(Adopted at the 13th Meeting of the Standing Committee of the Ninth National People’s Congress on December 25, 1999 and promulgated by Order No. 27 of the President of the People’s Republic of China on December 25,1999)
In order to punish crimes disrupting the order of the socialist market economy and ensure smooth progress of the socialist modernization drive, the following additional amendments are made to the Criminal Law:

1. In the end of Article 162, two paragraphs are added as part of Article 162: “Whoever conceals or intentionally destroys accounting vouchers, account books or financial and accounting statements, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan.

"Where a unit commits the crime 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 according to the provisions in the preceding paragraph."

2. Article 168 is revised as follows: “Where an employee of a State-owned company or enterprise, because of being seriously irresponsible or abuse of power, causes bankruptcy or heavy losses to the said company or enterprise, thus occasioning major losses to the interests of the State, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if especially major losses are occasioned to the interests of the State, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

"Any employee of a State-owned institution commits any of the crimes mentioned in the preceding paragraph and causes major losses of the interests of the State, he shall be punished in accordance with the provisions in the preceding paragraph.

"Any employee of a State-owned company, enterprise or institution who engages in malpractices for selfish ends and commits any of the crimes mentioned in the preceding two paragraphs shall be a given heavier punishment in accordance with the provisions in the first paragraph."

3. Article 174 is revised as follows: “Whoever, without the approval of the competent State department, establishes a commercial bank, stock exchange, futures exchange, securities company, futures agency, insurance company or any other financial institution shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.

"Whoever forges, alters or transfers the business license or document of approval of a commercial bank, stock exchange, futures exchange, securities company, futures agency, insurance company or any other financial institution shall be punished in accordance with the provisions of the preceding paragraph.

"Where a unit commits any of the crimes mentioned in the preceding two paragraphs, 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 of the first paragraph."

4. Article 180 is revised as follows: “Any person with knowledge of inside information on securities or futures trading or any person who illegally obtains such information, prior to the publication of the information that concerns security issue, securities or futures trading or that has a vital bearing on the trading prices of securities or futures, buys or sells the said securities, engages in the futures trading which the said inside information concerns, or divulges the said information shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than the amount of but not more than five times the illegal gains; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than the amount of but not more than five times the illegal gains.

"Where a unit commits the crime 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 sentenced to fixed-term imprisonment of not more than five years or criminal detention.

"The definitions for inside information and persons with knowledge of inside information shall be determined in accordance with the provisions of laws or administrative rules and regulations."

5. Article 181 is revised as follows: “Whoever fabricates and spreads false information that adversely affects securities or futures trading, thus disrupting the securities or futures trading market, shall, if the consequences are serious, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than 10,000 yuan but not more than 100,000 yuan.

Any employee of a stock exchange, futures exchange, securities company or futures agency or any staff member of the Securities Industry Association, the Futures Industry Association or the securities and futures regulatory authority who intentionally provides false information or forges, alters or destroys trading records in order to inveigle investors into buying or selling securities or futures contracts, and thus serious consequences result, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than 10,000 yuan but not more than 100,000 yuan; if the circumstances are especially vile, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.

"Where a unit commits any of the crimes mentioned in the preceding two paragraphs, 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 sentenced to fixed-term imprisonment of not more than five years or criminal detention."

6. Article 182 is revised as follows: “Whoever commits any of the following crimes by manipulating securities or futures trading prices in order to obtain illegitimate benefits or shift risks to others shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than the amount of but not more than five times the illegal gains:

(1) whether independently or in collusion with others, carrying out combined or successive purchases or sales by building up an advantage in terms of funds, shareholding or futures-holding or using one’s advantage in terms of information, thereby manipulating the trading prices of securities or futures;

(2) collaborating with another person to mutually trade securities or futures or to mutually buy or sell securities not held by them, at a prearranged time and price and by prearranged means, thereby affecting the price or the volume of the securities or futures traded;

(3) buying or selling securities from or to oneself without transfer of ownership of the securities by means of making oneself the other party to the transaction, or buying or selling futures contracts from or to oneself by the same means, thereby affecting the price or the volume of the securities or future traded,; or

(4) manipulating the trading prices of securities or futures by other means.

"Where a unit commits any of the crimes 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 sentenced to fixed-term imprisonment of not more than five years or criminal detention."

7. Article 185 is revised as follows: “Any staff member of a commercial bank, stock exchange, futures exchange, securities company, futures agency, insurance company or any other financial institution who, taking advantage of his position, misappropriates funds of the unit he belongs to or of a client, shall be convicted and punished in accordance with the provisions in Article 272 of this Law.

"If any staff member of a State-owned commercial bank, stock exchange, futures exchange, securities company, futures agency, insurance company or any other State-owned financial institution or any person who is assigned by a State-owned commercial bank, stock exchange, futures exchange, securities company, futures agency, insurance company or any other financial institution to a non-State-owned financial institution mentioned in the preceding paragraph to engage in public service commits the crime mentioned in the preceding paragraph, he shall be convicted and punished in accordance with the provisions in Article 384 of this Law."

8. One sub-paragraph is added to Article 225 as sub-paragraph (3): "without approval of the competent State department, illegally engaging in securities, futures or insurance business;" and the original third sub-paragraph is changed to be the fourth.

9. This Amendment shall enter into force as of the date of promulgation.

Amendment II to the Criminal Law of the People's Republic of China

(Adopted at the 23 rd Meeting of the Standing Committee of the Ninth National People's Congress on August 31, 2001 and promulgated by Order No. 56 of the President of the People’s Republic of China on August 31, 2001)

In order to punish the crimes of cutting down trees for opening up farmland and of unlawfully occupying or indiscriminately using forestland and to effectively protect the forest resources, Article 342 of the Criminal Law is revised as follows:

" Whoever, in violation of the law or regulations on land administration, unlawfully occupies cultivated land, forestland or other farmland, and uses it for other purposes, if the area involved is relatively large and a large area of such land is damaged, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined. "

This Amendment shall go into effect as of the date of promulgation.

Amendment III to the Criminal Law of the People's Republic of China

  354
(Adopted at the 25th Meeting of the Standing Committee of the Ninth National People's Congress on December 29, 2001 and promulgated by Order No. 64 of the President of the People’s Republic of China on December 29, 2001)
In order to punish the crimes of terrorism, to safeguard the security of the State and of people's lives and property, and maintain public order, additional amendments are made to the Criminal Law as follows:

1. Article 114 is revised to read: "Whoever commits arson, breaches a dike, causes explosion, spreads poisonous or radioactive substances, infectious-disease pathogens or other substances, or uses other dangerous means, thereby endangering public security but causing no serious consequences, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years."

2. The first paragraph of Article 115 is revised to read: "Whoever commits arson, breaches a dike, causes explosion, spreads poisonous or radioactive substances, or infectious-disease pathogens or other substances, or uses other dangerous means, thereby inflicting serious injury or death on people or causing heavy losses of public or private property, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death."

3. The first paragraph of Article 120 is revised to read: "Whoever forms or leads a terrorist organization shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; persons who actively participate in a terrorist organization shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years; other participants shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention, public surveillance or deprivation of political rights."

