推荐访问:WWW.86148.COM 站内查询:
设为首页 加入收藏 在线留言
 
网站首页 制报道 中国法律篇 财经法规篇 地方法规篇 国际条约篇 案例汇编 法律英文版 法制课堂 会员注册 联系我们 福建法学
 
您现在所在的位置:首页 >>法律英文版>>CRIMINALLAW >> 文章内容
Criminal Law of the People's Republic of China (2)
双击自动滚屏 文章来源:网上转载   发布者:admin   发布时间:2001-7-28   阅读:8018

 

  SECTION  2  PREPARATION  FOR  A CRIME, CRIMINAL ATTEMPT AND
DISCONTINUATION OF A CRIME
    Article 19. Preparation for a crime refers to the preparation
of the instruments or the creation of the conditions for a crime.
 An  offender  who prepares for a crime may, in comparison with
one who completed  the  crime,  be given a lighter or mitigated
punishment or be exempted from punishment.
    Article  20.  A  criminal attempt refers to a case where an
offender has already begun to commit a crime but is prevented from
completing it for reasons independent of his will.
 An  offender  who attempts to commit a crime may, in comparison with
one who completed the crime, be given a lighter or mitigated punishment.
    Article 21. Discontinuation of a crime refers to cases where,
in the process  of  committing  a  crime, the offender voluntarily
discontinues the crime  or voluntarily and effectively prevents the
consequences of the crime from occurring.
 An  offender  who  discontinues a crime shall be exempted from
punishment or be given a mitigated punishment.
SECTION 3 JOINT CRIMES
    Article  22.  A  joint crime refers to an intentional crime
committed by two or more persons jointly.
 A  negligent crime committed by two or more persons jointly shall
not be punished  as  a joint crime; those who should bear criminal
responsibility shall be individually punished according to the crimes
they have committed.
    Article  23. A principal criminal refers to any person who
organizes and leads  a  criminal group in carrying out criminal
activities or plays a principal role in a joint crime.
 A  principal  criminal  shall be given a heavier punishment unless
otherwise stipulated in the Specific Provisions of this Law.
    Article  24. An accomplice refers to any person who plays a
secondary or auxiliary role in a joint crime.
 An  accomplice  shall, in comparison with a principal criminal, be
given a lighter or mitigated punishment or be exempted from punishment.
    Article  25.  A  person  who is compelled or induced to
participate in a crime shall, according to the circumstances of his
crime and in comparison with an accomplice, be given a mitigated
punishment or be exempted from punishment.
    Article  26.  A person who instigates others to commit a crime
shall be punished  according to the role he has played in the joint
crime. Anyone who instigates a person under the age of 18 to commit a
crime shall be given a heavier punishment.
 If  the  instigated  person  has  not committed the instigated
crime, the instigator may be given a lighter or mitigated punishment.
CHAPTER III PUNISHMENTS
SECTION 1 TYPES OF PUNISHMENTS
     Article  27.  Punishments  are  divided  into  principal
punishments and supplementary punishments.
   Article 28. The principal punishments are as follows:
(1) Public surveillance;
(2) Criminal detention;
(3) Fixed-term imprisonment;
(4) Life imprisonment; and
(5) The death penalty.
   Article 29. The supplementary punishments are as follows:
(1) Fines;
(2) Deprivation of political rights; and
(3) Confiscation of property.
Supplementary punishments may be imposed independently.
     Article  30. Deportation may be imposed independently or
supplementarily to a foreigner who commits a crime.
    Article  31.  If  a victim has suffered economic losses as a
result of a crime, the criminal shall, in addition to receiving a
criminal sanction according to law, be sentenced to make compensation
for the economic losses in the light of the circumstances.
    Article 32. If the circumstances of a person's crime are minor
and do not require punishment, he may be exempted from criminal
sanctions;  however,  he   may,  according  to  the  different
circumstances  of  each  case,  be reprimanded or ordered to make a
statement of repentance, offer an apology, pay compensation for the
losses or be subject to administrative sanctions by the competent
department.
SECTION 2 PUBLIC SURVEILLANCE
    Article  33.  The  term of public surveillance shall not be
less than three months and not more than two years.
 Public surveillance shall be decided by the judgment of a people's
court and executed by a public security organ.
     Article  34.  A  criminal  who  is sentenced to public
surveillance must observe  the  following rules during the term in
which his sentence is being executed:
 (1)  observe  laws  and  decrees,  submit to supervision by the
masses and actively participate in collective productive labour or work;
 (2)  report  regularly  on  his  own  activities  to the organ
executing the public surveillance; and
 (3)  report  and obtain approval from the organ executing the
pu

[1] [2]  下一页


【 字体: 打印本页 | 关闭窗口
 本文的地址是: http://86148.com/onews.asp?id=19763  转载请注明出处!
意见簿 | 联系我们 | 友情链接 | 标志说明 
合作联系:0591-28858502 网站合作联系 本站联系方式不接受法律咨询。
中国法律法规资讯网 版权所有 闽ICP备11010190号  制作:孤岩设计工作室

网络支持:哈唐网络科技有限公司
COPYRIGHT@2001-2018 WWW.86148.COM All RIGHTS RESERVED
www.86148.com www.Law114.cn www.86148.com.cn www.86148.cn