50. If a foreigner commits a crime against a citizen of China or China outside China, and the minimum penalty stipulated in the criminal law is fixed-term imprisonment of more than three years, the criminal law can be applied, except that he is not punished according to the law of the place where the crime is committed.
5 1, people who have reached the age of 14 but under the age of 16 are guilty of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning, and shall bear criminal responsibility.
52. A person who has reached the age of 14 but under the age of 18 commits a crime and should be given a lighter or mitigated punishment.
53. A mental patient who has not completely lost the ability to identify or control his behavior commits a crime, and he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment.
54. Deaf-mute or blind people who commit crimes may be given a lighter, mitigated or exempted punishment.
55. The prepared offender may be given a lighter, mitigated or exempted punishment according to the accomplished offender.
56. Attempted crime can be given a lighter or mitigated punishment according to the accomplishment of the crime.
57. If the discontinuer does not cause damage, he shall be exempted from punishment; If damage is caused, the punishment shall be mitigated.
58. An accessory shall be given a lighter, mitigated or exempted punishment.
59. A coerced accomplice shall be given a mitigated punishment or exempted from punishment according to the circumstances of his crime.
60. If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.
6 1. control period: 3 months to 2 years.
Term of criminal detention: 1 month -6 months.
Term of fixed-term imprisonment: 6 months-15 years.
Term of deprivation of political rights: 1 year -5 years (except as stipulated in Article 57 of the Criminal Law)
62. The death penalty is not applicable to people who were under 18 years old at the time of the crime and women who were pregnant at the time of trial, and of course it is not applicable.
Before the case is brought to the people's court, if the defendant has induced abortion during his detention, he should be regarded as a pregnant woman at the trial and cannot be sentenced to death; If a pregnant woman is charged with the same fact and delivered to trial after having a spontaneous abortion in custody because of a suspected crime, she shall be regarded as a "pregnant woman at trial" and the death penalty shall not be applied according to law.
63. When the death penalty is commuted to fixed-term imprisonment or life imprisonment is commuted to fixed-term imprisonment, the additional period of deprivation of political rights should be changed to 10 years or more.
64. If the legal debts incurred by criminals before the confiscation of property need to be repaid with the confiscated property, they shall be repaid at the request of creditors.
65. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted.
66. Criminals who have rendered meritorious service may be given a lighter or mitigated punishment; Those who have made significant meritorious service may be mitigated or exempted from punishment; Whoever surrenders himself after committing a crime and has made great meritorious service shall be given a mitigated punishment or exempted from punishment.
67, combined punishment for several crimes, the maximum control can not exceed 3 years, criminal detention can not exceed 1 year, fixed-term imprisonment can not exceed 20 years.
68, the scope of probation; Criminals sentenced to criminal detention or fixed-term imprisonment of not more than three years, according to their criminal circumstances and penitence, the application of probation will indeed not endanger society again.
69. probation period of criminal detention probation: the original sentence is more than one year and less than two months; The probation period of probation for fixed-term imprisonment shall be not less than five years from the original sentence, but not less than one year; The probation period of probation shall be counted from the date when the judgment is determined.
70. For recidivists, probation is not applicable.
7 1. Scope of application of commutation: criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment (1) voluntarily abide by prison regulations, receive education and reform during the execution period, have truly repented, or have rendered meritorious service (commutation can be granted); (2) Those who have made significant meritorious service (one of the six items listed in Article 78 of the Criminal Law) shall have their sentences reduced.
72. The actual sentence after commutation: if sentenced to public surveillance, criminal detention or fixed-term imprisonment, it shall not be less than the original sentence1/2; Those sentenced to life imprisonment shall not be less than 10 years.
73. The executing organ shall submit a proposal for commutation to the people's court at or above the intermediate level. The people's court shall form a collegial panel for trial. Without legal procedures, the sentence may not be reduced.
74. Scope of application of parole: Those sentenced to fixed-term imprisonment shall be sentenced to more than12 of the original sentence, and those sentenced to life imprisonment shall actually be sentenced to more than 10 years. If you seriously abide by the prison regulations and accept education and reform, you will indeed repent after parole and will not harm society. If there are special circumstances, with the approval of the Supreme Court, the above restrictions on the execution of the sentence may be waived.
75. Recidivists and criminals sentenced to fixed-term imprisonment of 10 years or life imprisonment for violent crimes such as murder, explosion, robbery, rape and kidnapping shall not be released on parole.
76. The probation period of parole for fixed-term imprisonment is limited to the unfinished sentence, and that for life imprisonment is 10 year. The probation period of parole shall be counted from the date of parole.