4. One article is added after Article 120 to be Article 120a: "Whoever provides funds to any terrorist organization or individual who engages in terrorism shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and he shall also be fined or his property shall be confiscated.

"Where a unit commits the crime 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 offence shall be punished in accordance with the provisions of the preceding paragraph."

5. The second paragraph of Article 125 is revised to read: "Whoever illegally manufactures, trades in, transports or stores poisonous or radioactive substances, infectious disease pathogens or other substances, thereby endangering public security, shall be punished in accordance with the provisions of the preceding paragraph."

6. Article 127 is revised to read: "Whoever steals or forcibly seizes any guns, ammunition or explosives, or steals or forcibly seizes poisonous or radioactive substances, infectious disease pathogens or other substances, thereby endangering public security, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

"Whoever robs any guns, ammunition or explosives, or robs poisonous or radioactive substances, infectious disease pathogens or other substances, thereby endangering public security, or steals or forcibly seizes any guns, ammunition or explosives from State organs or members of the armed forces, the police or the people's militia, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death."

7. Article 191 is revised to read: "Whoever, while clearly knowing that the funds are proceeds illegally obtained from drug-related crimes or from crimes committed by organizations in the nature of criminal syndicate, crimes of terrorism or crimes of smuggling 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 not more than 5 years or criminal detention and shall also, or shall only, be fined not less than 5 percent but not more than 20 percent of the amount of money laundried; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years and shall also be fined not less than 5 percent but not more than 20 percent of the amount of money laundried: ( 1 ) providing fund accounts; ( 2 ) helping convert the property into cash or any financial negotiable instruments; ( 3 ) helping transfer the funds through transferring accounts or any other form of settlement; ( 4 ) helping remit the funds to any other country; or ( 5 ) covering up or concealing by any other means the source or nature of the illegally obtained proceeds and the gains derived therefrom.

"Where a unit commits any of the crimes 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 offence shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years."

8. One article is added after Article 291 to be Article 291a: "Whoever spreads hoaxes of explosive, poisonous or radioactive substances, of infectious-disease pathogens or of other substances, fabricates terrorist information invoking explosive, biochemical, radioactive or other threats, or intentionally disseminates terrorist information while clearly knowing that it is fabricated, thereby seriously disturbing public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; if the consequences are serious, he shall be sentenced to fixed-term imprisonment of not less than five years."

9.This Amendment shall go into effect as of the date of promulgation.

Amendment IV to the Criminal Law of the People's Republic of China

  319
(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. "

10.This Amendment shall go into effect as of the date of promulgation.

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

  334
(Adopted at the 14th Meeting of the Standing Committee of the Tenth National People’s Congress on February 28, 2005)
1. One article is added after Article 177 as Article 177(a), which reads: “Whoever commits one of the following acts which hamper the administration of credit cards shall be sentenced to fix-term imprisonment of not more than three years or criminal detention and shall in addition, or shall only, be fined not less than RMB 10,000 yuan but not more than 100,000 yuan; if the amount involved is huge or if there are other serious circumstances, he shall be sentenced to fix-term imprisonment of not less than three years but not more than 10 years and shall, in addition, be fined not less than 20,000 yuan but not more than 200, 000 yuan:

"(1) knowingly holding or transporting forged credit cards, or knowingly holding or transporting forged blank credit cards in relatively large quantities;"

"(2) illegally holding other persons’ credit cards in relatively large quantities;"

"(3) obtaining credit cards by using false identity certification;" and

"(4) selling, buying, or providing other persons with, forged credit cards or credit cards obtained by using false identity certification."

"Whoever steals, buys or illegally provides information and materials about other persons’ credit cards shall be punished in accordance with the provisions of the preceding paragraph."

"Any staff member of a bank or any other financial institution who, taking advantage of his position, commits the act mentioned in Subparagraph ( 2) shall be given a heavier punishment."

2. Article 196 is revised to read: "Whoever commits fraud by means of a credit card in any of the following ways shall, if the amount involved is relatively large, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall, in addition, be fined not less than 20,000 yuan but not more than 200,000 yuan;" if the amount involved is huge, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall, in addition, be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount involved is especially huge, or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall, in addition, be fined not less than 50,000 yuan but not more than 500,000 yuan or his property shall be confiscated:

"(1) using a forged credit card, or using a credit card obtained by using false identity certification;"

"(2) using an invalidated credit card;"

"(3) illegally using another person’s credit card;" and

"(4) overdrawing with ill intentions."

"Overdrawing with ill intentions as mentioned in the preceding paragraph means that a credit card holder who, for the purpose of illegal possession, overdraws beyond the norm set or beyond the time limit and refuses to repay the overdrawn amount after the bank that issues the card urges him to do so."

"Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions in Article 264 of this Law."

3. One paragraph is added to Article 369 as the second paragraph and this Article is revised to read: “Whoever sabotages weapons or equipment, military installations or military telecommunications shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; whoever sabotages major weapons or equipment, military installations or military telecommunications shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

"Whoever unintentionally commits the crime mentioned in the preceding paragraph, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years."

"Whoever in wartime commits any of the crimes mentioned in the preceding two paragraphs shall be given a heavier punishment."

4.This Amendment shall go into effect as of the date of promulgation.

Amendment VI to the Criminal Law of the People's Republic of China

  361
Order of the President of the People’s Republic of China No. 51
The Amendment VI to the Criminal Law of the People’s Republic of China, adopted at the 22nd Meeting of the Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on June 29, 2006, is hereby promulgated and shall go into effect as of the date of its promulgation.

Hu Jintao
President of the People’s Republic of China

June 29, 2006

Amendment VI to the Criminal Law of the People’s Republic of China
(Adopted at the 22nd Meeting of the Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on June 29, 2006)
1. Article 134 of the Criminal Law is revised to read:"Whoever violates the safety provisions in the course of production and operations, thereby causing an accident involving heavy casualties or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the circumstances are especially flagrant, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

"Whoever forces another person to work under hazardous conditions in violation of rules, thereby causing an accident involving heavy casualties or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if the circumstances are especially flagrant, he shall be sentenced to fixed-term imprisonment of not less than five years."

2. Article 135 of the Criminal Law is revised to read:"Where the facilities for safety production or the conditions for safety production are not in conformity with State requirements, thereby causing an accident involving heavy casualties or causing other serious consequences, the person directly in charge and the other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the circumstances are especially flagrant, the said persons shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years."

3. One article is added after Article 135 of the Criminal Law to be Article 135 a, which reads:"Where a large-scale mass activity is held in violation of the safety provisions, thereby causing an accident involving heavy casualties or causing other serious consequences, the person directly in charge and the other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the circumstances are especially flagrant, the said persons shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

4. One article is added after Article 139 of the Criminal Law to be Article 139 a, which reads:"Where after the occurrence of an accident endangering safety, the person whose duty it is to report such occurrence fails to do so or makes a false report about the accident, thus causing the delay of rescue efforts, if the circumstances are serious, the said person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and 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."

