中华人民共和国刑法（二）

Article 48 The amount of any fine imposed shall be determined according to the circumstances of the crime.

Article 49 A fine may be paid in a lump sum or in installments within the time limit specified in the judgment. If a fine is not paid upon the expiration of that time limit， the payment shall be compelled. If a person has true difficulties in paying because of an unavoidable disaster， the fine may be reduced or remitted according to the circumstances.

Section 7 Deprivation of Political Rights

Article 50 Deprivation of political rights refers to deprivation of the following rights：

（1） the right to vote and to stand for election；

（2） the rights provided for in Article 45 of the Constitution；（*2）

（3） the right to hold a position in a state organ； and

（4） the right to hold a leading position in any enterprise， institution or people's organization.

Article 51 A term of deprivation of political rights shall not be less than one year and not more than five years， except as stipulated in Article53 of this Law.

If a person sentenced to public surveillance is deprived of political rights as a supplementary punishment， the term of deprivation of political rights shall be the same as the term of public surveillance， and the punishments shall be executed simultaneously.

Article 52 Counterrevolutionaries shall be sentenced to deprivation of political rights as a supplementary punishment； where necessary， criminals who seriously undermine public order may also be sentenced to deprivation of political rights as a supplementary punishment.

Article 53 Criminals who are sentenced to death or to life imprisonment shall be deprived of political rights for life.

If a death penalty with a suspension of execution is commuted to a fixed-term imprisonment， or a life imprisonment is commuted to a fixed-term imprisonment， the term of the supplementary punishment of deprivation of political rights shall be changed to not less than three years and not more than ten years.

Article 54 A term of deprivation of political rights as a supplementary punishment shall be counted form the date on which imprisonment or criminal detention ends or from the date on which parole begins. Deprivation of political rights shall of course be in effect during the period in which the principal punishment is being executed.

Section 8 Confiscation of Property

Article 55 Confiscation of property refers to the confiscation of part or all of the property personally owned by a criminal.

When a sentence of confiscation of property is imposed， property that the criminal's family members own or should down shall not be subject to Confiscation.

Article 56 If it is necessary to use a confiscated property to repay legitimate debts that the criminal incurred before his property is sealed under court orders， a people's court shall so order it at the request of the Creditors.

Chapter IV The Concrete Application of Punishments

Section 1 Sentencing

Article 57 When sentencing a criminal， a punishment shall be imposed based on the facts， nature and circumstances of the crime， the degree of harm done to society and the relevant provisions of this Law.

Article 58 In cases where the circumstances of a crime call for a heavier or a lighter punishment under the provisions of this Law， the criminal shall be sentenced to a punishment within the limits of the prescribed punishment.

Article 59 In cases where the circumstances of a crime call for a mitigated punishment under the provisions of this Law， the criminal shall be sentenced to a punishment less than the prescribed punishment.

Even if the circumstances of a crime do not warrant a mitigated punishment under the provisions of this Law， the criminal may， upon decision of the judicial committee of a people's court， be sentenced to a punishment less than the prescribed punishment if， according to the particulars of the case， even the minimum prescribed punishment would be too Severe.

Article 60 All property illegally obtained by a criminal shall be recovered， or compensation shall be ordered. Contrabands and possessions of the criminal that were used in the crime shall be confiscated.

Section 2 Recidivists

Article 61 If a criminal commits another crime punishable by fixed term imprisonment or heavier penalty within three years after serving his sentence of not less than fixed-term imprisonment or receiving a pardon， he is a recidivist and shall be given a heavier punishment. However， this shall not apply to cases of negligent crime.

For criminals who are paroled， the period stipulated in the preceding paragraph shall be counted from the date the parole expires.

Article 62 A counterrevolutionary who commits another crime of counter revolution at any time after serving his sentence or receiving a pardon shall be dealt with as a recidivist.

Section 3 Voluntary Surrender

Article 63 Anyone who voluntarily surrenders after committing a crime may be given a lighter punishment. Those whose crimes are relatively minor maybe given a mitigated punishment or be exempted from punishment； those whose crimes are relatively serious but who have performed meritorious service may also be given a mitigated punishment or be exempted from punishment.

Section 4 Combined Punishment for Several Crimes

Article 64 For a criminal who commits several crimes before a judgment is pronounced， unless he is sentenced to death or life imprisonment， his term of punishment shall be decided in such a way that it may not exceed the total of the terms for all the crimes and must be longer than the maximum term for any one of the crimes， depending on the circumstances of each case. However， the term of public surveillance may not exceed three years， the term of criminal detention may not exceed one year， and fixed-term imprisonment may not exceed twenty years.

If among the crimes there are any for which a supplementary punishment is imposed， the supplementary punishment must still be executed.

