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(Adopted at the 31st Meeting of the Standing Committee of the Ninth National People's Congress on December 28, 2002
and promulgated by Order No. 83 of the President of the People's Republic of China on December 28, 2002)
In order to punish the crimes of disrupting the order of the socialist market economy, obstructing the administration of public order,
and of dereliction of duty committed by functionaries of State organs, and to guarantee smooth progress of the socialist modernization
drive, the following revisions and supplements are made to the Criminal Law:
1. Article 145 is revised to read: "Whoever produces medical apparatus and instruments or medical hygiene materials that are not
up to the national or trade standards for safeguarding human health or sells such things while clearly knowing the fact, which is
harmful enough to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or
criminal detention and shall, in addition, be fined not less than half, but not more than two times, the amount of earnings from
sales; if serious harm is caused to human health, he shall be sentenced to fixed-term imprisonment of not less than three years but
not more than ten years and shall, in addition, be fined not less than half, but not more than two times, the amount of earnings
from sales; if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years
or life imprisonment, and shall, in addition, be fined not less than half, but not more than two times, the amount of earnings from
sales or be sentenced to confiscation of property. "
2. One paragraph is added to Article 152 as the second paragraph, which reads: "Whoever, evading Customs supervision and control,
transports solid waste, liquid waste or gaseous waste from outside China into the territory of China, if the circumstances are serious,
shall be sentenced to fixed-term imprisonment of not more than five years and shall in addition, 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 and shall in addition
be fined. "
The original second paragraph of Article 152 is revised as the third paragraph, which reads: "Where a unit commits any of the crimes
as mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge of the unit and the other
persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding two paragraphs.
"
3. Article 155 is revised to read: "Whoever commits any of the following acts shall be deemed to have committed the crime of smuggling
and shall be punished in accordance with the relevant provisions of this Section: ( 1 ) directly and illegally purchasing from smugglers
articles, the import of which is forbidden by the State, or directly and illegally purchasing from smugglers other smuggled goods
or articles and in and of relatively large quantities and values; ( 2 ) transporting, purchasing or selling in inland seas, territorial
waters, boundary rivers or boundary lakes articles the import and export of which are forbidden by the State, or transporting, purchasing
or selling, without legal certificates and in and of relatively large quantities and values, goods or articles the import and export
of which are restricted by the State. "
4. One article is added after Article 244 as Article 244(a), which reads: "Where a unit, in violation of the laws and regulations
on labor administration, employs a minor under the age of 16 to do physical labor of ultra-intensity, or to work high above the ground
or in a pit, or to work under explosive, inflammable, radioactive, poisonous and other dangerous conditions, if the circumstances
are serious, the person who is directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or
criminal detention and shall, in addition, 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, in addition, be fined.
"Whoever commits the act mentioned in the preceding paragraph, which results in an accident and at the same time constitutes another
crime, shall be punished in accordance with the provisions on combined punishment for several crimes. "
5. The third paragraph of Article 339 is revised to read: "Whoever, under the pretext of using it as raw material, imports solid
waste , liquid waste or gaseous waste that cannot be used as such shall be convicted and punished in accordance with the provisions
of the second and the third paragraph of Article 152 of this Law. "
6. Article 344 is revised to read: "Whoever, in violation of the regulations of the State, illegally fells or destroys precious trees
or other plants under special State protection, or illegally purchases, transports, processes or sells such trees or plants as well
as the products thereof, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public
surveillance and shall, in addition, 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, in addition, be fined. "
7. Article 345 is revised to read: "Whoever stealthily fells trees, bamboo, etc. in forest or woods, if the amount involved is relatively
large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and
shall in addition, or shall only, be fined; if the amount involved is huge, he shall be sentenced to fixed-term imprisonment of not
less than three years but not more than seven years and shall, in addition, be fined; if the amount involved is especially huge,
he shall be sentenced to fixed-term imprisonment of not less than seven years and shall, in addition, be fined.
"Whoever, in violation of the provisions of the Forestry Law, arbitrarily fells trees, bamboo, etc. in forest or woods, if the amount
involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public
surveillance and shall, in addition, or shall only, be fined; if the amount involved is huge, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than seven years and shall, in addition, be fined.
"Whoever illegally purchases or transports trees, bamboo, etc. which he clearly knows are felled stealthily or arbitrarily, 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, in addition, 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, in addition, be fined.
"Whoever stealthily or arbitrarily fells trees, bamboo, etc. in forest or woods of nature reserves at the national level shall be
given a heavier punishment. "
8. Article 399 is revised to read: "Any judicial officer who, bending the law for selfish ends or twisting the law for a favor, subjects
to investigation for criminal responsibility a person he knows to be innocent or intentionally protects from investigation for criminal
responsibility a person he knows to be guilty or, intentionally running counter to the facts and law, twists the law when rendering
judgments or orders in criminal proceedings shall be sentenced to fixed-term imprisonment of not more than five years or criminal
detention; 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; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than
ten years.
"Any judicial officer who, in civil or administrative proceedings, intentionally runs counter to the facts and law and twists the
law when rendering judgments or orders, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention; 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.
"Any judicial officer who, being seriously irresponsible or abusing his power in execution of judgments or orders, does not take
preservation measures in litigation in accordance with law, or does not perform his statutory duty of execution, or unlawfully takes
preservation measures in litigation or takes compulsory enforcement measures, thus causing heavy losses to the interests of the parties
or other persons, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if especially
heavy losses are caused to the interests of the parties or other persons, he shall be sentenced to fixed-term imprisonment of not
less than five years but not more than ten years.
"Any judicial officer who accepts bribes and commits one of the acts mentioned in the preceding three paragraphs, which at the same
time constitutes a crime as provided for in Article 385 of this Law, shall be convicted and punished in accordance with the provisions
for a heavier punishment. "
9. This Amendment shall go into effect as of the date of promulgation.
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