5. Article 161 of the Criminal Law is revised to read:"Where a company or an enterprise obligated to disclose information according to law provides its shareholders and the general public with false financial statements or such statements concealing important facts, or fails to disclose other important information in accordance with relevant provisions, which is required to be disclosed according to law, thus causing serious harm to the interests of its shareholders or other persons, or engendering other serious circumstances, the person directly in charge and the other person directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall, in addition, or shall only, be imposed on the said persons."

6. One article is added after Article 162 of the Criminal Law to be Article 162 b, which reads:"Where a company or an enterprise transfers or disposes of its property by means of concealing its property or assuming non-existent debts or by other means in order to make believe that it has gone bankrupt, thus causing serious harm to the interests of its creditors or other persons, the person directly in charge and the other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall, in addition, or shall only, be imposed on the said persons."

7. Article 163 of the Criminal Law is revised to reads:"Where an employee of a company, an enterprise or other unit who, taking advantage of his position, demands money or property from another person, or illegally accepts another person’s money or property in return for the benefits sought for that person, and if the amount involved is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if the amount involved is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may, in addition, be sentenced to confiscation of his property.

"Where an employee of a company, an enterprise or other unit who, taking advantage of his position in economic activities, accepts rebates or service charges of various descriptions and takes them into his own possession in violation of State regulations, he shall be punished in accordance with the provisions of the preceding paragraph.

"Where a person who is engaged in public service in a State-owned company, enterprise or other State-owned unit or who is assigned by the said company, enterprise or unit to a company, enterprise or other unit that is not owned by the State to engage in public service commits any of the acts mentioned in the preceding two paragraphs, he shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law respectively."

8. The first paragraph of Article 164 of the Criminal Law is revised to reads:"Where a person gives money or property to an employee of a company, enterprise or other unit for the purpose of seeking illegitimate benefits, if the amount involved is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the amount involved is huge, 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.

9. One article is added after Article 169 of the Criminal Law to be Article 169a, which reads:"Where a director, supervisor or senior manager of a listed company, failing in his duty of loyalty towards the company and taking advantage of his position, manipulates the company to commit one of the following acts, thus causing heavy losses to the interests of the listed company, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine shall, in addition, or shall only, be imposed on him; and if especially heavy losses are caused to the interests of the company, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and a fine shall, in addition, be imposed on him:

"(1) providing another unit or individual with funds, commodities, services or other assets gratis;

"(2) providing or accepting funds, commodities, services or other assets on manifestly unfair terms;

"(3) providing funds, commodities, services or other assets to a unit or individual that is noticeably unable to make repayment;

"(4) providing guarantee to a unit or individual that is noticeably unable to make repayment, or providing guarantee to a unit or individual without justifiable reasons;

"(5) relinquishing creditor’s rights or assuming debts without justifiable reasons; or

"(6) harming the interests of the listed company by other means.

"Where a controlling shareholder or a person in practical control of a listed company instructs a director, supervisor or senior manager of the company to commit the acts mentioned in the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.

"Where a controlling shareholder or a person in practical control of a listed company that commits the offenses mentioned in the preceding paragraph is a unit, a fine shall be imposed on it, and, in addition, the person directly in charge of the unit and the other persons directly responsible shall be punished in accordance with the provisions of the first paragraph."

10. One article is added after Article 175 of the Criminal Law to be Article 175a, which reads:"Whoever, by means of deception, obtains loans, acceptance of bills, letters of credit, letters of guarantee, etc. from a bank or other banking institution, thus causing heavy losses to the bank or other banking institution or engendering other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine shall, in addition, or shall only, be imposed on him; and if especially heavy losses are caused to the bank or other banking institution or other especially serious circumstances are engendered, 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.

"Where a unit commits the offense mentioned in the preceding paragraph, a fine shall be imposed on it, and the person directly in charge and the other person directly responsible shall be punished in accordance with the provisions of the preceding paragraph."

11. Article 182 of the Criminal Law is revised to read:"Whoever commits one of the following acts by manipulating the stock or futures markets, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall, in addition, or shall only, be fined; and 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 and shall, in addition, be fined:

"(1) manipulating the stock or futures trading prices or volumes by working alone or plotting with another person in concluding transactions jointly or continuously through mustering the superiority in the holding of funds or shares or in positions or taking advantage of the superiority in terms of information;

“(2) affecting stock or futures trading prices or volumes by colluding with another person in carrying out stock or futures transactions between themselves at a time, price and in a manner previously agreed;

"(3) affecting stock or futures trading prices or volumes by making stock transactions between the accounts actually controlled by himself, or by trading in futures contracts with himself as the counterpart of transaction; or

"(4) manipulating the stock or futures markets by any other means.

"Where a unit commits one of the offenses mentioned in the preceding paragraph, it shall be fined, and the person directly in charge and the other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph."

12. One article is added after Article 185 of the Criminal Law to be Article 185a, which reads:"Where a commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other banking institution, going against its fiduciary obligations, uses the funds of its clients or other entrusted or fiduciary property without approval, if the circumstances are serious, it shall be fined, and the person directly in charge and the other persons directly responsible 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 30,000 yuan but not more than 300,000 yuan; and if the circumstances are especially serious, they 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 50,000 yuan but not more than 500,000 yuan each.

"Where any of the management institutions of public funds, such as the management institution of social security fund and the management institution of public accumulation fund for housing construction, as well as insurance companies, insurance assets management companies and the management companies of securities investment fund, uses such funds in violation of State regulations, the person directly in charge and the other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph."

13. The first and second paragraphs of Article 186 of the Criminal Law are revised to read:"Where an employee of a bank or other banking institution grants loans in violation of State regulations, if the amount involved is huge or heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall, in addition, be fined not less than 10,000 yuan but not more than 100,000 yuan; and if the amount involved is especially huge or especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years and shall, in addition, be fined not less than 20,000 yuan but not more than 200,000 yuan.

"Where an employee of a bank or other banking institution grants loans to his connections in violation of State regulations, he shall be given a heavier punishment in accordance with the provisions of the preceding paragraph."

14. The first paragraph of Article 187 of the Criminal Law is revised to read:"Where an employee of a bank or other banking institution absorbs funds of his clients without entering them into an account book, if the amount involved is huge or heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall, in addition, be fined not less than 20,000 yuan but not more than 200,000 yuan; and if the amount involved is especially huge or especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years and shall, in addition, be fined not less than 50,000 yuan but not more than 500,000 yuan."

15. The first paragraph of Article 188 of the Criminal Law is revised to read:"Where an employee of a bank or other banking institution, in violation of regulations, issues letters of credit or other letters of guaranty, negotiable instruments, deposit certificates or certificates of financial standing, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years."

