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中华人民共和国刑法中英文对照

发布日期:2017-11-14

中华人民共和国刑法

  CRIMINAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA

  第一编 总则

  PART ONE GENERAL PROVISIONS

  第一章 刑法的任务、基本原则和适用范围

  CHAPTER I THE AIM, BASIC PRINCIPLES AND SCOPE OF APPLICATION OF THE

  第一条 为了惩罚犯罪,保护人民,根据宪法,结合我国同犯罪作斗争的具体经验及实际情况,制定本法。

  Article 1 In order to punish crimes and protect the people, this Law is enacted on the basis of the Constitution and in the light of the concrete experiences and actual circumstances in China's fight against crimes.

  第二条 中华人民共和国刑法的任务,是用刑罚同一切犯罪行为作斗争,以保卫国家安全,保卫人民民主专政的政权和社会主义制度,保护国有财产和劳动群众集体所有的财产,保护公民私人所有的财产,保护公民的人身权利、民主权利和其他权利,维护社会秩序、经济秩序,保障社会主义建设事业的顺利进行。

  Article 2 The aim of the Criminal Law of the People's Republic of China is to use criminal punishments to fight against all criminal acts in order to safeguard security of the State, to defend the State power of the people's democratic dictatorship and the socialist system, to protect property owned by the State, and property collectively owned by the working people and property privately owned by citizens, to protect citizens' rights of the person and their democratic and other rights, to maintain public and economic order, and to ensure the smooth progress of socialist construction.

  第三条 法律明文规定为犯罪行为的,依照法律定罪处刑;法律没有明文规定为犯罪行为的,不得定罪处刑。

  Article 3 For acts that are explicitly defined as criminal acts in law, the offenders shall be convicted and punished in accordance with law; otherwise, they shall not be convicted or punished.

  第四条 对任何人犯罪,在适用法律上一律平等。不允许任何人有超越法律的特权。

  Article 4 The law shall be equally applied to anyone who commits a crime. No one shall have the privilege of transcending the law.

  第五条 刑罚的轻重,应当与犯罪分子所犯罪行和承担的刑事责任相适应。

  Article 5 The degree of punishment shall be commensurate with the crime committed and the criminal responsibility to be borne by the offender.

  第六条 凡在中华人民共和国领域内犯罪的,除法律有特别规定的以外,都适用本法。

  Article 6 This Law shall be applicable to anyone who commits a crime within the territory and territorial waters and space of the People's republic of China, except as otherwise specifically provided by law.

  凡在中华人民共和国船舶或者航空器内犯罪的,也适用本法。

  This Law shall also be applicable to anyone who commits a crime on board a ship or aircraft of the People's Republic of China.

  犯罪的行为或者结果有一项发生在中华人民共和国领域内的,就认为是在中华人民共和国领域内犯罪。

  If a criminal act or its consequence takes place within the territory or territorial waters or space of the People's Republic of China, the crime shall be deemed to have been committed within the territory and territorial waters and space of the People's Republic of China.

  第七条 中华人民共和国公民在中华人民共和国领域外犯本法规定之罪的,适用本法,但是按本法规定的最高刑为三年以下有期徒刑的,可以不予追究。

  Article 7 This Law shall be applicable to any citizen of the People's Republic of China who commits a crime prescribed in this Law outside the territory and territorial waters and space of the People's Republic of China; however, if the maximum punishment to be imposed is fixed-term imprisonment of not more than three years as stipulated in this Law, he may be exempted from the investigation for his criminal responsibility.

  中华人民共和国国家工作人员和军人在中华人民共和国领域外犯本法规定之罪的,适用本法。

  This Law shall be applicable to any State functionary or serviceman who commits a crime prescribed in this Law outside the territory and territorial waters and space of the People's Republic of China.

  第八条 外国人在中华人民共和国领域外对中华人民共和国国家或者公民犯罪,而按本法规定的最低刑为三年以上有期徒刑的,可以适用本法,但是按照犯罪地的法律不受处罚的除外。

  Article 8 This Law may be applicable to any foreigner who commits a crime outside the territory and territorial waters and space of the People's Republic of China against the State of the People's Republic of China or against any of its citizens, if for that crime this Law prescribes a minimum punishment of fixed-term imprisonment of not less than three years; however, this does not apply to a crime that is not punishable according to the laws of the place where it is committed.

