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中华人民共和国刑法-英汉对照-2

发表时间:2020-1-13  浏览次数:1814  
字体大小: 【小】 【中】 【大】

第五十七条 对于被判处死刑、无期徒刑的犯罪分子,应当剥夺政治权利终身。

Article 57 Any criminal who is sentenced to death or to life imprisonment shall be deprived of his political rights for life.

在死刑缓期执行减为有期徒刑或者无期徒刑减为有期徒刑的时候,应当把附加剥夺政治权利的期限改为三年以上十年以下。

When a death penalty with a suspension of execution is commuted to a fixed-term imprisonment, or a life imprisonment is commuted to a fixed- term imprisonment, the term of the supplementary punishment of deprivation of political rights shall be changed to not less than three years but not more than 10 years.

第五十八条 附加剥夺政治权利的刑期,从徒刑、拘役执行完毕之日或者从假释之日起计算;剥夺政治权利的效力当然施用于主刑执行期间。

Article 58 A term of deprivation of political rights as a supplementary punishment shall be counted from the date on which imprisonment or criminal detention ends or from the date on which parole begins. Deprivation of political rights shall, as a matter of course, be in effect during the period in which the principal punishment is being executed.

被剥夺政治权利的犯罪分子,在执行期间,应当遵守法律、行政法规和国务院公安部门有关监督管理的规定,服从监督;不得行使本法第五十四条规定的各项权利。

Any criminal who is deprived of his political rights shall, during the period of execution, observe laws, administrative rules and regulations and other regulations governing supervision and control stipulated by the department of public security under the State Council and submit to supervision; he shall not exercise any of the rights listed in Article 54 of this Law.

第八节 没收财产

SECTION 8 CONFISCATION OF PROPERTY

第五十九条 没收财产是没收犯罪分子个人所有财产的一部或者全部。没收全部财产的,应当对犯罪分子个人及其扶养的家属保留必需的生活费用。

Article 59 Confiscation of property refers to the confiscation of part or all of the property personally owned by a criminal. Where confiscation of all the property of a criminal is imposed, the amount necessary for the daily expenses of the criminal himself and the family members supported by him shall be taken out.

在判处没收财产的时候,不得没收属于犯罪分子家属所有或者应有的财产。

When a sentence of confiscation of property is imposed, property that the criminal's family members own or should own shall not be subject to confiscation.

第六十条 没收财产以前犯罪分子所负的正当债务,需要以没收的财产偿还的,经债权人请求,应当偿还。

Article 60 Where it is necessary to use part of the confiscated property to repay the legitimate debts that the criminal incurred before his property is confiscated, the debts shall be repaid at the request of the creditors.

第四章 刑罚的具体运用

CHAPTER IV THE CONCRETE APPLICATION OF PUNISHMENTS

第六十一条 对于犯罪分子决定刑罚的时候,应当根据犯罪的事实、犯罪的性质、情节和对于社会的危害程度,依照本法的有关规定判处。

Article 61 When sentencing a criminal, a punishment shall be meted out on the basis of the facts, nature and circumstances of the crime, the degree of harm done to society and the relevant provisions of this Law.

第六十二条 犯罪分子具有本法规定的从重处罚、从轻处罚情节的,应当在法定刑的限度以内判处刑罚。

Article 62 In cases where the circumstances of a crime call for a heavier or lighter punishment under the provisions of this Law, the criminal shall be sentenced to a punishment within the limits of the prescribed punishment.

第六十三条 犯罪分子具有本法规定的减轻处罚情节的,应当在法定刑以下判处刑罚。

Article 63 In cases where the circumstances of a crime call for a mitigated punishment under the provisions of this Law, the criminal shall be sentenced to a punishment less than the prescribed punishment.

犯罪分子虽然不具有本法规定的减轻处罚情节,但是根据案件的特殊情况,经最高人民法院核准,也可以在法定刑以下判处刑罚。

In cases where the circumstances of a crime do not warrant a mitigated punishment under the provisions of this Law, however, in the light of the special circumstances of the case, and upon verification and approval of the Supreme People's Court, the criminal may still be sentenced to a punishment less than the prescribed punishment.

第六十四条 犯罪分子违法所得的一切财物,应当予以追缴或者责令退赔;对被害人的合法财产,应当及时返还;违禁品和供犯罪所用的本人财物,应当予以没收。没收的财物和罚金,一律上缴国库,不得挪用和自行处理。

Article 64 All money and property illegally obtained by a criminal shall be recovered, or compensation shall be or dered; the lawful property of the victim shall be returned without delay; and contrabands and possessions of the criminal that are used in the commission of the crime shall be confiscated. All the confiscated money and property and fines shall be turned over to the State treasury, and no one may misappropriate or privately dispose of them.