16. The first paragraph of Article 191 of the Criminal Law is revised to read:"Whoever, while clearly knowing that the proceeds are obtained from drug-related crimes, from crimes committed by organizations of the nature of criminal gangs, by terrorists or smugglers, from crimes of graft bribery, of disruption of banking management order or of monetary defraudation, or are gains derived therefrom, commits one of the following acts in order to cover up or conceal the sources or nature of the proceeds or gains, the proceeds obtained from commission of the crimes and the gains derived therefrom shall be confiscated, and he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall, in addition, or shall only, be fined not less than 5 percent but not more than 20 percent of the amount of money laundered; and 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 and shall, in addition, be fined not less than 5 percent but not more than 20 percent of the amount of money laundered:

"(1) providing fund accounts;

"(2) helping convert property into cash, financial bills or negotiable securities;

"(3) helping transfer funds through transferring accounts or other form of settlement;

"(4) helping remit funds abroad; or

"(5) covering up or concealing, by other means, the source and nature of the proceeds obtained from commission of the crimes and the gains derived therefrom.”

17. One article is added after Article 262 to be Article 262a, which reads:"Whoever, by means of violence or coercion, organizes disabled persons or minors under the age of 14 to go begging shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall, in addition, be fined; and 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."

18. Article 303 of the Criminal Law is revised to read:"Whoever, for the purpose of making profits, gathers people to engage in gambling or makes gambling his profession shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall, in addition, be fined.

"Whoever runs a gambling house shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall, in addition, be fined; and if the circumstances are serious, 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."

19. Article 312 of the Criminal Law is revised to read:"Whoever, while clearly knowing that the proceeds are obtained from commission of crimes or are gains derived therefrom, hides, transfers, purchases, helps to sell, or covers up and conceals by other means, such proceeds or gains 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; and 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."

20. One article is added after Article 399 of the Criminal Law to be Article 399a, which reads:"Where a person, who is charged by law with the duty of arbitration, intentionally runs counter to facts and laws and twists the law when making a ruling in arbitration, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and 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."

21.This Amendment shall go into effect as of the date of its promulgation.

Anti-Drug Law of the People's Republic of China

  388
Order of the President of the People’s Republic of China
No.79

The Anti-drug Law of the People’s Republic of China, adopted at the 31st Meeting of the Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on December 29, 2007, is hereby promulgated and shall go into effect as of June 1, 2008.

Hu Jintao
President of the People’s Republic of China

December 29, 2007

Anti-Drug Law of the People’s Republic of China
（adopted at the 31st Meeting of the Standing Committee of the Tenth National People’s Congress on December 29, 2007）

Contents

Chapter I General Provisions

Chapter II Dissemination of and Education in the Need to Fight Against Drugs

Chapter III Drug Control

Chapter IV Measures for the Cure of Drug Addiction

Chapter V International Anti-drug Cooperation

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I

General Provisions

Article 1 This Law is enacted for the purpose of preventing and punishing criminal offences related to narcotic drugs, protecting the health of citizens both in body and in mind and maintaining social order.

Article 2 For the purposes of this Law, narcotic drugs include opium, heroin, methylaniline (ice), morphine, marijuana, cocaine and other narcotic and psychotropic substances that are addictive and are kept under control according to State regulations.

To meet the need of medical treatment, teaching or research, narcotic or psychotropic substances may be manufactured, marked, used, stored or transported in accordance with law.

Article 3 Fighting against narcotic drugs is the duty of the entire society. Government departments, public organizations, enterprises, institutions and other organizations and citizens shall, in accordance with the provisions of this Law and the relevant laws, perform their duty or obligation of fighting against narcotic drugs.

Article 4 In the fight against narcotic drugs, the principles of putting prevention first while tackling the problem in a comprehensive manner, and imposing a simultaneous ban on cultivating and manufacturing of, trafficking in, and ingesting or injecting of narcotic drugs.

In the fight against narcotic drugs, a working mechanism shall be applied under which the government exercises unified leadership, with the relevant departments performing their respective responsibilities and all sectors of the society participating in the fight.

Article 5 The State Council shall establish a national anti-drug committee, which shall take charge of organizing, coordinating and giving guidance to the fight against narcotic drugs nationwide.

The local people’s governments at or above the county level may, in light of the need for the fight against narcotic drugs, establish anti-drug committees, which shall be responsible for organizing, coordinating and giving guidance to the fight against narcotic drugs in their own administrative areas.

Article 6 The people’s governments at or above the county level shall include the fight against narcotic drugs in their plans for national economic and social development, and include the funds for the fight in their budgets.

Article 7 The State encourages public donations for the fight against narcotic drugs and shall, in accordance with law, adopt preferential tax policies towards donors.

Article 8 The State encourages scientific and technological research in prohibition of narcotic drugs, and promotes the wide use of advanced technologies and equipment in the fight against drug trafficking and of the advanced methods for treatment of drug addiction.

Article 9 The State encourages citizens to report criminal offences related to narcotic drugs. People’s governments at all levels and the relevant departments shall protect the informants, commend or reward the reporting persons who have performed meritorious deeds and the units or individuals that have made outstanding contribution to the fight against narcotic drugs.

Article 10 The State encourages volunteers to participate in the dissemination of and education in the need to fight against narcotic drugs and to provide social services for treatment of drug addiction. The local people’s governments at all levels shall give guidance to the volunteers and conduct training among them, and provide them with the necessary working conditions.

Chapter II

Dissemination of and Education in the Need to Fight Against Drugs

Article 11 The State shall, through various forms and among all the people, carry out dissemination of and education in the need to fight against narcotic drugs, in order to popularize knowledge about the need to prevent drug addiction, enhance citizens’ awareness of the importance of the fight against narcotic drugs, and help raise citizens’ consciousness to resist narcotic drugs.

The State encourages citizens and organizations to carry out dissemination of the need to fight against narcotic drugs for the public good.

Article 12 People’s governments at all levels shall, in various forms, organize and carry out regular dissemination of and education in the need to fight against narcotic drugs.

Trade unions, Communist youth leagues and women’s federations shall, in light of the characteristics of the different groups of people they work among, organize efforts to carry out dissemination of and education in the need to fight against narcotic drugs.

Article 13 The administrative departments for education and schools shall include knowledge about the fight against narcotic drugs in education and teaching, to disseminate among the students knowledge about the need to fight against narcotic drugs. Public security organs, judicial administration departments and administrative departments for health shall provide assistance in this regard.

Article 14 The press, publishing, cultural, radio, film and television institutions and the relevant units shall, in light of their specific audience, carry out dissemination of and education in the need to fight against narcotic drugs.

Article 15 Operators and managers of such public places as airports, railway stations, long-distance bus stations, wharves, hotels and recreation centers shall be responsible for dissemination of and education in the need to fight against narcotic drugs in their own places and implement the measures against narcotic drugs, to prevent the criminal offences related to narcotic drugs in their own places.

Article 16 Government departments, public organizations, enterprises, institutions and other organizations shall step up dissemination of and education in the need to fight against narcotic drugs among their staff members.

Article 17 Residents’ committees and villagers’ committees shall assist the people’s governments, public security organs and other departments in their efforts to step up dissemination of and education in the need to fight against narcotic drugs and put into practice the measures against narcotic drugs.

Article 18 The parents or other guardians of minors shall educate the minors in the harm of narcotic drugs, and prevent them from ingesting or injecting narcotic drugs or committing any other criminal offences related to such drugs.