  第九条 对于中华人民共和国缔结或者参加的国际条约所规定的罪行,中华人民共和国在所承担条约义务的范围内行使刑事管辖权的,适用本法。

  Article 9 This Law shall be applicable to crimes which are stipulated in international treaties concluded or acceded to by the People's Republic of China and over which the People's Republic of China exercises criminal jurisdiction within the scope of obligations, prescribed in these treaties, it agrees to perform.

  第十条 凡在中华人民共和国领域外犯罪,依照本法应当负刑事责任的,虽然经过外国审判,仍然可以依照本法追究,但是在外国已经受过刑罚处罚的,可以免除或者减轻处罚。

  Article 10 Any person who commits a crime outside the territory and territorial waters and space of the People's Republic of China, for which according to this Law he should bear criminal responsibility, may still be investigated for his criminal responsibility according to this Law, even if he has already been tried in a foreign country. However, if he has already received criminal punishment in the foreign country, he may be exempted from punishment or given a mitigated punishment.

  第十一条 享有外交特权和豁免权的外国人的刑事责任,通过外交途径解决。

  Article 11 The criminal responsibility of foreigners who enjoy diplomatic privileges and immunities shall be solved through diplomatic channels.

  第十二条 中华人民共和国成立以后本法施行以前的行为,如果当时的法律不认为是犯罪的,适用当时的法律;如果当时的法律认为是犯罪的,依照本法总则第四章第八节的规定应当追诉的,按照当时的法律追究刑事责任,但是如果本法不认为是犯罪或者处刑较轻的,适用本法。

  Article 12 If an act committed after the founding of the People's Republic of China and before the entry into force of this Law was not deemed a crime under the laws at the time, those laws shall apply. If the act was deemed a crime under the laws in force at the time and is subject to prosecution under the provisions of Section 8, Chapter IV of the General Provisions of this Law, criminal responsibility shall be investigated in accordance with those laws. However, if according to this Law the act is not deemed a crime or is subject to a lighter punishment, this Law shall apply.

  本法施行以前,依照当时的法律已经作出的生效判决,继续有效。

  Before the entry into force of this Law, any judgment that has been made and has become effective according to the laws at the time shall remain valid.

  第一节 犯罪和刑事责任

  SECTION 1 CRIMES AND CRIMINAL RESPONSIBILITY

  第十三条 一切危害国家主权、领土完整和安全,分裂国家、颠覆人民民主专政的政权和推翻社会主义制度,破坏社会秩序和经济秩序,侵犯国有财产或者劳动群众集体所有的财产,侵犯公民私人所有的财产,侵犯公民的人身权利、民主权利和其他权利,以及其他危害社会的行为,依照法律应当受刑罚处罚的,都是犯罪,但是情节显著轻微危害不大的,不认为是犯罪。

  Article 13 A crime refers to an act that endangers the sovereignty, territorial integrity and security of the State, splits the State, subverts the State power of the people's democratic dictatorship and overthrows the socialist system, undermines public and economic order, violates State-owned property, property collectively owned by the working people, or property privately owned by citizens, infringes on the citizens' rights of the person, their democratic or other rights, and any other act that endangers society and is subject to punishment according to law. However, if the circumstances are obviously minor and the harm done is not serious, the act shall not be considered a crime.

  第十四条 明知自己的行为会发生危害社会的结果,并且希望或者放任这种结果发生,因而构成犯罪的,是故意犯罪。

  Article 14 An intentional crime refers to an act committed by a person who clearly knows that his act will entail harmful consequences to society but who wishes or allows such consequences to occur, thus constituting a crime.

  故意犯罪,应当负刑事责任。

  Criminal responsibility shall be borne for intentional crimes.

  第十五条 应当预见自己的行为可能发生危害社会的结果,因为疏忽大意而没有预见,或者已经预见而轻信能够避免,以致发生这种结果的,是过失犯罪。

  Article 15 A negligent crime refers to an act committed by a person who should have foreseen that his act would possibly entail harmful consequences to society but who fails to do so through his negligence or, having foreseen the consequences, readily believes that they can be avoided, so that the consequences do occur.