Article 65 If after a judgment has been pronounced but before the punishment has been completely executed it is discovered that before the judgment was pronounced the criminal committed another crime for which he was not sentenced， a judgment shall also be rendered for the newly discovered crime； the punishment to be executed shall be determined on the basis of the punishments imposed in the former and latter judgments and according to the provisions of Article 64 of this Law. Any portion of the term that has already been served shall count towards fulfil ment of the term imposed by the latest judgment.

Article 66 If after a judgment has been pronounced but before the punishment has been completely executed the criminal again commits a crime， another judgment shall be rendered for the newly committed crime； the punishment to be executed shall be decided on the basis of the punishment that remains to be executed for the former crime and the punishment imposed for the latter crime and according to the provisions of Article 64 of this Law.

Section 5 Suspension of Sentence

Article 67 A suspension of sentence may be granted to a criminal sentenced to criminal detention or to fixed-term imprisonment of not more than three years if， according to the circumstances of his crime and his demonstration of repentance， it is considered that suspension of the sentence will not result in further harm to society.

If a supplementary punishment has been imposed on a criminal whose sentence has been suspended， the supplementary punishment must still be executed.

Article 68 The probation period for suspension of criminal detention shall be not less than the term originally decided and not more than one year， but it may not be less than one month.

The probation period for suspension of fixed-term imprisonment shall be not less than the term originally decided and not more than five years， but it may not be less than one year.

The probation period for suspension of sentence shall be counted from the date the judgment is made final.

Article 69 Suspension of sentence shall not be applied to counterrevolutionary criminals or recidivists.

Article 69 Suspension of sentence shall not be applied to counterrevolutionary criminals or recidivists.

Article 70 A criminal whose sentence has been suspended shall be turned over by the public security organ to the unit to which he belongs or to a basic-level organization for observation during the probation period for suspension. If he commits no further crime， the punishment originally decided shall not be executed upon the expiration of the probation period for suspension； if he does commit further crime， the suspension shall be revoked and the punishment to be executed shall be decided on the basis of the punishments for the former and latter crimes and according to the provisions of Article 64 of this Law.

Section 6 Commutation of Punishment

Article 71 A criminal sentenced to public surveillance， criminal detention， fixed-term imprisonment or life imprisonment may have his punishment commuted if he shows true repentance or performs meritorious service while serving his sentence. However， after one or more commutations， the term of punishment actually to be served by those sentenced to public surveillance， criminal detention or fixed-term imprisonment may not be less than half of the term originally decided； for those sentenced to life imprisonment， it may not be less than ten years.

Article 72 A term of fixed-term imprisonment that is commuted from a life imprisonment shall be counted from the date the order of commutation is issued.

Section 7 Parole

Article 73 Criminals sentenced to fixed-term imprisonment who have served more than half of the term of their original sentence or criminals sentenced to life imprisonment who have served not less than ten years of their term may be granted parole if they show true repentance and will no longer cause harm to society. If special circumstances exist， the above restrictions relating to the term served may be disregarded.

Article 74 The probation period for parole in the case of a fixed-term imprisonment shall be equal to the portion of the term that has not been completed； the probation period for parole in the case of life imprisonment shall be ten years.

The probation period for parole shall be counted from the date the criminal is released on parole.

Article 75 A criminal who is granted parole shall be subject to supervision by a public security organ during the probation period for parole. If he commits no further crime during that period， the punishment to which he was originally sentenced shall be considered to have been completely executed； if he does commit further crime， the parole shall be revoked and the punishment to be executed shall be decided on the basis of the unexecuted punishment of the former crime and the punishment imposed for the latter crime and according to the provisions of Article 64 of this Law .

Section 8 Limitation

Article 76 Crimes shall not be prosecuted if the following periods have elapsed：

（1） five years， when the maximum prescribed punishment is fixed-term imprisonment of less than five years； （2）ten years， when the maximum prescribed punishment is fixed-term imprisonment of not less than five years but less than ten years；

（3） fifteen years， when the maximum prescribed punishment is fixed-term imprisonment of not less than ten years； and

（4） twenty years， when the maximum prescribed punishment is life imprisonment or death. If after twenty years it is considered that a crime must be prosecuted， the matter must be submitted to the Supreme People's Procuratorate for approval.

Article 77 No limitation on the period for prosecution shall be imposed with respect to criminals who escape from investigation or trial after compulsory measures have been adopted by a people's court， people's procuratorate or public security organ.

Article 78 The limitation period for prosecution shall be counted from the date of the crime； if the criminal act is of a continual or continuous nature， it shall be counted from the date the criminal act is terminated.

If further crime is committed during a limitation period for prosecution， the limitation period for prosecution of the former crime shall be counted from the date the latter crime is committed.

Chapter V Other Revisions

Article 79 Crimes that are not expressly defined in the Specific Provisions of this Law may be determined and punished in according to whichever article in the Specific Provisions of this Law that covers the most closely analogous crime， but the judgment shall be submitted to the Supreme People's Court for approval.