Chapter III

Drug Control

Article 19 The State exercises control over the cultivation of the mother plants of the narcotic drugs for medical use. Illegal cultivation of the plants of opium poppy, coca, marijuana and of other mother plants that may be used for refining or processing narcotic drugs and that are kept under control according to State regulations is prohibited. Smuggling, trafficking in, transporting, carrying or possessing of the seeds or seedlings of the mother plants of narcotic drugs which are not inactivated is prohibited.

Local people’s governments at all levels shall, once discovering the illegal cultivation of the mother plants of narcotic drugs, immediately take measures to stop it and to uproot the said plants. When villagers’ committees or residents’ committees discover the illegal cultivation of the mother plants of narcotic drugs, they shall stop it and uproot the said plants without delay, and report the matter to the local public security organs.

Article 20 Enterprises that are designated by the State to cultivate the mother plants of narcotic drugs for medical use shall do so according to relevant State regulations.

The premises for extracting or processing narcotic drugs of the enterprises that are designated by the State to cultivate the mother plants of narcotic drugs for medical use and the warehouses established by the State for storing narcotic drugs shall be included in the list of the key places for security.

Any person who, without permission, enters the security areas such as the premises for extracting or processing narcotic drugs of the enterprises that are designated by the State to cultivate the mother plants of narcotic drugs for medical use and the warehouses established by the State for storing narcotic drugs shall be ordered by the security people to leave the said areas immediately; if he refuses to do so, he shall be escorted out of the place by force.

Article 21 The State exercises control over narcotic and psychotropic substances by applying a license system and an inspection system to the experiment and research in the said substances, and to their manufacture, marketing, use, storage and transport.

The State applies a license system to the manufacture, marketing, purchase and transport of the chemical materials that can easily be transformed into narcotic drugs.

Illegal manufacture, trafficking, transport, storage, supply, possession or use of narcotic and psychotropic substances or the chemical materials that can easily be transformed into narcotic drugs is prohibited.

Article 22 The State applies a license system to the import and export of narcotic and psychotropic substances and the chemical materials that can easily be transformed into narcotic drugs. The relevant departments under the State Council shall, in compliance with their defined duties and in accordance with law, exercise control over the import and export of narcotic and psychotropic substances and the chemical materials that can easily be transformed into narcotic drugs. Smuggling of narcotic and psychotropic substances and the chemical materials that can easily be transformed into narcotic drugs is prohibited.

Article 23 Where narcotic or psychotropic substances or the chemical materials that can easily be transformed into narcotic drugs are stolen, robbed or lost, or flow into illegal channels in other manners, the unit concerned shall, without delay, take the necessary control measures and report the matter to the public security organ and, at the same time, to the relevant competent departments in accordance with regulations.

After receiving the aforesaid report, or where there is evidence to prove the possibility of the flow into illegal channels of narcotic or psychotropic substances or the chemical materials that can easily be transformed into narcotic drugs, the public security organ shall conduct investigation in a timely manner and may take the necessary control measures with respect to the unit concerned. The drug regulatory department, the administrative department for health and the relevant departments shall cooperate with the public security organ in its work.

Article 24 Illegal imparting of the methods for manufacturing narcotic or psychotropic substances or the chemical materials that can easily be transformed into such drugs is prohibited. The public security organ shall, upon receiving a report on or discovering such imparting, investigate and punish the violation in a timely manner according to law.

Article 25 The specific measures for control over narcotic and psychotropic substances and the chemical materials that can easily be transformed into narcotic drugs shall be formulated by the State Council.

Article 26 The public security organs may, in light of the need for investigating and suppressing narcotic drugs, inspect the incoming and outgoing persons, articles, goods and means of transportation at border areas, vital communication lines and ports and at airports, railway stations, long-distance bus stations and wharves to see whether there are narcotic drugs or the chemical materials that can easily be transformed into narcotic drugs. The civil aviation, railway and communications departments shall cooperate in this respect.

The customs shall, in accordance with law, closely inspect the persons, articles, goods and means of transportation that enter and leave the ports, in order to prevent the smuggling of narcotic drugs or the chemical materials that can easily be transformed into narcotic drugs.

Postal service enterprises shall, in accordance with law, closely inspect the mail, in order to prevent the mailing of narcotic drugs and the illegal mailing of chemical materials that can easily be transformed into narcotic drugs.

Article 27 A patrol system shall be set up for recreation centers, under which criminal offences related to narcotic drugs, once discovered, shall be reported to public security organs without delay.

Article 28 Narcotic drugs, instruments for ingesting or injecting narcotic drugs, unlawful gains earned through criminal offences related to narcotic drugs and the profits derived therefrom, and the instruments, equipment and funds owned by the offenders that are directly used for the said offences shall be confiscated, and be disposed of according to regulations.

Article 29 The administrative department in charge of anti-money laundering shall, in accordance with law, rigorously monitor the funds suspected of being used in drug-related offences. The said department and the other departments or authorities charged, in accordance with law, with the duty of supervising anti-money laundering shall, upon discovering the flow of funds that are suspected of being used in drug-related offences, report the matter to the investigation organs in a timely manner and cooperate with the latter in investigation.

Article 30 The State establishes a sound system for monitoring narcotic drugs and an information system for the fight against narcotic drugs, to monitor activities related to narcotic drugs and to collect, analyze, use and exchange the information related to the fight against such drugs.

Chapter IV

Measures for the Cure of Drug Addiction

Article 31 The State takes various measures to help drug users overcome drug addiction, and enlighten them and help them cure their addiction.

Drug addicts shall undergo treatment of drug addiction.

The measures for verifying drug addiction shall be formulated by the administrative department for health, the drug regulatory department and the public security department under the State Council.

Article 32 Public security organs may conduct the necessary test on persons suspected of using narcotic drugs, and the persons subjected to such test shall cooperate; a person who refuses to undergo the test may be subjected to compulsory test upon approval by the leading person of a public security organ under the people’s government at or above the county level or of the office dispatched by the public security organ.

Public security organs shall have the drug users registered.

Article 33 The public security organ may order a drug addict to receive treatment of drug addiction in the community, and shall, at the same time, notify the neighborhood office in the urban area or the township or town people’s government of the place where the residence of the drug addict is registered or he is actually residing. The period for treatment of drug addiction in the community shall be three years.

A person for treatment of drug addiction shall receive the same in the community where his residence is registered; if he has a permanent domicile at the place where he is actually residing other than at the place where his residence is registered, he may receive such treatment in the community at the place where he is actually residing.

Article 34 Neighborhood offices in urban areas and the township or town people’s governments shall be responsible for the work related to treatment of drug addiction in the communities. They may designate the relevant grass-roots organizations to sign agreements on treatment of drug addiction in the communities with the persons to receive such treatment there in light of the conditions of the said persons themselves and their families, and put into effect the measures for different individuals who receive such treatment in the communities. Public security organs and the judicial administration departments, the administrative departments for health, the departments of civil affairs, etc. shall provide guidance and assistance with respect to treatment of drug addiction in the communities.