  过失犯罪,法律有规定的才负刑事责任。

  Criminal responsibility shall be borne for negligent crimes only when the law so provides.

  第十六条 行为在客观上虽然造成了损害结果,但是不是出于故意或者过失,而是由于不能抗拒或者不能预见的原因所引起的,不是犯罪。

  Article 16 An act is not a crime if it objectively results in harmful consequences due to irresistible or unforeseeable causes rather than intent or negligence.

  第十七条 已满十六周岁的人犯罪,应当负刑事责任。

  Article 17 If a person who has reached the age of 16 commits a crime, he shall bear criminal responsibility.

  已满十四周岁不满十六周岁的人,犯故意杀人、故意伤害致人重伤或者死亡、强奸、抢劫、贩卖毒品、放火、爆炸、投毒罪的,应当负刑事责任。

  If a person who has reached the age of 14 but not the age of 16 commits intentional homicide, intentionally hurts another person so as to cause serious injury or death of the person, or commits rape, robbery, drug- trafficking, arson, explosion or poisoning, he shall bear criminal responsibility.

  已满十四周岁不满十八周岁的人犯罪,应当从轻或者减轻处罚。

  If a person who has reached the age of 14 but not the age of 18 commits a crime, he shall be given a lighter or mitigated punishment.

  因不满十六周岁不予刑事处罚的,责令他的家长或者监护人加以管教;在必要的时候,也可以由政府收容教养。

  If a person is not given criminal punishment because he has not reached the age of 16, the head of his family or his guardian shall be ordered to discipline him. When necessary, he may be taken in by the government for rehabilitation.

  第十八条 精神病人在不能辨认或者不能控制自己行为的时候造成危害结果,经法定程序鉴定确认的,不负刑事责任,但是应当责令他的家属或者监护人严加看管和医疗;在必要的时候,由政府强制医疗。

  Article 18 If a mental patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility, but his family members or guardian shall be ordered to keep him under strict watch and control and arrange for his medical treatment. When necessary, the government may compel him to receive medical treatment.

  间歇性的精神病人在精神正常的时候犯罪,应当负刑事责任。

  Any person whose mental illness is of an intermittent nature shall bear criminal responsibility if he commits a crime when he is in a normal mental state.

  尚未完全丧失辨认或者控制自己行为能力的精神病人犯罪的,应当负刑事责任,但是可以从轻或者减轻处罚。

  If a mental patient who has not completely lost the ability of recognizing or controlling his own conduct commits a crime, he shall bear criminal responsibility; however, he may be given a lighter or mitigated punishment.

  醉酒的人犯罪,应当负刑事责任。

  Any intoxicated person who commits a crime shall bear criminal responsibility.

  第十九条 又聋又哑的人或者盲人犯罪,可以从轻、减轻或者免除处罚。

  Article 19 Any deaf-mute or blind person who commits a crime may be given a lighter or mitigated punishment or be exempted from punishment.

  第二十条 为了使国家、公共利益、本人或者他人的人身、财产和其他权利免受正在进行的不法侵害,而采取的制止不法侵害的行为,对不法侵害人造成损害的,属于正当防卫,不负刑事责任。

  Article 20 An act that a person commits to stop an unlawful infringement in order to prevent the interests of the State and the public, or his own or other person's rights of the person, property or other rights from being infringed upon by the on-going infringement, thus harming the perpetrator, is justifiable defence, and he shall not bear criminal responsibility.

  正当防卫明显超过必要限度造成重大损害的,应当负刑事责任,但是应当减轻或者免除处罚。

  If a person's act of justifiable defence obviously exceeds the limits of necessity and causes serious damage, he shall bear criminal responsibility; however, he shall be given a mitigated punishment or be exempted from punishment.

  对正在进行行凶、杀人、抢劫、强奸、绑架以及其他严重危及人身安全的暴力犯罪,采取防卫行为,造成不法侵害人伤亡的,不属于防卫过当,不负刑事责任。

  If a person acts in defence against an on-going assault, murder, robbery, rape, kidnap or any other crime of violence that seriously endangers his personal safety, thus causing injury or death to the perpetrator of the unlawful act, it is not undue defence, and he shall not bear criminal responsibility.