第六十五条 被判处有期徒刑以上刑罚的犯罪分子,刑罚执行完毕或者赦免以后,在五年以内再犯应当判处有期徒刑以上刑罚之罪的,是累犯,应当从重处罚,但是过失犯罪除外。

Article 65 If a criminal commits another crime punishable by fixed-term imprisonment or heavier penalty within five years after serving his sentence of not less than fixed-term imprisonment or receiving a pardon, he is a recidivist and shall be given a heavier punishment. However, this shall not apply to cases of negligent crime.

前款规定的期限,对于被假释的犯罪分子,从假释期满之日起计算。

For criminals who are paroled, the period stipulated in the preceding paragraph shall be counted from the date the parole expires.

第六十六条 危害国家安全的犯罪分子在刑罚执行完毕或者赦免以后,在任何时候再犯危害国家安全罪的,都以累犯论处。

Article 66 If a criminal of endangering national security commits the same crime again at any time after serving his sentence or receiving a pardon shall be dealt with as a recidivist.

第三节 自首和立功

SECTION 3 VOLUNTARY SURRENDER AND MERITORIOUS PERFORMANCE

第六十七条 犯罪以后自动投案,如实供述自己的罪行的,是自首。对于自首的犯罪分子,可以从轻或者减轻处罚。其中,犯罪较轻的,可以免除处罚。

Article 67 Voluntary surrender refers to the act of voluntarily delivering oneself up to justice and truthfully confessing one's crime after one has committed the crime. Any criminal who voluntarily surrenders may be given a lighter or mitigated punishment. The ones whose crimes are relatively minor may be exempted from punishment.

被采取强制措施的犯罪嫌疑人、被告人和正在服刑的罪犯,如实供述司法机关还未掌握的本人其他罪行的,以自首论。

If a criminal suspect or a defendent under compulsory measures or a criminal serving a sentence truthfully confesses his other crimes that the judicial organ does not know, his act shall be regarded as voluntary surrender.

第六十八条 犯罪分子有揭发他人犯罪行为,查证属实的,或者提供重要线索,从而得以侦破其他案件等立功表现的,可以从轻或者减轻处罚;有重大立功表现的,可以减轻或者免除处罚。

Article 68 Any criminal who performs such meritorious services as exposing an offence committed by another, which is verified through investigation, or producing important clues for solving other cases may be given a lighter or mitigated punishment. Any criminal who performs major meritorious services may be given a mitigated punishment or be exempted from punishment.

犯罪后自首又有重大立功表现的,应当减轻或者免除处罚。

Any criminal who not only voluntarily surrenders after committing the crime but also performs major meritorious services shall be given a mitigated punishment or be exempted from punishment.

第四节 数罪并罚

SECTION 4 COMBINED PUNISHMENT FOR SEVERAL CRIMES

第六十九条 判决宣告以前一人犯数罪的,除判处死刑和无期徒刑的以外,应当在总和刑期以下、数刑中最高刑期以上,酌情决定执行的刑期,但是管制最高不能超过三年,拘役最高不能超过一年,有期徒刑最高不能超过二十年。

Article 69 For a criminal who commits several crimes before a judgment is pronounced, unless he is sentenced to death or life imprisonment, his term of punishment shall be not more than the total of the terms for all the crimes but not less than the longest of the terms for the crimes, depending on the circumstances of the crimes. However, the term of public surveillance may not exceed the maximum of three years, the term of criminal detention may not exceed the maximum of one year, and fixed- term imprisonment may not exceed the maximum of 20 years.

如果数罪中有判处附加刑的,附加刑仍须执行。

If among the crimes there is any for which a supplementary punishment is imposed, the supplementary punishment shall still be executed.

第七十条 判决宣告以后,刑罚执行完毕以前,发现被判刑的犯罪分子在判决宣告以前还有其他罪没有判决的,应当对新发现的罪作出判决,把前后两个判决所判处的刑罚,依照本法第六十九条的规定,决定执行的刑罚。已经执行的刑期,应当计算在新判决决定的刑期以内。

Article 70 If, after a judgment has been pronounced but before the punishment has been completely executed, it is discovered that before the judgment is pronounced the criminal committed another crime for which he is not sentenced, a judgment shall also be rendered for the newly discovered crime; the punishment to be executed shall be determined on the basis of the punishments imposed in the earlier and latest judgments and according to the provisions of Article 69 of this Law. Any portion of the term that has already been served shall count towards fulfilment of the term imposed by the latest judgment.

