Order of the President of the People's Republic of China No. 41
The Amendment Ⅷ to the Criminal Law of the People's Republic of China, adopted at the 19th session of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on February 25, 2011, is hereby promulgated and shall come into effect on May 1, 2011.
President of the People's Republic of China Hu Jintao
February 25, 2011
Amendment Ⅷ to the Criminal Law of the People's Republic of China
1. One article is added after Article 17 as Article 17(a), which read: "A person who has reached the age of 75 may be subject to lesser or mitigated punishments against intentional crimes committed, and shall be given lesser or mitigated punishments against negligent crimes."
2. One paragraph is added as Paragraph 2 of Article 38, which reads: "Where a criminal is sentenced to public surveillance, he/she may also be prohibited, during the term of public surveillance, from engaging in certain activities, entering certain regions or premises, or meeting with certain persons, depending on the circumstance of crimes committed.” The original Paragraph 2 is amended to be Paragraph 3, which reads: "Community correction shall apply, in accordance with the law, to a criminal sentenced to public surveillance." One paragraph is added as Paragraph 4, which reads: "A criminal in violation of the prohibition order stipulated in Paragraph 2 shall be punished by the relevant public security organ in accordance with the Law of the People's Republic of China on Public Security Administration Punishments."
3. One paragraph is added as Paragraph 2 of Article 49, which reads: "Death penalty shall not apply to a person who has attained the age of 75 at the time of trial, except where the person has caused the death of others by especially cruel means."
4. Article 50 of the Criminal Law is amended to read: "Where a criminal sentenced to death penalty with probation commits no intentional crime within the period of probation, his/her sentence shall be commuted to life imprisonment upon the expiration of the two-year probation. If he/she has indeed rendered major meritorious service, his/her sentence shall be commuted to fixed-term imprisonment of 25 years upon the expiration of the two-year probation. If it is verified that he/she has committed an intentional crime, the death penalty shall be executed upon verification and approval of the Supreme People's Court.
"With regard to a recidivist sentenced to death penalty with probation and a criminal so sentenced for committing intentional homicide, rape, robbery, kidnapping, arson, explosion, spreading hazardous materials, or organized violent crimes, a people's court may impose restrictions on commutation depending on the circumstance of the crimes."
5. Paragraph 1 of Article 63 of the Criminal Law is amended to read: "If the circumstances of a crime call for a mitigated punishment in accordance herewith, the criminal shall be sentenced to a punishment less than the prescribed punishment. If there are several scales of prescribed punishments hereunder, the criminal shall be sentenced to the punishment less than the lowest scale of prescribed punishment. "
6. Paragraph 1 of Article 65 of the Criminal Law is amended to read: "If a criminal who is sentenced to fixed-term imprisonment or heavier punishments commits another crime punishable by fixed-term imprisonment or heavier punishments within five years after serving his/her sentence or receiving a pardon, he/she is a recidivist and shall be subject to a heavier punishment, with the exception of negligent crimes and crimes committed by a criminal under the age of 18."
7. Article 66 of the Criminal Law is amended to read: "A criminal who endangers State security, commits terrorist activities, engages in organized crimes committed by a group with the nature of criminal syndicate shall be treated and sentenced as a recidivist if he/she commits a crime under any of the abovementioned category at any time after serving his/her sentence or receiving a pardon."
8. One paragraph is added as Paragraph 3 of Article 67, which reads: "Notwithstanding the fact voluntary surrender as prescribed in the preceding two paragraphs does not apply to a criminal suspect, he/she may still be given a lesser punishment if he/she confesses his/her crime truthfully. In addition, the criminal suspect may be given a mitigated punishment if his/her truthful confession has prevented especially serious consequences from occurring."
9. Paragraph 2 of Article 68 of the Criminal Law is deleted.
10. Article 69 of the Criminal Law is amended to read: "If a person commits several crimes before a judgment is pronounced, his/her term of punishment shall, as the case may be, be decided in such a way that it is not longer than the total of the terms for all the crimes and is not shorter than the longest of all the terms for the crimes, unless he is sentenced to death penalty or life imprisonment. However, the term of public surveillance may not exceed three years, that of criminal detention may not exceed one year, and fixed-term imprisonment may not exceed 20 years if the total of all terms is less than 35 years, and may not exceed 25 years if the total is more than 35 years." "If supplementary punishments are imposed on any of the several crimes, the supplementary punishments shall still be executed, among which those of the same category shall be executed concurrently, and those of different categories shall be executed separately."