  第二十一条 为了使国家、公共利益、本人或者他人的人身、财产和其他权利免受正在发生的危险,不得已采取的紧急避险行为,造成损害的,不负刑事责任。

  Article 21 If a person is compelled to commit an act in an emergency to avert an immediate danger to the interests of the State or the public, or his own or another person's rights of the person, property or other rights, thus causing damage, he shall not bear criminal responsibility.

  紧急避险超过必要限度造成不应有的损害的,应当负刑事责任,但是应当减轻或者免除处罚。

  If the act committed by a person in an emergency to avert danger exceeds the limits of necessity and causes undue damage, he shall bear criminal responsibility; however, he shall be given a mitigated punishment or be exempted from punishment.

  第一款中关于避免本人危险的规定,不适用于职务上、业务上负有特定责任的人。

  The provisions of the first paragraph of this Article with respect to averting danger to oneself shall not apply to a person who is charged with special responsibility in his post or profession.

  第二节 犯罪的预备、未遂和中止

  SECTION 2 PREPARATION FOR A CRIME, CRIMINAL ATTEMPT AND DISCONTINUATION

  第二十二条 为了犯罪,准备工具、制造条件的,是犯罪预备。

  Article 22 Preparation for a crime refers to the preparation of the instruments or the creation of the conditions for a crime.

  对于预备犯,可以比照既遂犯从轻、减轻处罚或者免除处罚。

  An offender who prepares for a crime may, in comparison with one who completes the crime, be given a lighter or mitigated punishment or be exempted from punishment.

  第二十三条 已经着手实行犯罪,由于犯罪分子意志以外的原因而未得逞的,是犯罪未遂。

  Article 23 A criminal attempt refers to a case where an offender has already started to commit a crime but is prevented from completing it for reasons independent of his will.

  对于未遂犯,可以比照既遂犯从轻或者减轻处罚。

  An offender who attempts to commit a crime may, in comparison with one who completes the crime, be given a lighter or mitigated punishment.

  第二十四条 在犯罪过程中,自动放弃犯罪或者自动有效地防止犯罪结果发生的,是犯罪中止。

  Article 24 Discontinuation of a crime refers to a case where, in the course of committing a crime, the offender voluntarily discontinues the crime or voluntarily and effectively prevents the consequences of the crime from occurring.

  对于中止犯,没有造成损害的,应当免除处罚;造成损害的,应当减轻处罚。

  An offender who discontinues a crime shall, if no damage is caused, be exempted from punishment or, if any damage is caused, be given a mitigated punishment.

  第二十五条 共同犯罪是指二人以上共同故意犯罪。

  Article 25 A joint crime refers to an intentional crime committed by two or more persons jointly.

  二人以上共同过失犯罪,不以共同犯罪论处;应当负刑事责任的,按照他们所犯的罪分别处罚。

  A negligent crime committed by two or more persons jointly shall not be punished as a joint crime; however, those who should bear criminal responsibility shall be individually punished according to the crimes they have committed.

  第二十六条 组织、领导犯罪集团进行犯罪活动的或者在共同犯罪中起主要作用的,是主犯。

  Article 26 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.

  三人以上为共同实施犯罪而组成的较为固定的犯罪组织,是犯罪集团。

  A criminal group refers to a relatively stable criminal organization formed by three or more persons for the purpose of committing crimes jointly.

  对组织、领导犯罪集团的首要分子,按照集团所犯的全部罪行处罚。

  Any ringleader who organizes or leads a criminal group shall be punished on the basis of all the crimes that the criminal group has committed.

  对于第三款规定以外的主犯,应当按照其所参与的或者组织、指挥的全部犯罪处罚。

  Any principal criminal not included in Paragraph 3 shall be punished on the basis of all the crimes that he participates in or that he organizes or directs.

  第二十七条 在共同犯罪中起次要或者辅助作用的,是从犯。

  Article 27 An accomplice refers to any person who plays a secondary or auxiliary role in a joint crime.

  对于从犯,应当从轻、减轻处罚或者免除处罚。

  An accomplice shall be given a lighter or mitigated punishment or be exempted from punishment.

  第二十八条 对于被胁迫参加犯罪的,应当按照他的犯罪情节减轻处罚或者免除处罚。

  Article 28 Anyone who is coerced to participate in a crime shall be given a mitigated punishment or be exempted from punishment in the light of the circumstances of the crime he commits.