Neighborhood offices in urban areas, the township and town people’s governments, and the administrative departments of labour under the people’s governments at the county level shall provide the necessary vocational training in skills, and employment guidance and aid to the persons receiving treatment of drug addiction who are jobless and are unable to find jobs.

Article 35 Persons receiving treatment of drug addiction in the community shall abide by laws and regulations, conscientiously fulfill the agreements on treatment of drug addiction in the community, and accept regular test as required by public security organs.

If a person receiving treatment of drug addiction in the community violates the agreement on such treatment, the workers participating in treatment of drug addiction in the community shall criticize and enlighten him; if such violation is serious, or the said person ingests or injects narcotic drugs again during the period of treatment of drug addiction in the community, the said workers shall report the matter to the public security organ in a timely manner.

Article 36 A drug user may by himself go to a medical institution that is qualified for medical treatment of drug addiction to receive treatment.

A medical institution to be set up for treatment of drug addiction or a medical institution to provide such treatment shall meet the prescribed requirements laid down by the administrative department for health under the State Council and shall be subject to approval by the administrative department for health under the people’s government of the province, autonomous region or municipality directly under the Central Government where it is located, and the matter shall be put on file by the public security organ at the same level. Medical treatment of drug addiction shall be provided in conformity with the standards for such treatment as are formulated by the administrative department for health under the State Council, and shall be subject to supervision and inspection by an administrative department for health.

Treatment of drug addiction shall not be provided for the purpose of making profits. Medicines, medical apparatus and instruments and methods used for treatment of drug addiction shall not be advertised. Where fees are charged for such treatment, they shall be collected in accordance with the rates fixed by the department in charge of pricing under the people’s government of the province, autonomous region or municipality directly under the Central Government in conjunction with the administrative department for health under the same.

Article 37 A medical institution may, in light of the need for treatment of drug addiction, inspect the person and the articles carried by him who is receiving such treatment; and may, during the period of treatment adopt the necessary temporary and restrictive measures to protect him against personal danger.

When the medical institution discovers that a person receiving treatment of drug addiction ingests or injects narcotic drugs during the period of treatment, it shall report the matter to the public security organ in a timely manner.

Article 38 When a drug addict does one of the following, the public security organ under the people’s government at or above the county level shall make a decision on his compulsory isolation for drug rehabilitation:

(1) refusing to receive treatment of drug addiction in the community;

(2) ingesting or injecting drugs during the period of treatment of drug addiction in the community;

(3) seriously violating the agreement on treatment of drug addiction in the community; or

(4) relapsing into ingesting or injecting drugs after treatment of drug addiction in the community or after compulsory isolation for drug rehabilitation.

With respect to a person who is seriously addicted to narcotic drugs and is difficult to be cured of such addiction through treatment in the community, the public security organ may directly make a decision on his compulsory isolation for drug rehabilitation.

A drug addict who is willing to receive compulsory isolation for drug rehabilitation may, with the consent of the public security organ, go to a compulsory isolation center for drug rehabilitation to receive treatment.

Article 39 If a female drug addict is pregnant or is breast-feeding her own baby that has not reached the age of one, compulsory isolation for drug rehabilitation shall not be applied to her. If the drug addict is a minor who has not reached the age of 16, he may be dispensed from such isolation.

With respect to the drug addict to whom compulsory isolation for drug rehabilitation is not applicable, as specified in the preceding paragraph, he or she shall undergo treatment of drug addiction in the community in accordance with the provisions of this Law, and the neighborhood office in an urban area and people’s government of a township or town that is responsible for such treatment in the community shall do more in helping, enlightening and supervising him or her and see to it that the measures for treatment of drug addiction in the community are put into effect.

Article 40 When the public security organ decides to enforce compulsory isolation on a drug addict for drug rehabilitation, it shall make a written decision on compulsory isolation for drug rehabilitation, and, before the enforcement of such isolation, serve it on the person against whom the decision is made, and it shall, within 24 hours after the decision is served, notify his family, the unit where he belongs and the police station at the place where his residence is registered; and if the person against whom the decision is made refuses to tell his true name and address, or his identity is unclear, the public security organ shall make the notification after the identity is found out.

If the person against whom the decision on compulsory isolation for drug rehabilitation is made by the public security organ is dissatisfied with the decision, he may, according to law, apply for administrative reconsideration or bring an administration action before the court.

Article 41 The person against whom the decision on compulsory isolation for drug rehabilitation shall be sent by the public security organ that makes the decision to the compulsory isolation center for drug rehabilitation.

The regulations for the setting up of the compulsory isolation centers for drug rehabilitation and for their management system and fund guarantee shall be formulated by the State Council.

Article 42 When a person enters a compulsory isolation center for drug rehabilitation to receive treatment, he shall be subject to physical inspection and inspection of the articles he brings with him.

Article 43 The compulsory isolation center for drug rehabilitation shall, in light of the kind of the narcotic drugs that a drug addict ingests or injects and the degree of his addiction, etc., give him physiological or psychological treatment or physical rehabilitation training, as the case may be.

The compulsory isolation center for drug rehabilitation may, in light of the need for treatment of drug addiction, organize the persons receiving such treatment to engage in the necessary production or other work and train them in vocational skills. Where persons receiving treatment of drug addiction are organized to engage in production or other work, remunerations shall be paid to them.

Article 44 The compulsory isolation centers for drug rehabilitation shall manage the persons receiving treatment of drug addiction by diving them into different groups according to their sex, age, health condition, etc.

The compulsory isolation centers for drug rehabilitation shall provide the necessary nursing and medical treatment to the persons receiving treatment of drug addiction who are seriously handicapped or suffering from serous diseases; it shall, according to law, take the necessary measures to isolate and treat those persons who suffer from contagious diseases; and it may take the necessary protective measures to restrain those who may commit self-injury, self-mutilation, etc.

No managerial persons of the compulsory isolation centers for drug rehabilitation may inflict corporal punishment on, or maltreat or humiliate the persons receiving treatment of drug addiction.

Article 45 Compulsory isolation centers for drug rehabilitation shall have licensed doctors to meet the need of treatment of drug addiction. The said doctors who are entitled to prescribe narcotic or psychotropic substances may, in accordance with the relevant technical standards, administer narcotic or psychotropic substances to the persons receiving treatment of drug addiction.

The administrative departments for health shall give more effective professional guidance to the licensed doctors of the compulsory isolation centers for drug rehabilitation and exercise strict supervision and control over them.

Article 46 The relatives of a person receiving treatment of drug addiction, and the staff members of the unit where he belongs or of the school where he studies may visit him in accordance with relevant regulations. The person receiving treatment of drug addiction may leave the center to visit his spouse and lineal relatives upon approval by the compulsory isolation center for drug rehabilitation.

Managerial persons of the compulsory isolation center for drug rehabilitation shall inspect the articles and mail delivered by persons from outside of the center to the persons receiving treatment of drug addiction, in order to prevent narcotic drugs from being smuggled in along with the articles or mail. In the inspection of mail, attention shall be paid to protecting, according to law, the freedom and privacy of correspondence of the persons receiving treatment of drug addiction.

