Laws of the People's Republic of China

The Standing Committee of the National People's Congress

Order of the President of the People's Republic of China

No. 64

The Amendment of the Criminal Law of the People's Republic of China (III), which was adopted at the 25th Meeting of the Standing Committee of the Ninth National People's Congress on December 29, 2001, is hereby promulgated, and shall come into force on the date of its promulgation.

Jiang Zemin, President of the People's Republic of China

December 29, 2001

Amendment of the Criminal Law of the People's Republic of China (III)

The Criminal Law is supplemented and amended as follows in order to crack down terrorist crimes, guarantee the security of the State and the people's lives and properties, as well as maintain the public order:

I.

Article 114 of the Criminal Law is amended as: "Whoever commits arson, breaches dikes, causes explosions, spreads pathogen of infectious diseases, poisonous or radioactive substances or other substances, or uses other dangerous means to endanger public security, but causes no serious consequences, shall be sentenced to fixed-term imprisonment of no less than three years but no more than ten years."

II.

Paragraph 1 of Article 115 of the Criminal Law is amended as: "Whoever commits arson, breaches dikes, causes explosions, spreads pathogens of infectious diseases, poisonous or radioactive substances or other substances, or uses other dangerous means to have inflicted any serious injury or death on people or caused heavy losses of public or private property, shall be sentenced to fixed-term imprisonment of no less than ten years, life imprisonment or death."

III.

Paragraph 1 of Article 120 of the Criminal Law is amended as: "Whoever forms, leads or actively participates in a terrorist organization shall be sentenced to fixed-term imprisonment of no less than ten years or life imprisonment; the active participants shall be sentenced to fixed-term imprisonment of no less than three years but no more than ten years; other participants shall be sentenced to fixed-term imprisonment of no more than three years, criminal detention, public surveillance, or be deprived of political rights."

IV.

One article is added after Article 120 of the Criminal Law as Article 120 (I): "Any individual who provides funds to a terrorist organization or commits terrorist activities shall be sentenced to fixed-term imprisonment of no more than five years, criminal detention, public surveillance, or be deprived of political rights and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of no less than five years, and shall also be fined or be sentenced to confiscation of property. "Where an entity commits the crime as mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions in the preceding paragraph."

V.

Paragraph 2 of Article 125 of the Criminal Law is amended as: "Whoever illegally manufactures, trades, transports or stores pathogens of infectious diseases, poisonous or radioactive substances or other substances, thereby endangering public security, shall be punished in accordance with the provisions in the preceding paragraph."

VI.

Article 127 of the Criminal Law is amended as: "Whoever steals or forcibly seizes any gun, ammunition or explosive, or steals or forcibly seizes pathogens of infectious diseases, poisonous or radioactive substances or other substances, thereby endangering public security, shall be sentenced to fixed-term imprisonment of no less than three years but no more than ten years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of no less than ten years, life imprisonment or death. "Whoever robs any gun, ammunition or explosive, or robs pathogens of infectious diseases, poisonous or radioactive substances or other substances, thereby endangering public security, or steals or forcibly seizes any gun, ammunition or explosive from State organs, members of the armed forces, the police or the people's militia, shall be sentenced to fixed-term imprisonment of no less than ten years, life imprisonment or death."

VII.

Article 191 of the Criminal Law is amended as: "Whoever, while clearly knowing that the funds are proceeds illegally obtained from drug-related crimes or from crimes committed by mafias or smugglers or from terrorist crimes and gains derived therefrom, commits any of the following acts in order to cover up or conceal the source or nature of the funds shall, in addition to being confiscated of the said proceeds and gains, be sentenced to fixed-term imprisonment of no more than five years or criminal detention, and shall also, or shall only, be fined no less than 5% but no more than 20% of the amount of money laundered; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of no less than five years but no more than ten years, and shall also be fined no less than 5% but no more than 20% of the amount of money laundered: (I) providing fund accounts; (II) helping exchange property into cash or any financial negotiable instruments; (III) helping transfer capital through transferring accounts or any other form of settlement; (IV) helping remit funds to the outside of the territory of China; (V) covering up or concealing by any other means the source or nature of the illegally obtained proceeds and the gains derived therefrom. "Where an entity commits the crime as mentioned in the preceding paragraph, it shall be fined, and any of the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of no more than five years or criminal detention; if the circumstances are serious, any of them shall be sentenced to fixed-term imprisonment of no less than five years but no more than ten years."

VIII.

One article is added after Article 291 of the Criminal Law as Article 291 (I): "Whoever spreads mendacious pathogens of infectious diseases, explosives, poisonous or radioactive substances or other substances, or fabricates terrorist information on threats of explosion, biochemical threats or radioactive threats, or, while clearly knowing that the terrorist information is fabricated, intentionally disseminate such information, thus seriously disrupting public order, shall be sentenced to fixed-term imprisonment of no more than five years, criminal detention or public surveillance; if he causes serious consequences, he shall be sentenced to fixed-term imprisonment of no less than five years."

IX.

This Amendment shall come into force on the date of its promulgation.