  第二十九条 教唆他人犯罪的,应当按照他在共同犯罪中所起的作用处罚。教唆不满十八周岁的人犯罪的,应当从重处罚。

  Article 29 Anyone who instigates another to commit a crime shall be punished according to the role he plays in a joint crime. Anyone who instigates a person under the age of 18 to commit a crime shall be given a heavier punishment.

  如果被教唆的人没有犯被教唆的罪,对于教唆犯,可以从轻或者减轻处罚。

  If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.

  第四节 单位犯罪

  SECTION 4 CRIMES COMMITTED BY A UNIT

  第三十条 公司、企业、事业单位、机关、团体实施的危害社会的行为,法律规定为单位犯罪的,应当负刑事责任。

  Article 30 Any company, enterprise, institution, State organ, or organization that commits an act that endangers society, which is prescribed by law as a crime committed by a unit, shall bear criminal responsibility.

  第三十一条 单位犯罪的,对单位判处罚金,并对其直接负责的主管人员和其他直接责任人员判处刑罚。本法分则和其他法律另有规定的,依照规定。

  Article 31 Where a unit commits a crime, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be given criminal punishment. Where it is otherwise provided for in the Specific Provisions of this Law or in other laws, those provisions shall prevail.

  第三十二条 刑罚分为主刑和附加刑。

  Article 32 Punishments are divided into principal punishments and supplementary punishments.

  第三十三条 主刑的种类如下:

  Article 33 The principal punishments are as follows:

  (一)管制;

  (1) public surveillance;

  (二)拘役;

  (2) criminal detention;

  (三)有期徒刑;

  (3) fixed-term imprisonment;

  (四)无期徒刑;

  (4) life imprisonment; and

  (五)死刑。

  (5) the death penalty.

  第三十四条 附加刑的种类如下:

  Article 34 The supplementary punishments are as follows:

  (一)罚金;

  (1) fine;

  (二)剥夺政治权利;

  (2) deprivation of political rights; and

  (三)没收财产。

  (3) confiscation of property.

  附加刑也可以独立适用。

  Supplementary punishments may be imposed independently.

  第三十五条 对于犯罪的外国人,可以独立适用或者附加适用驱逐出境。

  Article 35 Deportation may be imposed independently or supplementarily to a foreigner who commits a crime.

  第三十六条 由于犯罪行为而使被害人遭受经济损失的,对犯罪分子除依法给予刑事处罚外,并应根据情况判处赔偿经济损失。

  Article 36 If a victim has suffered economic losses as a result of a crime, the criminal shall, in addition to receiving a criminal punishment according to law, be sentenced to making compensation for the economic losses in the light of the circumstances.

  承担民事赔偿责任的犯罪分子,同时被判处罚金,其财产不足以全部支付的,或者被判处没收财产的,应当先承担对被害人的民事赔偿责任。

  If criminal who is liable for civil compensation is sentenced to a fine at the same time but his property is not sufficient to pay both the compensation and the fine, or if he is sentenced to confiscation of property at the same time, he shall, first of all, bear his liability for civil compensation to the victim.

  第三十七条 对于犯罪情节轻微不需要判处刑罚的,可以免予刑事处罚,但是可以根据案件的不同情况,予以训诫或者责令具结悔过、赔礼道歉、赔偿损失,或者由主管部门予以行政处罚或者行政处分。

  Article 37 If the circumstances of a person's crime are minor and do not require criminal punishment, he may be exempted from it; however, he may, depending on the different circumstances of the case, be reprimanded or ordered to make a statement of repentance, offer an apology or pay compensation for the losses, or be subjected to administrative penalty or administrative sanctions by the competent department.

  第三十八条 管制的期限,为三个月以上二年以下。

  Article 38 The term of public surveillance shall be not less than three months but not more than two years.

  被判处管制的犯罪分子,由公安机关执行。

  Where a criminal is sentenced to public surveillance, the sentence shall be executed by a public security organ.