11. Article 72 of the Criminal Law is amended to read: "A suspension of sentence may be granted to a criminal who is sentenced to criminal detention or fixed-term imprisonment of not more than three years and satisfy the following conditions; and a suspension of sentence shall be granted if the said criminal is under the age of 18, a woman who is pregnant or a person who has attained the age of 75: "(1) The circumstances of the crime are relatively minor; "(2) The criminal has demonstrated repentance; "(3) The criminal will not commit any crime again; and "(4) Granting suspension of sentence will not result in significant adverse impact on the community of his/her residence. "Where a criminal is granted with suspension of sentence, he/she may also be prohibited from engaging in certain activities, entering certain regions or premises, or meeting with certain persons during the probation period depending on the circumstances of the crime." "Supplementary punishments, if any, imposed on a criminal granted with suspension of sentence shall still be executed."
12. Article 74 of the Criminal Law is amended to read: "Suspension of sentence shall not apply to recidivists and ringleaders of criminal groups."
13. Article 76 of the Criminal Law is amended to read: "A criminal granted with suspension of sentence shall be subject to community correction in accordance with the law within the probation period. In the absence of the circumstances stipulated in Article 77 herein, the punishment originally meted out against the criminal shall not be executed upon expiration of the probation period, which shall be made public."
14. Paragraph 2 of Article 77 of the Criminal Law is amended to read: "If, within the probation period for suspension of sentence, a criminal whose sentence has been suspended violates laws, administrative regulations or provisions of relevant departments of the State Council on supervision and administration of suspension of sentence, or violates the prohibition order rendered in the judgment of the people's court, and the circumstance of the violation is grave, the suspension shall be cancelled and the punishments originally meted out shall be executed. "
15. Paragraph 2 of Article 78 of the Criminal Law is amended to read: "After commutation, the term of punishment to be actually executed may not be less than: "(1) Half of the term of punishment originally decided in the case of public surveillance, criminal detention or fixed-term imprisonment; "(2) 13 years in the case of life imprisonment; and "(3) 25 years, applicable where the criminal is sentenced to death penalty with probation and is restricted for commutation by the people's court in accordance with Paragraph 2 of Article 50 herein, and he/she is commuted to life imprisonment upon expiration of the probation period; or 20 years if he/she is commuted to fixed-term imprisonment of 25 years upon expiration of the probation period."
16. Article 81 of the Criminal Law is amended to read: "Parole may be granted to a criminal sentenced to fixed-term imprisonment who has served more than half of the term of his/her original sentence, or a criminal sentenced to life imprisonment who has served not less than 13 years of his/her term, provided that he/she observes prison rules, accepts education and reform, shows true repentance and will not commit any new crime. Under special circumstances and with verification and approval of the Supreme People's Court, the above restrictions relating to the term served may be disregarded.
"Recidivists and criminals who are sentenced to fixed-term imprisonment of more than ten years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, spreading hazardous materials or organized violent crimes may not be granted parole."
"The decision on granting parole to a criminal shall take into consideration the impact
on the community of his/her residence after he/she is granted with parole."
17. Article 85 of the Criminal Law is amended to read: "A criminal who is granted with parole shall be subject to community correction in accordance with the law within the probation period for parole. In the absence of the circumstances stipulated in Article 86 herein, the punishment originally meted out against the criminal shall not be executed upon expiration of the probation period for parole, which shall be made public. "
18. Paragraph 3 of Article 86 of the Criminal Law is amended to read: "If, within the probation period for parole, a criminal who is granted parole violates the laws, administrative regulations or provisions of relevant departments of the State Council on supervision and administration of parole, and the said violation does not constitute a new crime, the parole shall be cancelled according to the statutory procedures and the criminal shall be summoned to prison to serve the unexecuted punishments. "
19. One paragraph is added to Article 100 as Paragraph 2 thereof: "A person who has not attained the age of 18 at the time of committing and is sentenced to fixed-term imprisonment of not more than five years shall be exempted from the reporting obligation prescribed in the preceding paragraph."
20. Article 107 of the Criminal Law is amended to as: "If an agency, organization or individual within or outside the territory of China provides funding to a crime under Article 102, Article 103, Article 104 or Article 105 of this Chapter, the person subject to direct liabilities shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than five years."
21. Article 109 of the Criminal Law is amended to read: "A State functionary who, while discharging his/her official duties at home or abroad, leaves his/her post without permission and defects to another country, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years." "A State functionary who holds State secrets shall be sentenced to heavier punishments in accordance with the provisions of the preceding Paragraph if he/she commits the crime prescribed in the preceding Paragraph."
