The full text of the criminal law amendment (IX) was adopted on August 29th, 20 15, and will be implemented on August 29th, 2011. The ninth amendment of the new criminal law reduced 9 death penalty charges again, and reduced 46 death penalty charges in the post-criminal law. The new criminal law stipulates that those who buy abducted women and children, do not abuse the bought children, and do not hinder the rescue can be given a lighter punishment; 18 Abolish the crime of whoring with young girls, which is treated as rape. In this paper, Bian Xiao, the Legal Express, interprets the full text of the Ninth Amendment to the Criminal Law 20 18. If you encounter difficulties in criminal matters, we suggest that you entrust a lawyer to handle them and protect your rights and interests to the greatest extent! The nine minor capital punishment crimes in the Ninth Amendment to the Criminal Law are: smuggling weapons, ammunition, nuclear materials, smuggling counterfeit money, counterfeiting money, fund-raising fraud, organizing prostitution, forcing prostitution, obstructing the execution of military duties, spreading rumors and confusing people in wartime, etc.

Legal basis:

People's Republic of China (PRC) Criminal Law Amendment (IX)

1. One article is added after Article 37 of the Criminal Law as one of Article 37: "If a person is sentenced for committing a crime by taking advantage of his position or violating a specific obligation required by his position, the people's court may, according to the situation of the crime and the need to prevent recidivism, prohibit him from engaging in related occupations from the date of completion of punishment or the date of parole for a period of three to five years.

"If a person who is prohibited from engaging in related occupations violates the decision made by the people's court in accordance with the provisions of the preceding paragraph, he shall be punished by the public security organ according to law; If the circumstances are serious, he shall be convicted and punished in accordance with the provisions of Article 313 of this Law.

Where other laws and administrative regulations prohibit or restrict them from engaging in related occupations, such provisions shall prevail.

2. Amend the first paragraph of Article 50 of the Criminal Law to read: "If there is no intentional crime during the suspended execution of the death penalty, it will be reduced to life imprisonment after the expiration of two years; If there is indeed a significant meritorious service, after the expiration of two years, it will be reduced to 25 years in prison; If the crime is intentional and the circumstances are bad, the death penalty shall be executed after being reported to the Supreme People's Court for approval; If the death penalty is not executed for intentional crimes, the time limit for suspension of execution of the death penalty shall be recalculated and reported to the Supreme People's Court for the record. "

Three. Article 53 of the Criminal Law is amended as: "The fine shall be paid in one lump sum or in installments within the time limit specified in the judgment. If it is not paid at the expiration of the period, it will be compulsory. If the fine cannot be paid in full, the people's court shall recover it at any time if it finds that the person subjected to execution has executable property.

If it is really difficult to pay due to irresistible disasters and other reasons, the people's court may postpone, reduce or exempt the payment as appropriate.

4. One paragraph is added to Article 69 of the Criminal Law as the second paragraph: "Whoever is sentenced to fixed-term imprisonment or criminal detention for several crimes shall be sentenced to fixed-term imprisonment. If a person is sentenced to fixed-term imprisonment, public surveillance, or criminal detention or public surveillance for several crimes, public surveillance must still be carried out after the execution of fixed-term imprisonment and criminal detention. "

The original second paragraph was the third paragraph.

5. Amend Article 120 of the Criminal Law to read: "Whoever organizes or leads a terrorist organization shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment with confiscation of property; Those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or deprivation of political rights, and may also be fined.

Whoever commits the crime mentioned in the preceding paragraph and commits crimes such as murder, explosion and kidnapping shall be punished in accordance with the provisions on combined punishment for several crimes.

6. Amend Article 120-1 of the Criminal Law to read: "Whoever finances a terrorist organization, an individual who carries out terrorist activities or finances terrorist training shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or confiscated.

"Whoever organizes or carries out terrorist activities or trains or transports personnel for terrorist activities shall be punished in accordance with the provisions of the preceding paragraph.

Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the first paragraph.

Seven, five articles are added after Article 120 of the Criminal Law as Articles 122, 123, 124, 125 and 126:

"Article 120 bis Whoever falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or confiscated:

"(1) Preparing lethal weapons, dangerous goods or other tools for terrorist activities;

"(2) Organizing terrorist activities training or actively participating in terrorist activities training;

"(3) Contacting overseas terrorist organizations or personnel for the purpose of carrying out terrorist activities;

"(4) Planning or other preparations for terrorist activities." 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.