Article 80 Where the provisions of this Law cannot be completely applied in national autonomous areas， the organs of state power of those autonomous regions or the provinces concerned may formulate adoptive or supplementary provisions based on the political， economic and cultural characteristics of the local nationalities and the basic principles stipulated in this Law， and these provisions shall go into effect after they have been submitted to and approved by the Standing Committee of the National People's Congress.

Article 81 “Public property” as mentioned in this Law refers to the following：

（1） property owned by the whole people； and

（2） property owned collectively by working people.

Private property that is being managed， used or transported by the state， people's communes， cooperatives， joint ventures and people's organizations shall be treated as public property.

Article 82 “Citizens' privately owned lawful property” as mentioned in this Law refers to the following：

（1） citizens' lawfully earned income， savings， houses and other means of livelihood； and

（2） any means of production such as plots of land， livestock and trees that are under individual or family ownership or use according to law.

Article 83 “State functionaries” as mentioned in this Law refers to all personnel of state organs， enterprises and institutions and other personnel who are engaged in public service according to law.

Article 84 “Judicial functionaries” as mentioned in this Law refers to personnel who have the functions of investigation and interrogation， prosecution， adjudication and supervision and management of criminals.

Article 85 “Serious injuries” as mentioned in this Law refers to any of the following：

（1） injuries resulting in loss of a person's use of a limb or in disfigurement；

（2） injuries resulting in loss of a person's hearing， sight or the function of any other organ； and

（3） other injuries that cause grave harm to a person's physical health.

Article 86 “Ringleader” as mentioned in this Law refers to any criminal who has the role of organizing， planning or directing a criminal group or a crowd assembled to commit a crime.

Article 87 “To be handled only upon complaint” as mentioned in this Law means that a case shall only be handled if the victim brings a complaint. If the victim is unable to bring a complaint because of coercion or intimidation， a people's procuratorate or a close relative of the victim may bring his complaint.

Article 88 “Not less than”， “not more than” and “within” as mentioned in this Law all include the given figure.

Article 89 The General Provisions of this Law are applicable to other laws and decrees with provisions for criminal punishments， unless otherwise provided in other laws.

Part Two Specific Provisions

Chapter I Crimes of Counterrevolution

Article 90 A “crime of counterrevolution” refers to any act that is committed with the aim of over throwing the political power of the dictatorship of the proletariat and the socialist system and endangers the People's Republic of China.

Article 91 Whoever colludes with a foreign state in plotting to jeopardize the sovereignty， territorial integrity and security of China shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years.

Article 93 Whoever instigates， lures or bribes a state functionary or a member of the armed forces， the people's police or the people's militia to defect to the enemy and turn traitor or to rise in rebellion shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years.

Article 94 Whoever defects to the enemy and turns traitor shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years； if the circumstances are serious or the case concerns the leading of a group defection and betrayal， the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.

Whoever leads members of the armed forces， the people's police or the people's militia to defect to the enemy and turn traitor shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years.

Article 95 Ringleaders of an armed mass rebellion or others whose criminal involvements are very serious shall be sentenced to life imprisonment or fixed-term imprisonment of not more than ten years； other active participants shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

Article 96 Ringleaders who gather a group to raid a prison or organize a jailbreak or others whose criminal involvements are very serious shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years； other active participants shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

Article 97 Whoever commits any of the following acts of espionage or aiding the enemy shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment or， if the circumstances are relatively minor， to fixed-term imprisonment of not less than three years and not more than ten years：

（1） stealing， secretly gathering or supplying intelligence for the enemy；

（2） supplying arms and ammunition or other military materials to the enemy； or

（3） joining a secret service or espionage organization or accepting a mission assigned by the enemy.

Article 98 Whoever organizes or leads a counterrevolutionary group shall be sentenced to fixed-term imprisonment of not less than five years； others who actively participate in a counterrevolutionary group shall be sentenced to fixed-term imprisonment of not more than five years， criminal detention， public surveillance or deprivation of political rights.

Article 99 Whoever organizes or uses feudal superstition， superstitious sects or secret societies to carry on counterrevolutionary activities shall be sentenced to fixed-term imprisonment of not less than five years； if the circumstances are relatively minor， the offender shall be sentenced to fixed-term imprisonment of not more than five years， criminal detention， public surveillance or deprivation of political rights.

Article 100 Whoever， for the purpose of counterrevolution， carries on any of the following acts of sabotage shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years or， if the circumstances are relatively minor， to fixed-term imprisonment of not less than three years and not more than ten years：

（1） causing explosions， setting fires， breaching dikes and using technical or other means to sabotage military equipment， production facilities， communications or transportation equipment， construction projects， danger prevention equipment or other public structures or public property；

（2） stealing state records or military materials or plundering industrial or mining enterprises， banks， shops， warehouses or other public property；

（3） hijacking ships， naval vessels， aircraft， trains， trams or motor vehicles；

（4） directing the enemy to any bombing or shelling target； and

（5） manufacturing， forcibly seizing or stealing guns or ammunition