Individual reduction of the age of criminal responsibility
The 11th Amendment to the Criminal Law stipulates that minors aged 12 to 14 who commit serious violent crimes will also bear criminal responsibility under the premise of "special circumstances and special procedures".
At the same time, clarify the responsibility of parents or other guardians for discipline, and stipulate that special corrective education should be carried out according to law when necessary.
Strengthen the protection of minors
Increase the crime of sexual assault by personnel with special duties, and those who have special duties such as guardianship, adoption, nursing, education and medical care for underage women who have reached the age of 14 and under 16, and have sexual relations with the underage women, shall be sentenced to fixed-term imprisonment of not more than three years; If the circumstances are bad, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Amend the crime of raping a young girl to make it clear that if the circumstances are serious, such as raping a young girl who is dissatisfied with 10 or causing harm to a young girl, she can be sentenced to fixed-term imprisonment of more than 10 years, life imprisonment or death.
Amend the crime of child molestation, and further clarify the specific circumstances of severely punishing child molestation, including molesting more than one child or more times; Causing injuries to children or other serious consequences; Bad and obscene means, etc.
Strengthen the criminal legal protection of epidemic prevention and control
It is within the scope of adjustment of this crime to amend the crime of obstructing the prevention and control of infectious diseases and clarify that COVID-19 and other countries have decided to take measures to manage infectious diseases of Class A infectious diseases according to law.
Supplementary provisions have been made on criminal acts such as refusing to implement the prevention and control measures put forward by the people's governments at or above the county level and the disease prevention and control institutions according to law, and illegally selling and transporting pollutants in epidemic areas.
Intensify the crackdown on the crime of manufacturing and selling inferior drugs
The Criminal Law Amendment (11) stipulates that the crime of manufacturing and selling inferior drugs is equally punished as the crime of manufacturing and selling counterfeit drugs. Provisions: whoever produces or sells inferior drugs and causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Severely punish financial chaos
Raise the statutory maximum penalty for the crime of illegally absorbing public deposits from ten years to fifteen years, adjust the penalty structure of the crime of fund-raising fraud, and increase the punishment for the crime of illegal fund-raising.
Clearly punish illegal debt collection, and make it a crime to collect illegal debts generated by high-interest loans by means of violence and "soft violence"
Intensify the punishment of securities crimes.
Increase the crime of throwing objects at high altitude and robbing the steering wheel of the bus.
Whoever throws objects from buildings or other heights, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also, or shall only, be fined. Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment.
Whoever uses violence or robs the driver of a moving public transport to interfere with the normal operation of public transport and endanger the safety of public transport shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and shall also, or shall only, be fined.
Increase the crime of "impersonation"
Whoever steals or fraudulently uses another person's identity to obtain the qualifications for higher education entrance, civil servant employment and job placement instead of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.
Whoever organizes or instigates others to commit the acts mentioned in the preceding paragraph shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
State functionaries who commit the acts mentioned in the preceding two paragraphs, which constitute other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes.
Increase the crime of insulting and slandering heroes and heroes.
The criminal law amendment (11) is connected with the law on the protection of heroic martyrs, and the act of insulting and slandering heroic martyrs is clearly defined as a crime. It stipulates that "whoever insults, slanders or otherwise infringes on the reputation and honor of heroic martyrs and harms the public interest, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights."
Increase crimes such as illegal gene editing.
The criminal law amendment (11) is connected with the biosafety law, adding three types of criminal acts: the crime of illegally editing human genes and cloning embryos; Crimes that seriously endanger the safety of human genetic resources in the country; Crime of illegal disposal of alien invasive species, etc.
Amend and improve the provisions on intellectual property crimes.
Appropriately increase the penalties for six crimes stipulated in the Criminal Law, such as the crime of selling counterfeit registered trademark goods, the crime of illegally manufacturing and selling illegally manufactured registered trademark goods, the crime of infringing copyright, the crime of selling infringing copies, and the crime of infringing trade secrets, and further increase the penalties.
Added the crime of "commercial espionage".
Legal basis:
People's Republic of China (PRC) Criminal Law Amendment (XI)
Article 17 of the Criminal Law is amended as: "A person who has reached the age of 16 commits a crime and shall bear criminal responsibility.