第七十一条 判决宣告以后,刑罚执行完毕以前,被判刑的犯罪分子又犯罪的,应当对新犯的罪作出判决,把前罪没有执行的刑罚和后罪所判处的刑罚,依照本法第六十九条的规定,决定执行的刑罚。

Article 71 If, after a judgment has been pronounced but before the punishment has been completely executed, the criminal again commits a crime, another judgment shall be rendered for the newly committed crime; the punishment to be executed shall be determined on the basis of the punishment that remains to be executed for the earlier crime and the punishment imposed for the new crime and according to the provisions of Article 69 of this Law.

第七十二条 对于被判处拘役、三年以下有期徒刑的犯罪分子,根据犯罪分子的犯罪情节和悔罪表现,适用缓刑确实不致再危害社会的,可以宣告缓刑。

Article 72 A suspension of sentence may be granted to a criminal sentenced to criminal detention or to fixed-term imprisonment of not more than three years if, according to the circumstances of his crime and his demonstration of repentance, it is certain that suspension of the sentence will not result in further harm to society.

被宣告缓刑的犯罪分子,如果被判处附加刑,附加刑仍须执行。

If a supplementary punishment is imposed on a criminal whose sentence is suspended, the supplementary punishment shall still be executed.

第七十三条 拘役的缓刑考验期限为原判刑期以上一年以下,但是不能少于二个月。

Article 73 The probation period for suspension of criminal detention shall be not less than the term originally decided but not more than one year, however, it may not be less than two months.

有期徒刑的缓刑考验期限为原判刑期以上五年以下,但是不能少于一年。

The probation period for suspension of fixed-term imprisonment shall be not less than the term originally decided but not more than five years, however, it may not be less than one year.

缓刑考验期限,从判决确定之日起计算。

The probation period for suspension of sentence shall be counted from the date the judgment is made final.

第七十四条 对于累犯,不适用缓刑。

Article 74 Suspension of sentence shall not be applied to recidivists.

第七十五条 被宣告缓刑的犯罪分子,应当遵守下列规定:

Article 75 A criminal whose sentence is suspended shall observe the followings:

(一)遵守法律、行政法规,服从监督;

(1) to observe laws and administrative rules and regulations, and submit to supervision;

(二)按照考察机关的规定报告自己的活动情况;

(2) to report on his own activities as required by the observing organ;

(三)遵守考察机关关于会客的规定;

(3) to observe the regulations for receiving visitors stipulated by the observing organ; and

(四)离开所居住的市、县或者迁居,应当报经考察机关批准。

(4) to report to obtain approval from the observing organ for any departure from the city or county he lives in or for any change in residence.

第七十六条 被宣告缓刑的犯罪分子,在缓刑考验期限内,由公安机关考察,所在单位或者基层组织予以配合,如果没有本法第七十七条规定的情形,缓刑考验期满,原判的刑罚就不再执行,并公开予以宣告。

Article 76 Any criminal whose sentence is suspended shall, during the probation period for suspension of sentence, be subjected to observation by a public security organ with the cooperation of the work unit to which he belongs or of a grass-roots organization, and in the absence of the circumstances prescribed in Article 77 of this Law, the punishment originally decided shall cease to be executed upon the expiration of the probation period for suspension of sentence, which shall be made known publicly.

第七十七条 被宣告缓刑的犯罪分子,在缓刑考验期限内犯新罪或者发现判决宣告以前还有其他罪没有判决的,应当撤销缓刑,对新犯的罪或者新发现的罪作出判决,把前罪和后罪所判处的刑罚,依照本法第六十九条的规定,决定执行的刑罚。

Article 77 If, during the probation period for suspension of sentence, a criminal whose sentence is suspended commits a crime again or it is discovered that before the judgment is pronounced, he has committed another crime for which he is not sentenced, the suspension shall be revoked and another judgment rendered for the newly committed or discovered crime; the punishment to be executed shall be decided on the basis of the punishments for the old crime and the new crime and according to the provisions of Article 69 of this Law.

被宣告缓刑的犯罪分子,在缓刑考验期限内,违反法律、行政法规或者国务院公安部门有关缓刑的监督管理规定,情节严重的,应当撤销缓刑,执行原判刑罚。

If, during the probation period for suspension of sentence, a criminal whose sentence is suspended violates laws, administrative rules and regulations or regulations relating to supervision and control over suspension of sentence stipulated by the department of public security under the State Council and if the circumstances are serious, the suspension shall be revoked and the original punishment shall be executed.

