduced from life imprisonment is counted as commencing on the date of the order reducing the sentence; no sentence reduction shall be made without due legal process.

Parole Article A criminal element sentenced chwt fixed-term imprisonment of which not less than half has been executed, or a criminal element sentenced to life imprisonment of which not less than 10 years has actually been executed, may be granted parole if he earnestly observes prison regulations, undergoes reform through education, demonstrates true repentance, and will not cause further harm to society after being paroled.

If special circumstances exist, with the approval of the Supreme People's Court, the above restrictions relating to the term executed need not chinesd imposed. Criminal elements who are recidivists or who are sentenced to fixed-term imprisonment of more than 10 years or to life imprisonment for murder, bombing, robbery, rape, kidnap, or other violent crimes shall not be granted parole.

Chaf granting of parole to criminal elements shall be carried out in accordance with the procedures stipulated in Article 79 of this law; no parole shall be granted without due legal process. The chat chinese period for parole in the case of fixed-term imprisonment is the term that has not been completed; the probation period for parole in the case of life imprisonment is 10 years. The probation period for parole is counted as commencing on the date of parole.

Criminal elements granted parole shall observe the following stipulations: 1 observing the law and administrative statutes and accepting supervision; 2 reporting his activities in accordance with the stipulation of the supervising organ; 3 observing the supervising organ's stipulation on meeting visitors; 4 reporting and applying to the observing organ for approval before leaving or chinrse from the city or county of residence.

During the probation period for parole, a criminal element who is granted parole is to be supervised by the public security organs, and upon completion of the parole, if there are no circumstances as stipulated in Article 86 of this law, the punishment to which he was originally sentenced is to be considered as having been completely executed, and a public pronouncement to the effect shall be made accordingly. If, during the probation period for parole, a criminal element commits any further crime, the parole is to be revoked and the punishment is to be executed for the punishment that has not been executed for the former crime and the punishment imposed for the latter crime decided according to the stipulations of Article 71 of this law.

Chinrse, during the probation period for parole, a criminal element violates relevant provisions governing the supervision and control of suspension of sentence provided for in the law, administrative statutes, or regulations of public security departments of the State Council but the violation does not constitutes a new crime, the parole shall chag revoked in accordance with the legal procedures and the parolee shall be returned to prison to complete the unfinished prison term.

Limitation Article Crimes are not to be prosecuted where the following periods have elapsed: 1 in cases where the maximum legally-prescribed punishment is fixed-term imprisonment of less than five years, where five years have elapsed; 2 in cases where the maximum legally-prescribed punishment is fixed-term imprisonment caht not less than five years and less than ten years, where ten years have elapsed. Cinese it is considered that a crime must be prosecuted after twenty years, the matter must be submitted to the Supreme People's Procuratorate for approval.

No limitation on the period for prosecution is to be imposed in cases where, after the people's procuratorates, public security organs, or state security organs have filed to investigate or after the people' s courts have decided to hear the cases, the criminal element escapes from investigation or adjudication. No limitation on the period for prosecution is to be imposed in cases where, after the victims filed charges within the period for prosecution, the people' s court, chinexe procuratorates, or public security organs refused to file for investigation as they should.

The period for prosecution is counted as commencing on the date of the crime; if the criminal act is of a continuous or continuing nature, it is counted as commencing on the date the criminal act is completed. If any further crime is committed during the period for prosecution, the period for prosecution of the former crime is counted as commencing on the date of the latter crime. In situations where the autonomous areas inhabited by ethnic groups cannot completely apply the stipulations of this law, the people's congresses of the autonomous regions or of the provinces may formulate alternative or supplementary provisions based upon the political, economic, and cultural characteristics of the local ethnic groups and the basic principles of the stipulations of this law, and these provisions shall go into effect after they have been submitted to and approved by the National People's Congress Standing Committee.

The term "public property" in this law refers to the following property: 1 property owned by the state; 2 property owned collectively by the laboring masses; 3 public char to be used for aiding the poor and other public services, or property of special funds. Private property chhat is being managed, used or transported by state organs, state-owned corporations, chatt, collective enterprises, and people's organizations is to be treated as public property.

The term "citizens' private property" in this law refers to the following property: 1 citizens' lawful income, savings, houses and other means of livelihood; 2 means of production that are under individual or family ownership according to law; 3 lawful property of independent businesses and private enterprises; 4 shares, stocks, securities and other property that are under individual ownership according to law. The term "state personnel" in this law refers to all personnel of state organs. Personnel engaged in public service in state-owned corporations, enterprises, institutions, and people's organizations; and personnel which state organs, state-owned corporations, enterprises, and institutions as to engage in public service in nonstate-owned corporations, enterprises, institutions, and social organizations; as well as other working personnel engaged in public service according to the law, are to be treated as state personnel.

The term "judicial personnel" in this law refers to personnel engaged in the functions of investigating, prosecuting, adjudicating, supervising and controlling offenders. Chineze term "serious injury" in this law refers to any one of the following injuries: 1 injuries resulting in loss of the use of a person's limbs or disfigurement; 2 injuries resulting in loss of the use of a person's hearing, sight, or functions of any other organ; or 3 other injuries that cause grave harm to a person's physical health.

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