"A person who has reached the age of 14 but under the age of 16 commits the crime of intentional homicide, intentional injury, causing serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility.
"A person who has reached the age of 12 but under the age of 14 commits the crime of intentional homicide or intentional injury by particularly cruel means, causing death or serious disability, and if the circumstances are bad, he shall be prosecuted with the approval of the Supreme People's Procuratorate and bear criminal responsibility.
"If a person under the age of 18 is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs, he shall be given a lighter or mitigated punishment.
"If a person is not given criminal punishment because he is under sixteen years of age, his parents or other guardians shall be ordered to discipline him; If necessary, carry out special correction education according to law. "
2. One article is added after Article 133bis of the Criminal Law as Article 133bis: "Whoever uses violence or grabs the driving control device against the driver of a public transport while driving, interferes with the normal operation of public transport and endangers the safety of public transport, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and shall also, or shall only, be fined.
"If the driver specified in the preceding paragraph leaves his post without leave on public transport, fights with others or beats others, thus endangering the safety of public transport, he shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished according to the provisions of heavier punishment.
3. Amend the second paragraph of Article 134 of the Criminal Law to read: "Whoever forces others to take risks in violation of regulations, or does not rule out the hidden dangers of major accidents, but still takes risks in organizing operations, causing heavy casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are particularly bad, they shall be sentenced to fixed-term imprisonment of more than five years. "
4. One article is added after Article 134 of the Criminal Law as one of Article 134: "Whoever violates the relevant provisions on the safety management of production and operation, under any of the following circumstances, is really in danger of serious casualty accidents or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance:
"(a) shut down or destroy the monitoring, alarm, protection and life-saving equipment and facilities directly related to production safety, or tamper with, conceal or destroy the data and materials related to it;
"(2) Being ordered to stop production and business, stop construction, stop using relevant equipment, facilities and places, or taking immediate corrective measures to eliminate the danger, and refusing to implement them;
(3) engaging in highly dangerous production activities such as mining, metal smelting, construction and the production, management and storage of dangerous goods without approval or permission according to law.
5. Amend Article 141 of the Criminal Law to read: "Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated.
Drug addicts who knowingly provide counterfeit drugs to others for use shall be punished in accordance with the provisions of the preceding paragraph.
The intransitive verb amends Article 142 of the Criminal Law to read: "Whoever produces or sells inferior drugs and causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
"Drug addicts who knowingly provide inferior drugs to others shall be punished in accordance with the provisions of the preceding paragraph."
7. One article is added after Article 142 of the Criminal Law as one of Article 142: "Whoever violates the drug administration regulations and has one of the following circumstances, which is enough to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
"(a) the production and sale of drugs prohibited by the drug supervision and administration department of the State Council;
"(2) producing, importing or selling drugs without obtaining the certificate of drug approval;
"(3) providing false certificates, data, materials and samples or applying for drug registration by other deceptive means;
"(4) fabricating production and inspection records.
Whoever commits the acts listed in the preceding paragraph and constitutes a crime or other crimes as stipulated in Articles 141 and 142 of the Price Law shall be convicted and punished in accordance with the provisions of heavier punishment.
8. Article 160 of the Criminal Law is amended as: "Whoever conceals important facts or fabricates major false contents in the prospectus, subscription book, corporate bond raising method and other issuance documents, and issues stocks or corporate bonds, depositary receipts or other securities recognized by the State Council according to law, if the amount is huge, the consequences are serious or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or shall only be fined; If the amount is especially huge, the consequences are especially serious or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.
"Controlling shareholders and actual controllers who organize or instigate the implementation of the acts mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than 20% but not more than 100% of the amount of illegal fund-raising; If the amount is especially huge, the consequences are especially serious or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20% but not more than one time the amount of illegal fund-raising.
"If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined not less than 20% but not more than 100% of the amount of illegal fund-raising, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph."