第六节 减刑

SECTION 6 COMMUTATION OF PUNISHMENT

第七十八条 被判处管制、拘役、有期徒刑、无期徒刑的犯罪分子,在执行期间,如果认真遵守监规,接受教育改造,确有悔改表现的,或者有立功表现的,可以减刑;有下列重大立功表现之一的,应当减刑:

Article 78 The punishment of a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may be commuted if, while serving his sentence, he conscientiously observes prison regulations, accepts education and reform through labor and shows true repentance or performs meritorious services; the punishment shall be commuted if a criminal performs any of the following major meritorious services:

(一)阻止他人重大犯罪活动的;

(1) preventing another person from conducting major criminal activities;

(二)检举监狱内外重大犯罪活动,经查证属实的;

(2) informing against major criminal activities conducted inside or outside prison and verified through investigation;

(三)有发明创造或者重大技术革新的;

(3) having inventions or important technical innovations to his credit;

(四)在日常生产、生活中舍己救人的;

(4) coming to the rescue of another in everyday life and production at the risk of losing his own life;

(五)在抗御自然灾害或者排除重大事故中,有突出表现的;

(5) performing remarkable services in fighting against natural disasters or curbing major accidents; or

(六)对国家和社会有其他重大贡献的。

(6) making other major contributions to the country and society.

减刑以后实际执行的刑期,判处管制、拘役、有期徒刑的,不能少于原判刑期的二分之一;判处无期徒刑的,不能少于十年。

After commutation, the term of punishment actually to be served by those sentenced to public surveillance, criminal detention or fixed-term imprisonment may not be less than half of the term originally decided; for those sentenced to life imprisonment, it may not be less than 10 years.

第七十九条 对于犯罪分子的减刑,由执行机关向中级以上人民法院提出减刑建议书。人民法院应当组成合议庭进行审理,对确有悔改或者立功事实的,裁定予以减刑。非经法定程序不得减刑。

Article 79 If punishment to a criminal is to be commuted, the executing organ shall submit to a People's Court at or above the intermediate level a written proposal for commutation of punishment. The People's Court shall form a collegiate panel for examination and, if the criminal is found to have shown true repentance or performed meritorious services, issue an order of commutation. However, no punishment shall be commuted without going through legal procedure.

第八十条 无期徒刑减为有期徒刑的刑期,从裁定减刑之日起计算。

Article 80 A term of fixed-term imprisonment that is commuted from life imprisonment shall be counted from the date the order of commutation is issued.

第八十一条 被判处有期徒刑的犯罪分子,执行原判刑期二分之一以上,被判处无期徒刑的犯罪分子,实际执行十年以上,如果认真遵守监规,接受教育改造,确有悔改表现,假释后不致再危害社会的,可以假释。如果有特殊情况,经最高人民法院核准,可以不受上述执行刑期的限制。

Article 81 A criminal sentenced to fixed-term imprisonment who has served more than half of the term of the original sentence or a criminal sentenced to life imprisonment who has served not less than 10 years of the term may be granted parole if he conscientiously observes prison regulations, accepts education and reform through labor, shows true repentance and will no longer cause harm to society. If special circumstances exist, upon verification and approval of the Supreme People's Court, the above restrictions relating to the term served may be disregarded.

对累犯以及因杀人、爆炸、抢劫、强奸、绑架等暴力性犯罪被判处十年以上有期徒刑、无期徒刑的犯罪分子,不得假释。

No parole shall be granted to recidivists or criminals who are sentenced to more than 10 years of imprisonment or life imprisonment for crimes of violence such as homicide, explosion, robbery, rape and kidnap.

第八十二条 对于犯罪分子的假释,依照本法第七十九条规定的程序进行。非经法定程序不得假释。

Article 82 Parole shall be granted to a criminal through the procedure prescribed in Article 79 of this Law. No parole shall be granted without going through legal procedure.

第八十三条 有期徒刑的假释考验期限,为没有执行完毕的刑期;无期徒刑的假释考验期限为十年。

Article 83 The probation period for parole in the case of fixed-term imprisonment shall be equal to the portion of the term that has not been completed; the probation period for parole in the case of life imprisonment shall be 10 years.

假释考验期限,从假释之日起计算。

The probation period for parole shall be counted from the date the criminal is released on parole.

