Beijing, Dec. 29 (Xinhua) -- Amendment (12) to the Criminal Law of the People's Republic of China
Adopted at the Seventh Session of the Standing Committee of the 14th National People's Congress on December 29, 2023).
1. Add a paragraph to Criminal Law article 165 as the second paragraph, and amend this article to read: "Where directors, supervisors, or senior managers of state-owned companies or enterprises take advantage of their positions to operate their own business or for others a business similar to that of the company or enterprise they work for, and obtain illegal benefits, and the amount is huge, they are to be sentenced to up to three years imprisonment or short-term detention and/or a fine;where the amount involved is especially huge, the sentence is between three and seven years imprisonment and a concurrent fine.
Where directors, supervisors, or senior managers of other companies or enterprises violate the provisions of laws or administrative regulations by carrying out the conduct described in the preceding paragraph, causing major losses to the interests of the company or enterprise, they shall be punished in accordance with the provisions of the preceding paragraph. ”
2. Add a paragraph to Criminal Law article 166 as the second paragraph, and amend this article to read: "In any of the following circumstances, where staff of state-owned companies, enterprises, or public institutions take advantage of their positions to facilitate their positions, causing major losses to national interests, they are to be sentenced to up to three years imprisonment or short-term detention and/or a fine;and where the interests of the state suffer especially heavy losses, a sentence of between three and seven years imprisonment and a concurrent fine is to be given
1) Leaving the profit-making business of the unit to their relatives and friends to operate;
2) Purchasing goods or receiving services from units operated and managed by one's relatives and friends with a significantly higher level than the market, or selling goods or providing services to units operated and managed by one's relatives and friends with a significantly lower market level;
3) Purchasing or accepting substandard goods or services from units operated and managed by one's relatives and friends.
Where the staff of other companies or enterprises violate the provisions of laws or administrative regulations by carrying out the conduct described in the preceding paragraph, causing major losses to the interests of the company or enterprise, punishment is to be given in accordance with the provisions of the preceding paragraph. ”
3. Add a paragraph to Criminal Law article 169 as the second paragraph, and amend this article to read: "Where a person in charge of a state-owned company or enterprise or the department directly responsible for the competent department at a higher level engages in favoritism and twists the law by depreciating state-owned assets at a low price into shares or at a low price, causing major losses to national interests, a sentence of up to three years imprisonment or short-term detention is to be given;and where the interests of the state are particularly seriously harmed, a sentence of between three and seven years imprisonment is to be given.
Where the directly responsible managers of other companies or enterprises engage in favoritism and malpractice by converting the company's or enterprise's assets into shares at a low price or at a low price, causing major losses to the company's or enterprise's interests, they shall be punished in accordance with the provisions of the preceding paragraph. ”
IV. Modify the first paragraph of Criminal Law article 387 to read: "Where state organs, state-owned companies, enterprises, public institutions, or people's organizations solicit or illegally accept other people's property to seek benefits for others, and the circumstances are serious, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to three years imprisonment or short-term detention;where the circumstances are especially serious, the sentence is between three and ten years imprisonment. ”
5. Amend Criminal Law article 390 to read: "Those who commit the crime of offering bribes are sentenced to up to three years imprisonment or short-term detention and a concurrent fine;Whoever seeks improper benefits through bribery, where the circumstances are serious, or causes major losses to national interests, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a concurrent fine;where the circumstances are especially serious, or cause especially heavy harm to national interests, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
In any of the following circumstances, a heavier punishment is given:
1) Repeatedly offering bribes or bribes to multiple people;
2) Bribery by state functionaries;
3) Offering bribes in key national projects or major projects;
4) Offering bribes for the purpose of seeking a position, rank promotion, or adjustment;
5) Offering bribes to supervision, administrative law enforcement, or judicial personnel;
6) Offering bribes and carrying out illegal or criminal activities in areas such as ecology and the environment, finance, production safety, food and drugs, disaster prevention and relief, social security, education, and medical care;
7) Using unlawful gains for bribery.
Where the bribe giver voluntarily confesses the bribery before being prosecuted, the punishment may be mitigated or commuted. Of these, where the crime is relatively minor, where it plays a key role in the breakthrough in the investigation or the detection of a major case, or where there is a major meritorious service, punishment may be commuted or waived. ”
VI. Amend the first paragraph of Criminal Law article 391 to read: "Whoever gives property to state organs, state-owned companies, enterprises, public institutions, or people's organizations in order to seek improper benefits, or violates state provisions by giving kickbacks or fees in various names in the course of economic dealings, is to be sentenced to up to three years imprisonment or short-term detention and a concurrent fine;where the circumstances are serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. ”
VII. Modify Criminal Law article 393 to read: "Where a unit offers bribes for the purpose of seeking improper benefits, or violates state provisions by giving kickbacks or handling fees to state employees, and the circumstances are serious, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to three years imprisonment or short-term detention and a concurrent fine;where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. Where unlawful gains obtained through bribery are owned by individuals, they are to be convicted and punished in accordance with the provisions of articles 389 and 390 of this Law. ”
8. This Amendment shall come into force on March 1, 2024. (ENDS).