"Article 120 ter Whoever produces and distributes books, audio-visual materials or other articles, teaches and publishes information, incites terrorist activities and promotes terrorism and extremism shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or confiscated.

"Article 124 Whoever incites or coerces the masses by extremism and undermines the implementation of the marriage, justice, education and social management systems as determined by national laws shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he 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 circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated.

"Article 125 Whoever forces others to wear clothes or signs that promote terrorism and extremism in public places by violence or coercion shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.

Article 126 Whoever knowingly illegally holds books, audio-visual materials or other articles that propagate terrorism and extremism, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also or only be fined.

8. Article 133 of the Criminal Law is amended as: "Anyone who drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:

"(a) chasing racing, if the circumstances are bad;

"(two) drunk driving a motor vehicle;

"(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers to carry passengers, or seriously exceeding the prescribed speed;

"(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, endangering public safety.

"Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph 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.

9. Amend the first paragraph of Article 151 of the Criminal Law to read: "Whoever smuggles weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment and confiscation of property; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "

10. The first paragraph of Article 164 of the Criminal Law is amended as: "Whoever gives money or property to the staff of a company, enterprise or other unit for the purpose of seeking illegitimate interests, 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, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined. "

1 1. Amend Article 170 of the Criminal Law to read: "Whoever forges money shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated:

"(1) ringleaders of counterfeit currency groups;

"(two) the amount of counterfeit currency is particularly huge;

"(3) There are other particularly serious circumstances."

12. Delete Article 199 of the Criminal Law.

Article 237 of the Criminal Law is amended as: "Whoever forcibly molests others or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

"Whoever gathers people in a public place or openly commits the crime mentioned in the preceding paragraph, or has other bad circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.

"Whoever molests a child shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs."

14. Amend the second paragraph of Article 239 of the Criminal Law to read: "Whoever commits the crime mentioned in the preceding paragraph and kills the kidnapped person, or intentionally hurts the kidnapped person, causing serious injury or death, shall be sentenced to life imprisonment or death, and his property shall be confiscated."

15. Amend the sixth paragraph of Article 241 of the Criminal Law to read: "Whoever buys abducted women and children, does not abuse the bought children and does not hinder the rescue, may be given a lighter punishment; If the woman is not prevented from returning to her original place of residence according to her wishes, she may be given a lighter or mitigated punishment. "

16. One paragraph is added as the third paragraph in Article 246 of the Criminal Law: "If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ for assistance."

17. One of Article 253 of the Criminal Law is amended as: "Whoever, in violation of relevant state regulations, sells or provides personal information of citizens to others, if the circumstances are serious, 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 circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

"Whoever, in violation of the relevant provisions of the state, sells or provides others with personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

"Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph.

Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding three paragraphs.

18. the third paragraph of article 260th of the criminal law is amended as: "the crime in the first paragraph will be dealt with only if it is told, except that the victim cannot tell it, or because of coercion or intimidation."

19. One article is added after Article 260th of the Criminal Law as one of Article 260th: "Whoever maltreats minors, the elderly, the sick or the disabled, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

"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.

Whoever commits the acts mentioned in the first paragraph and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.

20. The first paragraph of Article 267 of the Criminal Law is amended as: "Whoever robs public or private property in a relatively large amount, or repeatedly robs it, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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 particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. "

2 1. Article 277 of the Criminal Law is added as the fifth paragraph: "Whoever violently attacks the people's police who perform their duties according to law shall be given a heavier punishment in accordance with the provisions of the first paragraph."

22. Article 280 of the Criminal Law is amended as: "Whoever forges, alters, buys or sells or steals, seizes or destroys official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, 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.

"Whoever forges the seal of a company, enterprise, institution or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined.

"Whoever forges, alters or buys or sells resident identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "

23. One article is added after Article 280 of the Criminal Law as one of Article 280: "Whoever uses forged, altered or stolen resident identity cards, passports, social security cards, driver's licenses and other documents that can prove his identity according to law in activities that should provide identification according to state regulations, if the circumstances are serious, shall be sentenced to 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 at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.

Article 283 of the Criminal Law is amended as: "Whoever illegally produces or sells special equipment for spies or special equipment for eavesdropping or stealing photos shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also or only be fined; If the circumstances are serious, he 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 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.