第八十四条 被宣告假释的犯罪分子,应当遵守下列规定:

Article 84 Any criminal who is granted parole shall observe the following:

(一)遵守法律、行政法规,服从监督;

(1) observe laws and administrative rules and regulations, and submit to supervision;

(二)按照监督机关的规定报告自己的活动情况;

(2) report on his own activities as required by the supervising organ;

(三)遵守监督机关关于会客的规定;

(3) observe the regulations for receiving visitors stipulated by the supervising organ; and

(四)离开所居住的市、县或者迁居,应当报经监督机关批准。

(4) report to obtain approval from the supervising organ for any departure from the city or county he lives in or for any change in residence.

第八十五条 被假释的犯罪分子,在假释考验期限内,由公安机关予以监督,如果没有本法第八十六条规定的情形,假释考验期满,就认为原判刑罚已经执行完毕,并公开予以宣告。

Article 85 Any criminal who is granted parole shall be subject to supervision by a public security organ during the probation period for parole. If he is not found in any of the circumstances prescribed in Article 86 of this Law, the punishment originally decided shall be considered executed upon the expiration of the probation period for parole, which shall be made known publicly.

第八十六条 被假释的犯罪分子,在假释考验期限内犯新罪,应当撤销假释,依照本法第七十一条的规定实行数罪并罚。

Article 86 If a criminal who is granted parole commits another crime during the probation period for parole, the parole shall be revoked, and he shall be given a combined punishment for several crimes as provided in Article 71 of this Law.

在假释考验期限内,发现被假释的犯罪分子在判决宣告以前还有其他罪没有判决的,应当撤销假释,依照本法第七十条的规定实行数罪并罚。

If a criminal who is granted parole is discovered to have committed, before the judgment is pronounced, other crimes for which no punishment is imposed, the parole shall be revoked and a combined punishment for several crimes shall be given according to the provisions of Article 70 of this Law.

被假释的犯罪分子,在假释考验期限内,有违反法律、行政法规或者国务院公安部门有关假释的监督管理规定的行为,尚未构成新的犯罪的,应当依照法定程序撤销假释,收监执行未执行完毕的刑罚。

If a criminal who is granted parole, during the probation period for parole, violates laws, administrative rules and regulations or other regulations relating to supervision and control over parole stipulated by the department of public security under the State Council but the violation does not constitute a new crime, the parole shall be revoked in accordance with legal procedure and he shall be put back into prison to serve the remaining part of criminal punishment.

第八十七条 犯罪经过下列期限不再追诉:

Article 87 Crimes shall not be prosecuted if the following periods have elapsed:

(一)法定最高刑为不满五年有期徒刑的,经过五年;

(1) five years, when the maximum punishment prescribed is fixed-term imprisonment of less than five years;

(二)法定最高刑为五年以上不满十年有期徒刑的,经过十年;

(2) 10 years, when the maximum punishment prescribed is fixed-term imprisonment of not less than five years but less than 10 years;

(三)法定最高刑为十年以上有期徒刑的,经过十五年;

(3) 15 years, when the maximum punishment prescribed is fixed-term imprisonment of not less than 10 years; and

(四)法定最高刑为无期徒刑、死刑的,经过二十年。如果二十年以后认为必须追诉的,须报请最高人民检察院核准。

(4) 20 years, when the maximum punishment prescribed is life imprisonment or death penalty. If after 20 years it is considered necessary to prosecute a crime, the matter shall be submitted to the Supreme People's Procuratorate for examination and approval.

第八十八条 在人民检察院、公安机关、国家安全机关立案侦查或者在人民法院受理案件以后,逃避侦查或者审判的,不受追诉期限的限制。

Article 88 No limitation on the period for prosecution shall be imposed with respect to a criminal who escapes from investigation or trial after a People's Procuratorate, public security organ or national security organ files the case or a People's Court accepts the case.

被害人在追诉期限内提出控告,人民法院、人民检察院、公安机关应当立案而不予立案的,不受追诉期限的限制。

No limitation on the period for prosecution shall be imposed with respect to a case which should have been but is not filed by a People's Court, People's Procuratorate or public security organ after the victim brings a charge within the period for prosecution.

第八十九条 追诉期限从犯罪之日起计算;犯罪行为有连续或者继续状态的,从犯罪行为终了之日起计算。

Article 89 The limitation period for prosecution shall be counted from the date the crime is committed; if the criminal act is of a continual or continuous nature, it shall be counted from the date the criminal act is terminated.

在追诉期限以内又犯罪的,前罪追诉的期限从犯后罪之日起计算。

If further crime is committed during a limitation period for prosecution, the limitation period for prosecution of the old crime shall be counted from the date the new crime is committed.

