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全国人民代表大会常务委员会关于严惩严重危害社会治安的犯罪分子

分类: 法律英语 
 

(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)(Editor's Note: This Decision has been invalidated by the Criminal Law of the People's Republic of China revised at the Fifth Session of the Eighth National People's Congress on March 14, 1997, and effective on October 1, 1997)
时效性:失效  颁布日期:19830902  实施日期:19830902  失效日期:19971001  颁布单位:全国人大常委会

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 who 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) ring leaders 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 counter revolutionary 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 counter revolutionary 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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