22. One article is added after Article 133 of the Criminal Law as Article 133(a), which reads: "A person who chases with other automobiles when driving on the road or commits drunk-driving shall be sentenced to criminal detention and be concurrently given a fine, provided that the circumstances are grave." "A person who commits any of the acts under the preceding Paragraph, thus constituting any other crime, shall be convicted of and punished by the crime carrying a heavier punishment."
23. Paragraph 1 of Article 141 of the Criminal Law is amended to read: "Whoever manufactures or sells fake drugs shall be sentenced to fixed-term imprisonment of not more three years or criminal detention and be concurrently given a fine. Where serious harm to human health is caused or there are other grave circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and be concurrently given a fine. If death is caused to another person or there are other especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death penalty and be concurrently subject to a fine or confiscation of property."
24. Article 143 of the Criminal Law is amended to read: "Whoever produces or sells food not up to food safety standards, thus sufficient to cause serious food-poisoning accidents or any other serious disease caused by food-borne bacteria, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and be concurrently given a fine. If serious harm to human health is caused or there are other grave circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be concurrently given a fine. In the case of especially serious consequences, he/she shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and be concurrently subject to a fine or confiscation of property. "
25. Article 144 of the Criminal Law is amended to read: "Whoever mixes the food to be produced or sold with toxic or harmful non-food raw materials, or knowingly sells food mixed with toxic or harmful non-food materials, shall be sentenced to fixed-term imprisonment of not more than five years and be concurrently given a fine. If serious harm to human health is caused or there are other grave circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and be concurrently given a fine. If death is caused to another person or there are other especially serious circumstances, he/she shall be sentenced in accordance with Article 141 herein. "
26. Article 151 of the Criminal Law is amended 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 concurrently be subject to a fine or confiscation of property. In the case of especially serious circumstances, he/she shall be sentenced to life imprisonment or death penalty and be concurrently subject to confiscation of property. If the circumstances are relatively minor, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and be concurrently subject to a fine. "Whoever smuggles cultural relics, gold, silver and other precious metals, the export of which is forbidden by the State, or precious and rare species of wildlife as well as the products thereof, the import and export of which are forbidden by the State, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall be concurrently fined. In the case of especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life-imprisonment and shall concurrently be subject to confiscation of property. If the circumstances are relatively minor, he/she shall be sentenced to fixed-term imprisonment of not more than five years and be concurrently subject to a fine. "Whoever smuggles precious and rare species of plants and the products thereof, and other goods and articles, the import and export of which are forbidden by the State, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and be concurrently or separately subject to a fine. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than five years and be concurrently fined. "Where an entity commits the crime as prescribed in this Article, the entity shall be fined and the persons directly in charge and other persons subject to direct liabilities shall be punished, respectively, in accordance with the provisions of the paragraphs in this Article."
27. Paragraph 1 of Article 153 of the Criminal Law is amended as: "Whoever smuggles goods or articles not specified in Article 151, Article 152 and Article 347 herein shall, depending on the severity of the circumstances, be punished in accordance with the following provisions respectively: "(1) If he/she smuggles goods and articles to evade or dodge the payable duties to a larger amount or commits smuggling again after being given administrative penalties twice against smuggling within one year, he/she shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and be concurrently subject to a fine of not less than one time but not more than five times the amount of payable duties evaded or dodged; "(2) If the amount of payable duties evaded or dodged for smuggling goods and articles is huge or there are other serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be concurrently subject to a fine of not less than one time but not more than five times the amount of payable duties evaded or dodged; and "(3) If the amount of payable duties evaded or dodged for smuggling goods and articles is especially huge or there are other especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall be concurrently subject to a fine of not less than one time but not more than five times the amount of payable duties evaded or dodged or confiscation of property."
28. Paragraph 1 of Article 157 of the Criminal Law is amended to read: "Whoever shields smuggling with arms shall be subject to a heavier punishment in accordance with the provisions of the Paragraph 1 of Article 151 herein."
29. Article 164 of the Criminal Law is amended to read: "Whoever, for the purpose of seeking unjustified benefits, gives money or property in relatively large amount to any employee of a company or enterprise, or any employee of other entities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the amount involved is huge, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall be concurrently fined. "Whoever, for the purpose of seeking unjustified business interests, gives money or property to any foreign party performing official duties or officials of international public organizations shall be punished in accordance with the provisions of the preceding Paragraph. "Where an entity commits the crimes as mentioned in the preceding two paragraphs, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be punished in accordance with the provisions of Paragraph 1. "Any briber who confesses the bribery voluntarily prior to prosecution may be given a mitigated punishment or be exempted from punishment."