Article 47 The period of compulsory isolation for drug rehabilitation shall be two years.

Where, after one year of compulsory isolation for drug rehabilitation, diagnosis and assessment prove that a person receiving treatment of drug addiction is in good condition, the compulsory isolation center for drug rehabilitation may put forward the proposal for terminating such isolation in advance to the authority that makes the decision on compulsory isolation for drug rehabilitation for approval.

Where, before the expiration of the period of compulsory isolation for drug rehabilitation, diagnosis and assessment prove that such period needs to be extended for a person receiving treatment of drug addiction, the compulsory isolation center for drug rehabilitation shall put forward the proposal for extending the period to the authority that makes the decision on compulsory isolation for drug rehabilitation for approval. The period of isolation for drug rehabilitation may be extended to a maximum of one year.

Article 48 With respect to a person who is released from compulsory isolation for drug rehabilitation, the authority that makes the decision on such isolation may order him to receive recovery treatment in the community for not more than three years.

Recovery treatment in the community shall be administered mutatis mutandis according to the provisions of this Law on drug rehabilitation in the community.

Article 49 Local people’s governments at and above the county level may, in light of the need for the work of drug rehabilitation, set up recovery centers for drug rehabilitation; and they shall support the recovery centers for drug rehabilitation which are set up for the public good by different sectors of the society and shall provide them with the necessary conveniences and assistance.

Persons receiving treatment of drug addiction may choose to live and work at recovery centers for drug rehabilitation. If the said centers organize the said persons to participate in production or other work, they shall pay the latter remunerations mutatis mutandis according to the regulations of the employment system of the State.

Article 50 Public security organs and judicial administration departments shall provide the necessary treatment of drug addiction to the drug users who are, in accordance with law, detained, arrested, put into prison to serve criminal punishment and with respect to whom compulsory enlightenment measures are taken.

Article 51 The administrative departments for health under the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government may, in conjunction with the public security organs and the drug regulatory departments, organize efforts to provide maintenance treatment of drug addiction in accordance with the relevant regulations of the State and in light of the need for consolidating the results of abstinence from drugs and the prevalence of Acquired Immune Deficiency Syndrome in their respective administrative areas.

Article 52 Persons receiving treatment of drug addiction shall not be discriminated against in terms of enrollment in schools, employment, enjoyment of social security, etc. The relevant departments, organizations and persons shall provide them with the necessary guidance and help in these respects.

Chapter V

International Anti-drug Cooperation

Article 53 The People’s Republic of China shall, according to the international treaties that it has concluded or acceded to or under the principle of reciprocity, carry out international anti-drug cooperation.

Article 54 The national anti-drug committee shall, with the authorization of the State Council, be in charge of organizing and carrying out international anti-drug cooperation, and be responsible for performing the obligations prescribed by the international anti-drug convention.

Article 55 Matters involving judicial assistance in investigation of drug-related crimes shall be handled by judicial organs in accordance with the relevant provisions of law.

Article 56 The relevant departments under the State Council shall, in compliance with their respective duties, promote the exchange of anti-drug intelligence and information with the law-enforcement authorities of the relevant countries or regions and the international organizations and carry out cooperation in anti-drug law enforcement according to law.

The public security organs of the people’s governments at or above the county level at the border areas may, upon approval by the department of public security under the State Council, carry out law-enforcement cooperation with the law-enforcement authorities of the relevant countries or regions.

Article 57 Where a drug-related criminal case is cracked through international anti-drug cooperation, the People’s Republic of China may share with the relevant countries the illegal gains, the profits derived therefrom, and the money or things of value that are used for drug-related crimes or the money from selling such things of value, which are seized through such cooperation.

Article 58 The relevant departments under the State Council may, with the authorization of the State Council, support the relevant countries to substitute the cultivation of the mother plants of narcotic drugs and to develop substitute industries by providing aid and through other channels.

Chapter VI

Legal Liability

Article 59 Where a person commits any of the following acts, which constitutes a crime, he shall be investigated for criminal responsibility according to law; if the case is not serious enough to constitute a crime, a penalty for administration of public security shall be imposed on him according to law:

(1) smuggling, selling, transporting or manufacturing narcotic drugs;

(2) illegally possessing narcotic drugs;

(3) illegally cultivating the mother plants of narcotic drugs;

(4) illegally trafficking in, transporting, carrying or possessing the seeds or seedlings of the mother plants of narcotic drugs, which are not inactivated;

(5) illegally imparting the methods for manufacturing narcotic or psychotropic substances or the chemical materials that can easily be transformed into narcotic drugs;

(6) compelling, or instigating another person to ingest or inject drugs, or luring or inveigling him into doing so; or

(7) providing narcotic drugs to another person.

Article 60 Where a person commits any of the following acts, which constitutes a crime, he shall be investigated for criminal responsibility according to law; if the case is not serious enough to constitute a crime, a penalty for administration of public security shall be imposed on him according to law:

(1) shielding an offender who smuggles, sells, transports or manufactures narcotic drugs, or harboring, transferring or concealing, for an offender, narcotic drugs or the pecuniary and other gains from criminal activities;

(2) giving information to an offender when a public security organ is investigating criminal offences related to narcotic drugs;

(3) obstructing inspection of narcotic drugs conducted in accordance with law; or

(4) concealing, transferring, selling, damaging or destroying the money or things of value involved in criminal offences related to narcotic drugs, which are distrained, sealed up or frozen by a judicial organ or administrative law-enforcement organ in accordance with law.

Article 61 Where a person provides shelter for another person to ingest or inject narcotic drugs, or leads another person into trafficking in narcotic drugs, which constitutes a crime, he shall be investigated for criminal responsibility according to law; if the case is not serious enough to constitute a crime, he shall be detained by a public security organ for not less than 10 days but not more than 15 days and may, in addition, be fined not more than RMB 3,000 yuan; if the circumstances are relatively minor, he shall be detained for not more than 5 days or be fined not more than 500 yuan.

Article 62 A person who ingests or injects narcotic drugs shall be given on a penalty for administration of public security according to law. If a drug user goes to the public security organ for registration on his own initiative or goes to a qualified medical institution to receive treatment of drug addiction, he shall be dispensed from any penalty.

Article 63 Where in the course of experiment and research of narcotic or psychotropic substances, or of manufacturing, marketing, using, storing, transporting, importing or exporting such substances, or of cultivating the mother plants of narcotic drugs for medical use, State regulations are violated, so that the said narcotic or psychotropic substances or mother plants flow into illegal channels, which constitutes a crime, criminal responsibility shall be investigated for according to law; if the violation is not serious enough to constitute a crime, a penalty shall be imposed according to the provisions of the relevant laws and administrative regulations.

Article 64 Where in the course of manufacturing, marketing, purchasing, transporting, importing or exporting chemical materials that can easily be transformed into narcotic drugs, State regulations are violated, so that the said chemical materials flow into illegal channels, which constitutes a crime, criminal responsibility shall be investigated for according to law; if the violation is not serious enough to constitute a crime, a penalty shall be imposed according to the provisions of the relevant laws and administrative regulations.