第九十条 民族自治地方不能全部适用本法规定的,可以由自治区或者省的人民代表大会根据当地民族的政治、经济、文化的特点和本法规定的基本原则,制定变通或者补充的规定,报请全国人民代表大会常务委员会批准施行。

Article 90 Where the provisions of this Law cannot be completely applied in national autonomous areas, the people's congresses of the autonomous regions or the provinces concerned may formulate adaptive or supplementary provisions on the basis of the political, economic and cultural characteristics of the local ethnic groups and the basic principles stipulated in this Law, and these provisions shall go into effect after they have been submitted to and approved by the Standing Committee of the National People's Congress.

第九十一条 本法所称公共财产,是指下列财产:

Article 91 "Public property" as mentioned in this Law refers to the following;

(一)国有财产;

(1) property owned by the State;

(二)劳动群众集体所有的财产;

(2) property owned collectively by working people; and

(三)用于扶贫和其他公益事业的社会捐助或者专项基金的财产。

(3) public donations or special funds used for elimination of poverty or for other public welfare undertakings.

在国家机关、国有公司、企业、集体企业和人民团体管理、使用或者运输中的私人财产,以公共财产论。

Private property that is being managed, used or transported by State organs, State-owned companies and enterprises, or enterprises owned by collectives, or people's organizations shall be treated as public property.

第九十二条 本法所称公民私人所有的财产,是指下列财产:

Article 92 "Citizens' privately owned property" as mentioned in this Law refers to the following;

(一)公民的合法收入、储蓄、房屋和其他生活资料;

(1) citizens' lawful earnings, savings, houses and other means of subsistence;

(二)依法归个人、家庭所有的生产资料;

(2) any means of production that is under private or family ownership according to law;

(三)个体户和私营企业的合法财产;

(3) property lawfully owned by self-employed workers or private enterprises; and

(四)依法归个人所有的股份、股票、债券和其他财产。

(4) shares, stocks, bonds and other property that are under private ownership according to law.

第九十三条 本法所称国家工作人员,是指国家机关中从事公务的人员。

Article 93 "State functionaries" as mentioned in this Law refers to persons who perform public service in State organs.

国有公司、企业、事业单位、人民团体中从事公务的人员和国家机关、国有公司、企业、事业单位委派到非国有公司、企业、事业单位、社会团体从事公务的人员,以及其他依照法律从事公务的人员,以国家工作人员论。

Persons who perform public service in State-owned companies or, enterprises, institutions or people's organizations, persons who are assigned by State organs, State-owned companies, enterprises or institutions to companies, enterprises or institutions that are not owned by the State or people's organizations to perform public service and the other persons who perform public service according to law shall all be regarded as State functionaries.

第九十四条 本法所称司法工作人员,是指有侦查、检察、审判、监管职责的工作人员。

Article 94 "Judicial officers" as mentioned in this Law refers to persons who exercise the functions of investigation, prosecution, adjudication and supervision and control.

第九十五条 本法所称重伤,是指有下列情形之一的伤害:

Article 95 "Serious injuries" as mentioned in this Law refers to any of the following:

(一)使人肢体残废或者毁人容貌的;

(1) injuries resulting in a person's disability or disfigurement;

(二)使人丧失听觉、视觉或者其他器官机能的;

(2) injuries resulting in a person's loss of his hearing, sight or the function of any other organ; or

(三)其他对于人身健康有重大伤害的。

(3) other injuries that cause grave harm to a person's physical health.

第九十六条 本法所称违反国家规定,是指违反全国人民代表大会及其常务委员会制定的法律和决定,国务院制定的行政法规、规定的行政措施、发布的决定和命令。

Article 96 "Violation of State regulations" as mentioned in this Law refers to violation of the laws enacted or decisions made by the National People's Congress or its Standing Committee and the administrative rules and regulations formulated, the administrative measures adopted and the decisions or orders promulgated by the State Council.

第九十七条 本法所称首要分子,是指在犯罪集团或者聚众犯罪中起组织、策划、指挥作用的犯罪分子。

Article 97 "Ringleader" as mentioned in this Law refers to any criminal who plays the role of organizing, plotting or directing in a crime committed by a criminal group or a crowd.

第九十八条 本法所称告诉才处理,是指被害人告诉才处理。如果被害人因受强制、威吓无法告诉的,人民检察院和被害人的近亲属也可以告诉。

Article 98 "To be handled only upon complaint" as mentioned in this Law means that a case shall only be handled if the victim brings a complaint. However, if the victim is unable to bring a complaint because of coercion or intimidation, a People's Procuratorate or a close relative of the victim may bring a complaint.

第九十九条 本法所称以上、以下、以内,包括本数。

Article 99 "Not less than", "not more than" and "within" as used in this Law all include the given figure.