Nine. Article 161 of the Criminal Law is amended as: "If a company or enterprise that is legally obligated to disclose information provides false financial and accounting reports to shareholders and the public or conceals important facts, or fails to disclose other important information that should be disclosed according to law, which seriously damages the interests of shareholders or others, or if there are other serious circumstances, the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or shall only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
"If the controlling shareholder or actual controller of a company or enterprise specified in the preceding paragraph commits or organizes or instigates the acts specified in the preceding paragraph, or conceals relevant matters, which leads to the occurrence of the circumstances specified in the preceding paragraph, it shall be punished in accordance with the provisions of the preceding paragraph.
Where the controlling shareholder or actual controller who commits the crime mentioned in the preceding paragraph is a unit, the unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
10. Amend the first paragraph of Article 163 of the Criminal Law to read: "Any employee of a company, enterprise or other unit who, by taking advantage of his position, extorts or illegally accepts other people's property and seeks benefits for others, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and fined. "
1 1. Amend the first paragraph of Article 175-1 of the Criminal Law to read: "Whoever obtains loans, bill acceptance, letters of credit, guarantees, etc. and defrauds the funds of banks or other financial institutions, thus causing heavy losses to banks or other financial institutions, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or shall only be fined; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "
12. Amend Article 176 of the Criminal Law to read: "Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
"If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
"Anyone who commits the acts mentioned in the preceding two paragraphs and actively returns stolen goods and compensation before filing a public prosecution to reduce the occurrence of damage results may be given a lighter or mitigated punishment."
13. The first paragraph of Article 182 of the Criminal Law is amended as: "Whoever manipulates the securities and futures market and affects the trading price or volume of securities and futures under any of the following circumstances, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined:
"(a) alone or in collusion, concentrate funds, equity or position advantages, or use information advantages to jointly or continuously buy and sell;
"(2) colluding with others to trade securities and futures with each other at the time, price and manner agreed in advance;
"(3) buying and selling securities between accounts under its actual control, or buying and selling futures contracts on its own;
"(four) frequent or large declaration of the sale of securities and futures contracts, and to cancel the declaration for the purpose of closing;
"(5) Inducing investors to trade securities and futures by using false or uncertain important information;
"(6) Making comments, predictions or investment suggestions on the disclosure of securities, securities issuers and futures trading targets, and conducting reverse securities trading or related futures trading at the same time;
"(7) manipulating the securities and futures markets by other means."
14. Amend Article 191 of the Criminal Law to read: "Whoever commits any of the following acts, conceals or disguises the income, source and nature of drug crimes, organized crimes of underworld nature, terrorist activities, smuggling crimes, corruption and bribery crimes, crimes against financial management order and financial fraud crimes, shall be confiscated and sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or shall only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined:
"(1) Providing capital accounts;
"(2) Converting property into cash, financial bills or securities;
"(3) transferring funds by transfer or other payment and settlement methods;
"(4) Cross-border transfer of assets;
"(5) concealing or disguising the source and nature of criminal proceeds and their proceeds by other means.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
15. Article 192 of the Criminal Law is amended as: "Whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
16. Amend Article 200 of the Criminal Law to read: "If a unit commits the crimes specified in Articles 194 and 195 of this section, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and fined. "
17. Amend Article 213th of the Criminal Law to read: "Whoever uses the same trademark as the registered trademark on the same commodity or service without the permission of the registered trademark owner, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined. "
18. Article 214th of the Criminal Law is amended as: "Whoever knowingly sells goods with counterfeit registered trademarks, and the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined. "
19. Article 215 of the Criminal Law is amended as: "Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined. "
20. Article 217 of the Criminal Law is amended as: "Whoever commits one of the following acts of infringing copyright or copyright-related rights for the purpose of making profits, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined:
"(1) Reproduction and distribution of written works, music, fine arts, audio-visual works, computer software and other works prescribed by laws and administrative regulations to the public through information networks without the permission of the copyright owner;
"(2) publishing books with exclusive publishing rights enjoyed by others;
"(3) reproducing the audio and video products made by the producer of the audio and video recordings and distributing them to the public through the information network without the permission of the producer;
"(four) without the permission of the performer, copying and distributing the audio and video products of his performance, or spreading his performance to the public through the information network;
"(five) the production and sale of counterfeit works of art;
"(6) Deliberately avoiding or destroying the technical measures taken by copyright owners to protect their works, audio and video products and other copyrights or copyright-related rights. Without the permission of the copyright owner or the copyright-related obligee. "