30. Article 199 of the Criminal Law is amended to read: "Whoever commits a crime specified in Article 192 of this Section, if the amount involved is especially huge and causes especially huge losses to the interests of the State and the people, shall be sentenced to life imprisonment or death penalty and be concurrently subject to confiscation of property."
31. Article 200 of the Criminal Law is amended to read: "Where an entity commits the crimes prescribed in Article 192, Article 194 or Article 195 of this Section, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may be concurrently fined. If the amount involved is huge or there are other grave circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and be concurrently fined. If the amount involved is especially huge or there are other especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and be concurrently fined."
32. Paragraph 2 of Article 205 of the Criminal Law shall be deleted.
33. One article is added after Article 205 of the Criminal Law as Article 206(a): "Whoever falsely makes out invoices other than those specified in Article 205 herein, if the circumstances are grave, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, and be concurrently fined. Under especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and be concurrently fined. "Where an entity commits the crime prescribed in the preceding Paragraph, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be punished in accordance with provisions of the preceding Paragraph."
34. Paragraph 2 of Article 206 of the Criminal Law shall be deleted.
35. One article is added after Article 210 of the Criminal Law as Article 210(a): "Whoever knowingly holds a forged invoice involving a larger amount shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance and be concurrently fined. If the amount involved is huge, he/she shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and be concurrently fined. "Where an entity commits the crime prescribed in the preceding Paragraph, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be punished in accordance with the provisions of the preceding Paragraph."
36. Article 226 of the Criminal Law is amended to read: "Whoever commits any of the following acts by violence or intimidation, if the circumstances are grave, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and be concurrently or separately fined. In the case of especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be concurrently fined. "(1) Buying or selling commodities by violence and intimidation; "(2) Compelling another person to provide or receive services; "(3) Compelling another person to participate in or withdraw from bidding or auction; "(4) Compelling another person to transfer or acquire shares, bonds or other assets of a company or enterprise; or "(5) Compelling another person to participate in or withdraw from specific business activities."
37. One article is added after Article 234 of the Criminal Law as Article 234(a): "Whoever organizes others to sell human organs shall be sentenced to fixed-term imprisonment of not more than five years and be concurrently fined. Under grave circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than five years and be concurrently subject to a fine or confiscation of property. "Whoever removes the organs of a person without the content thereof, or removes the organs of a minor, or compels or cheats another person to donate organs shall be convicted and punished in accordance with the provisions of Article 234 and Article 232 herein. "Whoever removes the body organs of a deceased person against his/her wish made when he/she was alive, or whoever removes the body organs of a deceased person where the person has never consented to the removal when he was alive, or in violation of State provisions, or against the wish of the deceased persons' immediate relatives, shall be convicted and punished in accordance with Article 302 herein. "
38. Article 244 of the Criminal Law is amended to read: "Whoever compels other persons to work by violence, intimidation or by means of restricting their personal freedom shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and be concurrently fined. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall ,be concurrently fined. "Whoever, with clear knowledge that another person is engaging in an act specified in the preceding Paragraph, recruits or transports personnel therefor or otherwise renders assistance in compelling others to work shall be punished in accordance with the preceding Paragraph. "Where an entity commits the crimes as prescribed in the preceding two paragraphs, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be punished in accordance with the provisions of Paragraph 1."
39. Article 264 of the Criminal Law is amended to read:" Whoever steals a relatively large amount of public or private property, or commits theft repeatedly, or commits burglary, or steals or pickpockets with a lethal weapon, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and be concurrently or separately fined. If the amount is huge or there are other grave circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and be concurrently fined. If the amount is especially huge or there are other especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and be concurrently subject to a fine or confiscation of property."
40. Article 274 of the Criminal Law is amended as: "Whoever extorts relatively large amount of publicly-owned or privately-owned money or property by blackmail, or does so repeatedly, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and be concurrently or separately fined. If the amount is huge or there are other grave circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and be concurrently fined. If the amount is especially huge or there are other especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years and be concurrently fined."
41. One article is added after Article 276 of the Criminal Law as Article 267(a): "Whoever dodges labor remuneration payable to laborers by transferring property or escaping, or refuses to pay laborers although he/she has the capacity to make payment, if the amount is relatively large, and if he/she still refuses to pay after being so ordered by relevant government departments, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and be concurrently or separately fined. If serious consequences are caused, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be concurrently fined. "Where an entity commits the crime prescribed in the preceding Paragraph, the entity shall be fined, and the persons directly in charge and other persons subject to direct liabilities shall be punished in accordance with the provisions of the preceding Paragraph. "Whoever commits the crime mentioned in the preceding two paragraphs but has not yet caused serious consequences may be given a mitigated punishment or be exempted from punishment, provided that he/she, prior to public prosecution, pays labor remuneration to laborers and bear the corresponding compensation liabilities in accordance with the law."