第一百条 依法受过刑事处罚的人,在入伍、就业的时候,应当如实向有关单位报告自己曾受过刑事处罚,不得隐瞒。

Article 100 Anyone who has been subjected to criminal punishment shall, before being recruited in the army or employed, report to the unit concerned about the fact; he may not conceal it.

第一百零一条 本法总则适用于其他有刑罚规定的法律,但是其他法律有特别规定的除外。

Article 101 The General Provisions of this Law shall be applicable to other laws with provisions for criminal punishments, unless otherwise specifically provided for in those laws.

第一章 危害国家安全罪

CHAPTER I CRIMES OF ENDANGERING NATIONAL SECURITY

第一百零二条 勾结外国,危害中华人民共和国的主权、领土完整和安全的,处无期徒刑或者十年以上有期徒刑。

Article 102 Whoever colludes with a foreign State to endanger the sovereignty, territorial integrity and security of the People's Republic of China shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years.

与境外机构、组织、个人相勾结,犯前款罪的,依照前款的规定处罚。

Whoever commits the crime prescribed in the preceding paragraph in collusion with any organ, organization or individual outside the territory of China shall be punished according to the provisions in the preceding paragraph.

第一百零三条 组织、策划、实施分裂国家、破坏国家统一的,对首要分子或者罪行重大的,处无期徒刑或者十年以上有期徒刑;对积极参加的,处三年以上十年以下有期徒刑;对其他参加的,处三年以下有期徒刑、拘役、管制或者剥夺政治权利。

Article 103 Among those who organize, plot or carry out the scheme of splitting the State or undermining unity of the country, the ringleaders and the others who commit major crimes shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; the ones who take an active part in it shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; and the other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

煽动分裂国家、破坏国家统一的,处五年以下有期徒刑、拘役、管制或者剥夺政治权利;首要分子或者罪行重大的,处五年以上有期徒刑。

Whoever incites others to split the State or undermine unity of the country shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; the ringleaders and the ones who commit major crimes shall be sentenced to fixed-term imprisonment of not less than five years.

第一百零四条 组织、策划、实施武装叛乱或者武装暴乱的,对首要分子或者罪行重大的,处无期徒刑或者十年以上有期徒刑;对积极参加的,处三年以上十年以下有期徒刑;对其他参加的,处三年以下有期徒刑、拘役、管制或者剥夺政治权利。

Article 104 Among those who organize, plot or carry out armed rebellion or armed riot, the ringleaders and the others who commit major crimes shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; the ones who take an active part in it shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; and the other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

策动、胁迫、勾引、收买国家机关工作人员、武装部队人员、人民警察、民兵进行武装叛乱或者武装暴乱的,依照前款的规定从重处罚。

Whoever instigates, coerces, lures or bribes State functionaries or members of the armed forces, the people's police or the people's militia to commit armed rebellion or armed riot shall be given a heavier punishment according to the provisions in the preceding paragraph.

第一百零五条 组织、策划、实施颠覆国家政权、推翻社会主义制度的,对首要分子或者罪行重大的,处无期徒刑或者十年以上有期徒刑;对积极参加的,处三年以上十年以下有期徒刑;对其他参加的,处三年以下有期徒刑、拘役、管制或者剥夺政治权利。

Article 105 Among those who organize, plot or carry out the scheme of subverting the State power or overthrowing the socialist system, the ringleaders and the others who commit major crimes shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; the ones who take an active part in it shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; and the other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

以造谣、诽谤或者其他方式煽动颠覆国家政权、推翻社会主义制度的,处五年以下有期徒刑、拘役、管制或者剥夺政治权利;首要分子或者罪行重大的,处五年以上有期徒刑。

Whoever incites others by spreading rumors or slanders or any other means to subvert the State power or overthrow the socialist system shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; and the ringleaders and the others who commit major crimes shall be sentenced to fixed-term imprisonment of not less than five years.

第一百零六条 与境外机构、组织、个人相勾结,实施本章第一百零三条、第一百零四条、第一百零五条规定之罪的,依照各该条的规定从重处罚。

Article 106 Whoever commits the crime as prescribed in Article 103, 104 or 105 of this Chapter in collusion with any organ, organization or individual outside the territory of China shall be given a heavier punishment according to the provisions stipulated in these Articles respectively.

第一百零七条 境内外机构、组织或者个人资助境内组织或者个人实施本章第一百零二条、第一百零三条、第一百零四条、第一百零五条规定之罪的,对直接责任人员,处五年以下有期徒刑、拘役、管制或者剥夺政治权利;情节严重的,处五年以上有期徒刑。

Article 107 Where an organ, organization or individual inside or outside of the territory of China provides funds to any organization or individual within the territory of China to commit the crime as prescribed in Article 102, 103, 104 or 105, the person who is directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years.