  第三十九条 被判处管制的犯罪分子,在执行期间,应当遵守下列规定:

  Article 39 Any criminal who is sentenced to public surveillance shall observe the following during the term in which his sentence is being executed:

  (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)未经执行机关批准,不得行使言论、出版、集会、结社、游行、示威自由的权利;

  (2) exercise no right of freedom of speech, of the press, of assembly, of association, of procession or of demonstration without the approval of the organ executing the public surveillance;

  (三)按照执行机关规定报告自己的活动情况;

  (3) report on his own activities as required by the organ executing the public surveillance;

  (四)遵守执行机关关于会客的规定;

  (4) observe the regulations for receiving visitors stipulated by the organ executing the public surveillance; and

  (五)离开所居住的市、县或者迁居,应当报经执行机关批准。

  (5) report to obtain approval from the organ executing the public surveillance for any departure from the city or county he lives in or for any change in residence.

  对于被判处管制的犯罪分子,在劳动中应当同工同酬。

  Criminals sentenced to public surveillance shall, while engaged in labour, receive equal pay for equal work.

  第四十条 被判处管制的犯罪分子,管制期满,执行机关应即向本人和其所在单位或者居住地的群众宣布解除管制。

  Article 40 Upon the expiration of a term of public surveillance, the executing organ shall immediately announce the termination of public surveillance to the criminal sentenced to public surveillance and to his work unit or the people of the place where he resides.

  第四十一条 管制的刑期,从判决执行之日起计算;判决执行以前先行羁押的,羁押一日折抵刑期二日。

  Article 41 A term of public surveillance shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, one day in custody shall be considered two days of the term sentenced.

  第四十二条 拘役的期限,为一个月以上六个月以下。

  Article 42 A term of criminal detention shall be not less than one month but not more than 6 months.

  第四十三条 被判处拘役的犯罪分子,由公安机关就近执行。

  Article 43 Where a criminal is sentenced to criminal detention, the sentence shall be executed by the public security organ in the vicinity.

  在执行期间,被判处拘役的犯罪分子每月可以回家一天至两天;参加劳动的,可以酌量发给报酬。

  During the period of execution, a criminal sentenced to criminal detention may go home for one to two days each month; an appropriate remuneration may be given to those who participate in labor.

  第四十四条 拘役的刑期,从判决执行之日起计算;判决执行以前先行羁押的,羁押一日折抵刑期一日。

  Article 44 A term of criminal detention shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, one day in custody shall be considered one day of the term sentenced.

  第四节 有期徒刑、无期徒刑

  SECTION 4 FIXED-TERM IMPRISONMENT AND LIFE IMPRISONMENT

  第四十五条 有期徒刑的期限,除本法第五十条、第六十九条规定外,为六个月以上十五年以下。

  Article 45 A term of fixed-term imprisonment shall be not less than six months but not more than 15 years, except as stipulated in Articles 50 and 69 of this Law.

  第四十六条 被判处有期徒刑、无期徒刑的犯罪分子,在监狱或者其他执行场所执行;凡有劳动能力的,都应当参加劳动,接受教育和改造。

  Article 46 Any criminal who is sentenced to fixed-term imprisonment or life imprisonment shall serve his sentence in prison or another place for the execution. Anyone who is able to work shall do so to accept education and reform through labor.

  第四十七条 有期徒刑的刑期,从判决执行之日起计算;判决执行以前先行羁押的,羁押一日折抵刑期一日。

  Article 47 A term of fixed-term imprisonment shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, one day in custody shall be considered one day of the term sentenced.

  第四十八条 死刑只适用于罪行极其严重的犯罪分子。对于应当判处死刑的犯罪分子,如果不是必须立即执行的,可以判处死刑同时宣告缓期二年执行。

  Article 48 The death penalty shall only be applied to criminals who have committed extremely serious crimes. If the immediate execution of a criminal punishable by death is not deemed necessary, a two-year suspension of execution may be pronounced simultaneously with the imposition of the death sentence.

  死刑除依法由最高人民法院判决的以外,都应当报请最高人民法院核准。死刑缓期执行的,可以由高级人民法院判决或者核准。

  All death sentences, except for those that according to law should be decided by the Supreme People's Court, shall be submitted to the Supreme People's Court for verification and approval. Death sentences with a suspension of execution may be decided or verified and approved by a Higher People's Court.