42. Article 293 of the Criminal Law is amended to read: "Whoever commits any of the following acts of causing disturbances, thus disrupting public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance: "(1) Beating another person at will and to a flagrant extent; "(2) Chasing, intercepting or hurling insults to and threatening another person to a flagrant extent; "(3) Forcibly taking or demanding, willfully damaging, destroying or occupying publicly-owned or privately-owned money or property to a serious extent; or "(4) Creating disturbances in a public place, thus causing serious disorder in the place. "Whoever musters others to repeatedly commit any act mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and may be concurrently fined."
43. Article 294 of the Criminal Law is amended to read: "Whoever forms or leads organizations in the nature of criminal syndicate shall be sentenced to fixed-term imprisonment of not less than seven years and be concurrently subject to confiscation of property. Whoever actively participates in the criminal syndicate shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and may be concurrently subject to fine or confiscation of property. Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and may be concurrently fined. "Members of overseas criminal syndicates who recruit members within the territory of the People's Republic of China shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. "Any State functionary who harbors an organization in the nature of criminal syndicate or connives at such organization's illegal or criminal acts shall be sentenced to fixed-term imprisonment of not more than five years. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than five years. "Whoever commits any other crimes in addition to those prescribed in the preceding three paragraphs shall be punished in accordance with the provisions on combined punishment for several crimes.”An organization in the nature of criminal syndicate shall have the following features: "(1) It has formed a stable criminal organization with a larger number of participants and definite and stable organizers, leaders and key members; "(2) It gains economic benefits through organized illegal and criminal activities or by other means, and has certain economic strength to support its activities; "(3)It repeatedly commits organized illegal and criminal activities through violence, intimidation or by other means, perpetrating outrages, riding roughshod over or cruelly injuring or killing the people; and "(4) By way of committing illegal and criminal acts, or taking advantage of the protection and connivance by State functionaries, it plays the bully over an area, and exercises illegal control and wields illegal and enormous influence over a certain area or industry, thus seriously disrupting the economic order and people's daily activities."
44. Article 295 of the Criminal Law is amended to read: "Whoever teaches another person how to commit a crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. If the circumstances are especially serious, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment. "
45. Paragraph 1 of Article 328 of the Criminal Law is amended to read: "Whoever excavates and robs a site of ancient culture or ancient tomb of historical, artistic or scientific value shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and be concurrently fined. If the circumstances are relatively minor, he/she shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and be concurrently fined. Under any of the following circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and be concurrently subject to a fine or confiscation of property: "(1) Excavating and robbing a site of ancient culture or ancient tomb designated as a major site to be protected at the national or provincial level for its historical and cultural value; "(2) Being a ringleader of a gang engaging in excavating and robbing sites of ancient culture or ancient tombs; "(3) Repeatedly excavating and robbing sites of ancient culture or ancient tombs; or "(4) Excavating and robbing a site of ancient culture or ancient tombs, and robbing valuable cultural relics therein or causing serious damage to such relics."
46. Article 338 of the Criminal Law is amended to read: "Whoever, in violation of State provisions, discharges, dumps or disposes of radioactive waste, waste containing pathogen of infectious diseases, toxic substances or other hazardous waste, thus causing serious environmental pollution, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and be concurrently or separately fined. If the consequences are especially serious, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be concurrently fined."
47. Paragraph 1 of Article 343 of the Criminal Law is amended to read: "Whoever, in violation of the Mineral Resources Law, mines without a mining license, enters, without authorization, a mining area under State planning, or a mining area of great value to national economy or another person's mining area for mining, or mines specified minerals subject to protective mining prescribed by the State without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and be concurrently or separately fined. If the circumstances are especially serious, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be concurrently fined."
48. Paragraph 3 of Article 358 of the Criminal Law is amended to read: "Whoever recruits or transports personnel for a person organizing prostitution, or otherwise assists in arranging for another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years and be concurrently fined. If the circumstances are of a grave nature, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and be concurrently fined."
49. One article is added after Article 408 of the Criminal Law as Article 408(a):"A State functionary with food safety supervision and management duties shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if he/she abuses powers or neglects duties, thus causing a major food safety accident or resulting in other serious consequences. If especially serious consequences are caused, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. "Any person who commits the foregoing crime and engages in malpractice for personal gains shall be subject to a heavier punishment."
50. This Amendment shall come into force from May 1, 2011.
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