25. One article is added after Article 284 of the Criminal Law as one of Article 284: "Whoever cheats in the national examinations prescribed by law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

"Whoever provides cheating equipment or other assistance for others to commit the crime mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.

"Whoever illegally sells or provides the test questions and answers specified in the first paragraph to others for the purpose of cheating in the exam shall be punished in accordance with the provisions of the first paragraph.

Those who replace others or let others take the examinations prescribed in the first paragraph instead of themselves shall be sentenced to criminal detention or public surveillance and shall also or only be fined.

26. Article 285 of the Criminal Law adds one paragraph as the fourth paragraph: "If a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of each paragraph."

27. Article 286 of the Criminal Law adds one paragraph as the fourth paragraph: "If a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the first paragraph."

28. One article is added after Article 286 of the Criminal Law, as one of Article 286: "Internet service providers fail to perform the obligations of information network security management stipulated by laws and administrative regulations, and refuse to make corrections after being ordered by the regulatory authorities. Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined:

"(a) resulting in the dissemination of a large number of illegal information;

"(two) lead to the disclosure of user information, resulting in serious consequences;

"(3) Causing the loss of evidence in criminal cases, and the circumstances are serious;

"(four) there are other serious circumstances.

"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.

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.

Twenty-nine, two articles are added after Article 287th of the Criminal Law as one of Article 287th and Article 287th bis:

"Article 287 Whoever commits one of the following acts by using information networks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined:

"(a) the establishment of websites and distribution groups, fraud, teaching criminal methods, making or selling prohibited items, controlled items and other illegal and criminal activities;

(2) publishing information on manufacturing and selling drugs, guns, obscene articles and other prohibited articles, controlled articles or other illegal and criminal activities;

"(three) the release of information to implement fraud and other illegal and criminal activities.

"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 first paragraph.

"Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.

"Article 287 bis Anyone who knowingly provides technical support to others, such as Internet access, server hosting, network storage, communication transmission, etc. Whoever commits a crime, or provides assistance such as advertising, payment and settlement, if the circumstances are serious, 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 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 first 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.

30. The first paragraph of Article 288 of the Criminal Law is amended as: "Whoever, in violation of state regulations, sets up or uses a radio station without authorization, or uses radio frequencies without authorization to disturb the order of radio communication, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; If the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "

3 1. The first paragraph of Article 290 of the Criminal Law is amended as: "If a crowd is gathered to disturb social order and the circumstances are serious, so that work, production, business, teaching, scientific research and medical treatment cannot be carried out, and serious losses are caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or deprivation of political rights. "

Two paragraphs are added as the third and fourth paragraphs: "Whoever repeatedly disturbs the working order of state organs and fails to correct it after administrative punishment, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Whoever organizes or subsidizes others to gather illegally for many times and disturbs social order, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.

32. One paragraph is added as the second paragraph of Article 291-1 of the Criminal Law: "Whoever fabricates false information about danger, epidemic situation, disaster and early warning and spreads it on the information network or other media, or knowingly spreads it on the information network or other media, thus seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Those who cause serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. "

33. Article 300 of the Criminal Law is amended as: "Whoever organizes or uses cult organizations or uses superstition to undermine the implementation of state laws and administrative regulations 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 circumstances are especially serious, 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 the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also or only be fined.

"Whoever organizes or uses a cult organization or uses superstition to deceive others, causing serious injuries or death, shall be punished in accordance with the provisions of the preceding paragraph.

"Whoever commits the crime mentioned in the first paragraph and commits the crime of raping women and defrauding property shall be punished in accordance with the provisions of combined punishment for several crimes."

Article 302 of the Criminal Law is amended as: "Whoever steals, insults or intentionally destroys a corpse, skeleton or ashes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance."

35. One article is added after Article 307 of the Criminal Law as one of Article 307: "Whoever brings a civil lawsuit with fabricated facts, impairs the judicial order or seriously infringes upon the legitimate rights and interests of others, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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 three years but not more than seven years and shall also be 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.

"Whoever commits the act in the first paragraph, illegally occupies other people's property or evades legal debts, which constitutes other crimes, shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.

"Judicial personnel who use their powers to commit the acts mentioned in the preceding three paragraphs in collusion with others shall be given a heavier punishment; If it constitutes other crimes at the same time, it shall be convicted and severely punished in accordance with the provisions of heavier punishment. "