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| Decision of the Standing Committee of the National People's Congress Regarding the Severe Punishment of Criminals Who Seriously Endanger Public Security |
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1983.09.02
STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S
CONGRESS REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO SERIOUSLY
ENDANGER PUBLIC SECURITY
(Adopted at the Second Meeting of the Standing Committee of the
Sixth National People's Congress and promulgated for implementation
by Order No. 3 of the President of the People's Republic of China on
September 2, 1983)
In order to maintain public security, ensure the safety of the
lives and property of the people and safeguard the smooth progress
of the socialist construction, it is imperative to subject criminals
that seriously endanger public security to severe punishment. To this
end it is decided:
1. Punishment above the maximum punishment stipulated in the
Criminal Law, up to and including death sentences, may be
inflicted on the following criminals who seriously endanger public
security:
(1) ringleaders of criminal hooligan groups or those who carry
lethal weapons to engage in criminal hooligan activities, if the
circumstances are serious, or those who engage in criminal
hooligan activities leading to especially serious consequences;
(2) whoever intentionally inflicts serious bodily injury upon
another person or causes the person's death, if the circumstances are
flagrant, or whoever commits violence and injures a state functionary
or citizen who has accused, exposed or arrested a criminal or stopped a
criminal act;
(3) ringleaders of groups who abduct and traffic in human
beings, or whoever abducts and traffics in human beings when the
circumstances are especially serious;
(4) whoever illegally manufactures, trades in, transports,
steals or forcibly seizes guns, ammunition or explosives, when the
circumstances are especially serious or when serious consequences are
caused;
(5) whoever organizes reactionary secret societies or uses
feudal superstition to carry on counterrevolutionary activities,
thereby seriously endangering public security; or
(6) whoever lures or forces a woman into prostitution or shelters
her in prostitution, when the circumstances are especially serious.
2. Whoever imparts criminal methods, when the circumstances are
relatively minor, shall be sentenced to fixed-term imprisonment of
not more than five years; when the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less
than five years; and when the circumstances are especially serious,
he shall be sentenced to life imprisonment or death.
3. This Decision shall, upon its promulgation, be applicable
to the adjudication of the criminal cases mentioned above.
APPENDIX: THE RELEVANT ARTICLES IN THE CRIMINAL LAW
@@ Article 160. Where an assembled crowd engages in affrays,
creates disturbances, humiliates women or engages in other hooligan
activities that undermine public order, if the circumstances are
flagrant, the offenders shall be sentenced to fixed-term imprisonment
of not more than seven years, criminal detention or public surveillance.
Ringleaders of hooligan groups shall be sentenced to
fixed-term imprisonment of not less than seven years.
@@ Article 134. Whoever intentionally inflicts bodily injury upon
another person shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention.
Whoever, by committing the crime mentioned in the preceding
paragraph, causes severe injury to another person shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than seven years; if he causes a person's death, he
shall be sentenced to fixed-term imprisonment of not less than
seven years or life imprisonment. Where this Law has other provisions,
such provisions shall prevail.
@@ Article 141. Whoever abducts and traffics in human beings
shall be sentenced to fixed-term imprisonment of not more than five
years; if the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than five years.
@@ Article 112. Whoever illegally manufactures, trades in or
transports guns or ammunition or steals or forcibly seizes the guns
or ammunition of state organs, members of the armed forces, the
police or the people's militia shall be sentenced to fixed-term
imprisonment of not more than seven years; if the circumstances
are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than seven years or life imprisonment.
@@ Article 99. Whoever organizes or uses feudal
superstition, superstitious sects or secret societies to carry on
counterrevolutionary activities shall be sentenced to fixed-term
imprisonment of not less than five years; if the circumstances are
relatively minor, the offender shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention,
public surveillance or deprivation of political rights.
@@ Article 140. Whoever forces a woman to engage in prostitution
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than ten years.
@@ Article 169. Whoever, for the purpose of profit, lures
women into prostitution or shelters them in prostitution shall
be sentenced to fixed-term imprisonment of not more than five years,
criminal detention or public surveillance; if the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of
not less than five years and may concurrently be sentenced to a fine or
confiscation of property.
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