第一百零八条 投敌叛变的,处三年以上十年以下有期徒刑;情节严重或者带领武装部队人员、人民警察、民兵投敌叛变的,处十年以上有期徒刑或者无期徒刑。

Article 108 Whoever defects to the enemy and turns traitor shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; if the circumstances are serious or if he leads members of the armed forces, the people's police or the people's militia to defect to the enemy and turn traitor, he shall be sentenced to fixed- term imprisonment of not less than 10 years or life imprisonment.

第一百零九条 国家机关工作人员在履行公务期间,擅离岗位,叛逃境外或者在境外叛逃,危害中华人民共和国国家安全的,处五年以下有期徒刑、拘役、管制或者剥夺政治权利;情节严重的,处五年以上十年以下有期徒刑。

Article 109 Any State functionary who, while discharging his official duties at home or abroad, leaves his post without permission and defects to another country, which endangers the security of the People's Republic of China, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

掌握国家秘密的国家工作人员犯前款罪的,依照前款的规定从重处罚。

Any State functionary who has State secrets commits the crime as prescribed in the preceding paragraph shall be given a heavier punishment according to the provisions in the preceding paragraph.

第一百一十条 有下列间谍行为之一,危害国家安全的,处十年以上有期徒刑或者无期徒刑;情节较轻的,处三年以上十年以下有期徒刑:

Article 110 Whoever endangers national security by committing any of the following acts of espionage shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; if the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years:

(一)参加间谍组织或者接受间谍组织及其代理人的任务的;

(1) joining an espionage organization or accepting a mission assigned by the organization or its agent; or

(二)为敌人指示轰击目标的。

(2) directing the enemy to any bombing or shelling target.

第一百一十一条 为境外的机构、组织、人员窃取、刺探、收买、非法提供国家秘密或者情报的,处五年以上十年以下有期徒刑;情节特别严重的,处十年以上有期徒刑或者无期徒刑;情节较轻的,处五年以下有期徒刑、拘役、管制或者剥夺政治权利。

Article 111 Whoever steals, spies into, buys or unlaw-fully supplies State secrets or intelligence for an organ, organization or individual outside the territory of China shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; if the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

第一百一十二条 战时供给敌人武器装备、军用物资资敌的,处十年以上有期徒刑或者无期徒刑;情节较轻的,处三年以上十年以下有期徒刑。

Article 112 Whoever aids the enemy during wartime by providing him with weapons and equipment or military materials shall be sentenced to fixed- term imprisonment of not less than 10 years or life imprisonment; if the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

第一百一十三条 本章上述危害国家安全罪行中,除第一百零三条第二款、第一百零五条、第一百零七条、第一百零九条外,对国家和人民危害特别严重、情节特别恶劣的,可以判处死刑。

Article 113 Whoever commits any of the crimes of endangering national security as mentioned above in this Chapter, with the exception of those provided for in Paragraph 2 of Article 103 and in Articles 105, 107 and 109, if the crime causes particularly grave harm to the State and the people or if the circumstances are especially serious, may be sentenced to death.

犯本章之罪的,可以并处没收财产。

Whoever commits any of the crimes mentioned in this Chapter may concurrently be sentenced to confiscation of property.

第二章 危害公共安全罪

CHAPTER II CRIMES OF ENDANGERING PUBLIC SECURITY

第一百一十四条 放火、决水、爆炸、投毒或者以其他危险方法破坏工厂、矿场、油田、港口、河流、水源、仓库、住宅、森林、农场、谷场、牧场、重要管道、公共建筑物或者其他公私财产,危害公共安全,尚未造成严重后果的,处三年以上十年以下有期徒刑。

Article 114 Whoever commits arson, breaches a dike, causes explosion, spreads poison or uses other dangerous means to sabotage any factory, mine, oilfield, harbour, river, water source, warehouse, house, forest, farm, threshing ground, pasture, key pipeline, public building or any other public or private property, thereby endangering public security but causing no serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

第一百一十五条 放火、决水、爆炸、投毒或者以其他危险方法致人重伤、死亡或者使公私财产遭受重大损失的,处十年以上有期徒刑、无期徒刑或者死刑。

Article 115 Whoever commits arson, breaches a dike, causes explosion, spreads poison or inflicts serious injury or death on people or causes heavy losses of public or private property by other dangerous means, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.





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