  第四十九条 犯罪的时候不满十八周岁的人和审判的时候怀孕的妇女,不适用死刑。

  Article 49 The death penalty shall not be imposed on persons who have not reached the age of 18 at the time the crime is committed or on women who are pregnant at the time of trial.

  第五十条 判处死刑缓期执行的,在死刑缓期执行期间,如果没有故意犯罪,二年期满以后,减为无期徒刑;如果确有重大立功表现,二年期满以后,减为十五年以上二十年以下有期徒刑;如果故意犯罪,查证属实的,由最高人民法院核准,执行死刑。

  Article 50 Anyone who is sentenced to death with a suspension of execution commits no intentional crime during the period of suspension, his punishment shall be commuted to life imprisonment upon the expiration of the two-year period; if he has truly performed major meritorious service, his punishment shall be commuted to fixed-term imprisonment of not less than 15 years but not more than 20 years upon the expiration of the two-year period; if it is verified that he has committed an intentional crime, the death penalty shall be executed upon verification and approval of the Supreme People's Court.

  第五十一条 死刑缓期执行的期间,从判决确定之日起计算。死刑缓期执行减为有期徒刑的刑期,从死刑缓期执行期满之日起计算。

  Article 51 The term of suspension of execution of a death penalty shall be counted from the date the judgment becomes final. The term of a fixed-term imprisonment that is commuted from a death penalty with suspension of execution shall be counted from the date the suspension of execution expires.

  第五十二条 判处罚金,应当根据犯罪情节决定罚金数额。

  Article 52 The amount of any fine imposed shall be determined according to the circumstances of the crime.

  第五十三条 罚金在判决指定的期限内一次或者分期缴纳。期满不缴纳的,强制缴纳。对于不能全部缴纳罚金的,人民法院在任何时候发现被执行人有可以执行的财产,应当随时追缴。如果由于遭遇不能抗拒的灾祸缴纳确实有困难的,可以酌情减少或者免除。

  Article 53 A fine may be paid in a lump sum or in installments within the time limit specified in the judgment. If a fine is not paid upon the expiration of that time limit, the payment shall be compelled. If a person is not able to pay the fine in full, the People's Court shall demand the payment whenever it finds the person has property for execution of the fine. If a person has true difficulties in paying because of an irresistible disaster, the fine may be reduced or remitted according to the circumstances.

  第七节 剥夺政治权利

  SECTION 7 DEPRIVATION OF POLITICAL RIGHTS

  第五十四条 剥夺政治权利是剥夺下列权利:

  Article 54 Deprivation of political rights refers to deprivation of the following rights:

  (一)选举权和被选举权;

  (1) the right to vote and to stand for election;

  (二)言论、出版、集会、结社、游行、示威自由的权利;

  (2) the rights of freedom of speech, of the press, of assembly, of association, of procession and of demonstration;

  (三)担任国家机关职务的权利;

  (3) the right to hold a position in a State organ; and

  (四)担任国有公司、企业、事业单位和人民团体领导职务的权利。

  (4) the right to hold a leading position in any State-owned company, enterprise, institution or people's organization.

  第五十五条 剥夺政治权利的期限,除本法第五十七条规定外,为一年以上五年以下。

  Article 55 A term of deprivation of political rights shall be not less than one year but not more than five years, except as stipulated in Article 57 of this Law.

  判处管制附加剥夺政治权利的,剥夺政治权利的期限与管制的期限相等,同时执行。

  Anyone who is sentenced to public surveillance is deprived of political rights as a supplementary punishment, the term of deprivation of political rights shall be the same as the term of public surveillance, and the punishments shall be executed simultaneously.

  第五十六条 对于危害国家安全的犯罪分子应当附加剥夺政治权利;对于故意杀人、强奸、放火、爆炸、投毒、抢劫等严重破坏社会秩序的犯罪分子,可以附加剥夺政治权利。

  Article 56 Anyone who commits the crime of endangering national security shall be sentenced to deprivation of political rights as a supplementary punishment; anyone who commits the crime of seriously undermining public order by intentional homicide, rape, arson, explosion, poisoning or robbery may be sentenced to deprivation of political rights as a supplementary punishment.

  独立适用剥夺政治权利的,依照本法分则的规定。

  Where deprivation of political rights is imposed exclusively, the Specific Provisions of this Law shall apply.

  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, up

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