Laws of the People's Republic of China

Standing Committee of National People's Congress

Order of President of the People's Republic of China

No. 32

Amendment V of Criminal Law of the People's Republic of China, which was adopted at the 14th meeting of the Standing Committee of the 10th National People's Congress of the People's Republic of China on February 28, 2005, is promulgated hereby and comes into force as of the date of its promulgation.

President of the People's Republic of China, Hu Jintao

February 28, 2005

Amendment V of Criminal Law of the People's Republic of China

1.

An article is added after Article 177 of Criminal Law as one paragraph of Article 177 : Whoever hampers the management of credit cards should be sentenced to less than three year's imprisonment or detention, and imposed a fine together or separately from more than 10 thousand yuan to less than 100 thousand yuan. If the amount is huge or there are other serious circumstances, more than three year's or less than ten year's imprisonment should be sentenced, and a fine from more than 20 thousand yuan to 200 thousand yuan should be imposed in one of following circumstances:

"(1) know very well that the credit cards are forged ones, but still hold and transport them, or know very well that the credit cards are forged blank ones, but still hold and transport them, and the amount is huge;

"(2) Hold others' credit card illegally and the amount is huge;

"(3) Obtain credit cards by cheating with forged identification card;

"(4) Sell, buy or provide others with forged credit cards, or obtain credit cards by cheating with forged identification cards.

"Stealing, purchasing and providing the information of others' credit cards illegally shall be punished in accordance with the provision of above section.

"If the staffs of the banks or other financial organs make use of the convenience of their duties to commit a crime in term of Paragraph (2), they shall be punished sternly."

2.

Article 196 of the Criminal Law is changed as: whoever swindles with credit cards and the amount is big shall be sentenced to less than five year's imprisonment or detention, and imposed a fine from more than 20 thousand yuan to less than 200 thousand yuan, If the amount is huge or there are some other serious circumstances, more than five year's or less than ten year's imprisonment shall be sentenced, and a fine from more than 50 thousand yuan to 500 thousand yuan shall be imposed. If the amount is extremely huge and there are other extremely serious circumstances, more than ten year's imprisonment or life imprisonment should be sentenced, and a fine of more than 50 thousand yuan and less than 500 thousand yuan shall be imposed or the property shall be confiscated in one of following circumstances.

"(1) Use forged credit cards, or obtain credit cards by cheating with false identification cards;

"(2) Use invalid credit cards;

"(3) Use other's credit card under one's name;

"(4) Overdraft with evil intention.

"Overdraft with evil intention as referred to in preceding paragraph means credit card holders' activities of overdraft beyond the fixed limit or term, and refusing to return after the bank's pressing for payment for the purposes of illegal possession.

"Stealing credit card and using it shall be punished in accordance with Article 264 of this Law."

3.

One paragraph is added in Article 369 of Criminal Law as Paragraph 2, the Article is changed as following: "Whoever destroys weaponry, military facilities and military communications shall be sentenced to less than three year's imprisonment, detention or control. Whoever destroys important weaponry, military facilities and military communications shall be sentenced to more than three year's or less than ten year's imprisonment, if the circumstance is extremely serious, more than ten year's imprisonment, life imprisonment or death penalty shall be sentenced.

"Whoever commits an unpremeditated crime as preceding paragraph and causes serious consequence shall be sentenced to less than three year's imprisonment or detention, if an extremely serious consequence is caused, more than three year's or less than seven year's imprisonment shall be sentenced.

"Whoever commits a crime as the same as preceding two paragraphs in time of war shall be punished sternly."

4.

This amendment shall be implemented as of the date of its promulgation.