Article 65 Where a recreation center or any of its employees commits an offence related to narcotic drugs, or provides conditions to the persons who go to the recreation center to commit an offence related to narcotic drug, which constitutes a crime, criminal responsibility shall be investigated for according to law; if the violation is not serious enough to constitute a crime, a penalty shall be imposed according to the provisions of the relevant laws and administrative regulations.

If a manager of an recreation center clearly knows that groups of people are ingesting or injecting drugs or drugs are sold in the center, but fails to report to the public security organ, he shall be penalized pursuant to the provisions of the preceding paragraph.

Article 66 Where a person, without approval, engages in the treatment of drug addiction, he shall be ordered to discontinue the illegal treatment by the administrative department for health, and the illegal gains derived therefrom and the medicines, medical apparatus and instruments, etc. used shall be confiscated; if a crime is constituted, he shall be investigated for criminal responsibility according to law.

Article 67 Where a medical institution for treatment of drug addiction discovers that a person receiving such treatment ingests or injects narcotic drugs during the period of treatment, but fails to report to the public security organ, it shall be instructed to rectify by the administrative department for health; if the circumstances are serious, it shall be ordered to suspend business for rectification.

Article 68 Where a compulsory isolation center for drug rehabilitation, a medical institution or a doctor uses narcotic or psychotropic substances in violation of regulations, which constitutes a crime, it or he shall be investigated for criminal responsibility according to law; if the violation is not serious enough to constitute a crime, penalties shall be imposed according to the provisions of the relevant laws and administrative regulations.

Article 69 Where a staff member of a public security organ, judicial administration department or a relevant department in charge commits any of the following acts in the fight against narcotic drugs, which constitutes a crime, he shall be investigated for criminal responsibility according to law; if the case is not serious enough to constitute a crime, he shall be given a sanction according to law:

(1) covering up or conniving at a drug-related offender;

(2) subjecting persons receiving treatment of drug addiction to corporal punishment, maltreatment, humiliation, etc.;

(3) misappropriating, withholding or pocketing the funds earmarked for the fight against narcotic drugs; or

(4) without authorization, disposing of the seized narcotic drugs, or the money or things of value that are involved in offences related to narcotic drugs and are distrained, sealed up or frozen.

Article 70 Where a unit concerned or any of its staff members discriminates against a person receiving treatment of drug addiction in terms of enrollment in schools, employment, enjoyment of social security, etc., it or he shall be ordered to rectify by the administrative department for education, or the administrative department of labor; if losses are caused to the said person, it or he shall be liable for compensation according to law.

Chapter VII

Supplementary Provisions

Article 71 This Law shall go into effect as of June 1, 2008. The Decision of the Standing Committee of the National People’s Congress on the Prohibition Against Narcotic Drugs shall be annulled at the same time.

Decision of the Standing Committee of the National People's Congress on Punishing Crimes of Fraudulently Purchasing, Evading and Illegally Trading in Foreign Exchange

  352
(Adopted at the 6th Meeting of the Standing Committee of the Ninth National People’s Congress on December 29, 1998 and promulgated by Order No. 14 of the President of the People’s Republic of China on December 29, 1998)
For the purpose of punishing the criminal acts of fraudulently purchasing, evading and illegally trading in foreign exchange and maintaining the State's control over foreign exchange, the following provisions are made to amend and supplement the Criminal Law:

1. Whoever fraudulently purchases foreign exchange by any of the following means shall, if the amount involved is relatively large, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 5 percent but not more than 30 percent of the amount of foreign exchange fraudulently purchased; if the amount involved is huge, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined not less than 5 percent but not more than 30 percent of the amount of foreign exchange fraudulently purchased; if the amount involved is especially huge, or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined not less than 5 percent but not more than 30 percent of the amount of foreign exchange fraudulently purchased or his property shall be confiscated:

(1) using forged or altered certificates or documents such as the declaration forms and the import certificates issued by the Customs and the verification certificates of the department for control over foreign exchange;

(2) repeatedly using certificates or documents such as the declaration forms and the import certificates issued by the Customs and the verification certificates of the department for control over foreign exchange; or

(3) by any other means.

Whoever forges or alters certificates or documents such as the declaration forms and the import certificates issued by the Customs and the verification certificates of the department for control over foreign exchange and uses such certificates or documents to fraudulently purchase foreign exchange shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.

Whoever provides funds in Renminbi while clearly knowing that they are to be used for fraudulent purchase of foreign exchange shall be regarded as a joint offender and punished as such.

Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined in accordance with the provisions of the first paragraph and, in addition, the persons who are directly in charge of the unit and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is huge, or if there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the amount involved is especially huge, or if there are other especially serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.

2.Whoever buys or sells forged or altered certificates or documents such as the declaration forms and the import certificates issued by the Customs and the verification certificates of the department for control over foreign exchange or other documents, certificates or seals of a State organ shall be convicted and punished in accordance with the provisions of Article 280 of the Criminal Law.

3. Article 190 of the Criminal Law is revised as follows: Any company, enterprise or any other unit that, against State regulations, deposits foreign exchange outside of China or illegally transfers foreign exchange from inside China to any other countries shall, if the amount involved is relatively huge, be fined not less than 5 percent but not more than 30 percent of the amount of the evaded foreign exchange and, in addition, the persons who are directly in charge of the unit and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is huge, or if there are other serious circumstances, the unit shall be fined not less than 5 percent but not more than 30 percent of the amount of evaded foreign exchange and, in addition, the persons who are directly in charge of the unit and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not less than five years.

4. Whoever illegally trades in foreign exchange in places other than the ones designated by the State for such trade and thus disrupts market order shall, if the circumstances are serious, be convicted and punished in accordance with the provisions of Article 225 of the Criminal Law.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be punished in accordance with the provisions of Article 231 of the Criminal Law.

5. Where a staff member of the Customs, the departments for control over foreign exchange, financial institutions, companies or enterprises engaged in foreign trade or any other unit conspires with the persons who fraudulently purchase or evade foreign exchange, providing them with relevant certificates for purchase of foreign exchange or other conveniences, or sells or pays in foreign exchange while clearly knowing that the certificates or documents are forged or altered, he shall be regarded as a joint offender and given a heavier punishment in accordance with this Decision.

6. Any staff member of the Customs and the departments for control over foreign exchange who, through his gross neglect of duty, results in a large amount of foreign exchange fraudulently purchased or evaded, thus causing heavy losses to the interests of the State, shall be convicted and punished in accordance with the provisions of Article 397 of the Criminal Law.

7. Any staff member of financial institutions and companies or enterprises engaged in foreign trade who, through his gross neglect of duty, results in a large amount of foreign exchange fraudulently purchased or evaded, thus causing heavy losses to the interests of the State, shall be convicted and punished in accordance with the provisions of Article 167 of the Criminal Law.

8. All the money and property recovered or confiscated and the fines imposed for committing the crimes mentioned in this Decision shall be turned over to the State treasury.

9. This Decision shall go into effect as of the date of promulgation.