Order of the president of the people’s Republic of China No
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66 amendment to the criminal law of the people’s Republic of China (11), which was adopted at the 24th Meeting of the Standing Committee of the 13th National People’s Congress of the people’s Republic of China on December 26, 2020, is hereby promulgated and shall come into force as of March 1, 2021
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People’s Republic of China chairman Xi Jinping’s December 26, 2020 People’s Republic of China criminal law amendment (eleven) has a total of forty-eight contents
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It is worth noting that the 134th second paragraphs are revised as follows: “forcing others to violate the rules or taking risks, or knowing that there are serious accidents, and do not exclude them, they still risk organizing their operations, resulting in serious casualties or accidents
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If the consequences are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are especially flagrant, he shall be sentenced to fixed-term imprisonment of not less than five years
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” Article 134 the new contents are as follows: those who violate the relevant provisions on safety management in production or operation, and are in any of the following circumstances, which may cause a real danger of heavy casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance: (1) close down or destroy the monitoring, alarm, protection and life-saving equipment and facilities directly related to production safety (2) being ordered to suspend production or business, construction or use of relevant equipment, facilities or places according to law, or immediately taking rectification measures to eliminate risks, but refusing to implement them due to the existence of major potential accidents; (3) engaging in mining without approval or permission according to law in matters involving production safety Metal smelting, construction, production, operation and storage of dangerous goods
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Note: the new clause stipulates that “there is a real risk of major casualty accident or other serious consequences” refers to “major casualty accident or other serious consequences” without major casualty accident, which is obviously different from “major casualty accident or other serious consequences” in the second paragraph of this article
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The former has not happened, but there are real dangers; the latter has happened or caused
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This is the first time that the criminal law of our country has proposed to investigate the criminal responsibility for the illegal acts which have no serious casualties or other serious consequences but are in real danger
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In the past, our common illegal activities such as “closing down”, “destroying”, “tampering”, “concealing”, “destroying” and “refusing to carry out” and “unauthorized” activities will no longer be just administrative punishment, or will be investigated for criminal responsibility
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In this amendment, the illegal act of “knowing that there is a major accident hidden danger but not excluding, still organizing the operation at risk” seems not to force others to work at risk, but it is the same as “forcing others to work at risk in violation of regulations”
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Therefore, we advise some production and business units to attach great importance to safety in production and not to commit the above-mentioned illegal acts, otherwise they will be investigated for criminal responsibility
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If the person in charge of a production and business operation entity has any of the illegal acts listed above and is subject to criminal responsibility investigation, he shall not be the main person in charge of any production and business operation entity within five years from the date of the completion of the execution of the penalty
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There are serious violations or will be investigated for criminal responsibility of this legal provision, will have a certain role in curbing illegal acts
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Amendment to the criminal law of the people’s Republic of China (11) [full text] (adopted at the 24th Meeting of the Standing Committee of the 13th National People’s Congress on December 26, 2020) 1
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Article 17 of the criminal law is amended to read: “a person who has reached the age of 16 shall be held criminally responsible for a crime
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“If a person who has reached the age of 14 but not 16 commits the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion or dangerous substances, he shall bear criminal responsibility
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“If a person who has reached the age of 12 but not the age of 14 commits the crime of intentional homicide or intentional injury, causing death or serious injury by especially cruel means, causing serious disability, and if the circumstances are abominable, and the prosecution is approved by the Supreme People’s Procuratorate, he shall bear criminal responsibility
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“A person under the age of 18 who is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs shall be given a lighter or mitigated punishment
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“If no criminal punishment is given because he is under the age of 16, his parents or other guardians shall be ordered to discipline him; when necessary, special corrective education shall be given according to law.” 2、 One article is added after article 133-1 of the criminal law as article 133-2: “Whoever uses violence or forcibly controls the driving control device against the driver of a public transport vehicle in motion, thus interfering with the normal operation of the public transport vehicle and endangering public safety, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and shall also, or shall only, be fined
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“If a driver specified in the preceding paragraph leaves his duty without permission on the public transport vehicle he is driving and fights with others or beats others, thus endangering public safety, he shall be punished in accordance with the provisions of the preceding paragraph
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“Those who commit the acts mentioned in the preceding two paragraphs and constitute other crimes at the same time shall be convicted and punished in accordance with the provisions on heavier punishment.” 3、 The second paragraph of Article 134 of the criminal law is amended as: “anyone who forces another person to operate at risk in violation of regulations, or who, knowing that there are hidden dangers of major accidents, still organizes operations at risk, thus causing heavy casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are especially flagrant, he shall be sentenced to fixed-term imprisonment of not less than five years.” 4、 One article is added after Article 134 of the criminal law as one of Article 134: “anyone who violates the relevant provisions on safety management in production or operation and is in any of the following circumstances, which poses a real risk of heavy casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance.” (1) close down or damage production safety that is directly related (2) refusing to carry out the relevant monitoring, alarm, protection and life-saving equipment and facilities, or tampering with, concealing or destroying the relevant data and information; (3) matters related to production safety Without approval or permission according to law, those who engage in mining, metal smelting, construction, production, operation and storage of dangerous goods and other highly dangerous production activities without authorization
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” 5、 Article 141 of the criminal law is amended as: “Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; whoever causes death or has other especially serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.” Penalty or death penalty, and a fine or confiscation of property
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“Any person of a drug using unit who knowingly supplies a fake drug to another person for use shall be punished in accordance with the provisions of the preceding paragraph.” 6、 Article 142 of the criminal law is amended as: “Whoever produces or sells inferior drugs and causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated
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“Personnel of a drug using unit who knowingly provide inferior drugs to others for use shall be punished in accordance with the provisions of the preceding paragraph.
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