77. Private property managed, used or transported by state organs, state-owned companies, enterprises, collective enterprises and people's organizations is regarded as public property.
78. Whoever commits the crime of organizing, leading or participating in terrorist activities, as well as murder, explosion, kidnapping, etc., shall be punished in accordance with the provisions on combined punishment for several crimes.
79. Whoever commits the crime of hijacking an aircraft shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment; Anyone who causes serious injury or death to people or serious damage to aircraft shall be sentenced to death.
80. Whoever illegally manufactures guns and ammunition and then illegally holds or hides them shall be punished as the crime of illegally manufacturing guns and ammunition, and shall not be punished for several crimes. (Absorbing crime)
8 1. Persons who are equipped with official guns according to law illegally rent or lend guns shall be punished in accordance with the provisions on the crime of illegal possession and possession of guns and ammunition.
Persons who are equipped with guns according to law illegally rent or lend guns, thus causing serious consequences, shall be punished in accordance with the provisions on the crime of illegal possession and possession of guns and ammunition.
82. Persons who are equipped with official guns according to law and fail to report the loss of guns in time, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
83. The crime of causing traffic accidents refers to the act of violating traffic management laws and regulations, causing serious traffic accidents, causing serious injuries, deaths or heavy losses to public and private property.
Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
84. In the crime of major labor safety accidents, if the labor safety facilities meet the requirements of the state and serious consequences are caused by other reasons, the crime is not established; The crime is not established if the staff of the relevant department or unit fails to raise the hidden danger of the accident and the actor fails to take measures.
85, the production and sale of cosmetics that do not meet the hygiene standards, in order to cause serious consequences for the crime.
86. Whoever produces or sells some fake and inferior products specified in Articles 14 1 to 148 of the Criminal Law, but does not meet the constitutive requirements specified in each article, and the sales amount is more than 50,000 yuan, shall be deemed as the crime of producing and selling fake and inferior products in accordance with the provisions of Article 140 of the Criminal Law.
87. Whoever produces or sells certain fake and inferior products specified in Articles 14 1 to 148 of the Criminal Law constitutes the crime specified in this article, and at the same time constitutes the crime of producing or selling fake and inferior products specified in Article 140 of the Criminal Law, he shall be convicted and punished according to the provisions with heavier punishment. (concurrence of laws and regulations)
88. Whoever conspires with smuggling criminals to provide them with loans, funds, account numbers, invoices and certificates, or to provide them with convenient conditions such as transportation, storage and mailing, shall be punished as an accomplice in the crime of smuggling.
89. Anyone who resists anti-smuggling by violence or threats shall be punished according to the provisions of Article 277 of the Criminal Law for the crime of smuggling and the crime of obstructing state functionaries from performing their duties according to law.
90. In the crime of accepting bribes (commercial bribery), whether it is to ask for or accept other people's property, it must be to seek benefits for others, that is, to use the convenience of one's position to seek benefits for others or to promise others. As for the nature and types of interests, it does not affect the establishment of this crime. (and a large number)
9 1. In the crime of bribing company and enterprise personnel, the actor must seek illegitimate interests. Whether he actually obtained illegitimate interests does not affect the establishment of the crime.
92. The subject of the crime of illegally operating similar businesses must be the directors of state-owned companies and enterprises, and the amount must be huge (above).
93. The subject of the crime of illegally profiting for relatives and friends must be the staff of state-owned companies, enterprises and institutions, and it must cause great losses to the national interests (I).
94. The main body of the crime of being cheated by dereliction of duty in signing and performing contracts is the directly responsible person in charge of state-owned enterprises, companies and institutions, which must cause significant (above) losses to the national interests.
95, dereliction of duty caused bankruptcy, serious losses, the main person in charge of state-owned companies and enterprises bear direct responsibility, and caused great losses to national interests.
96, abuse of power caused bankruptcy, serious losses, the same as above.
97. The crime of selling assets at a low price for selfish ends is mainly committed by the directly responsible person in charge of state-owned companies, enterprises or their superior competent departments, which must cause significant (or above) losses to national interests.
98. Whoever forges currency shall be sentenced to 3 years-10 years in prison and fined 50,000-500,000 yuan; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) ringleaders of counterfeit currency groups; (2) The amount of counterfeit currency is extremely huge (the total denomination of counterfeit currency does not exceed 10,000 yuan); (3) There are other particularly serious circumstances.
99. The crime of selling, buying and transporting counterfeit money is different from the crime of buying and converting counterfeit money into money by the staff of financial institutions: (1) The former crime requires a large amount, but the latter crime does not; (2) The former crime is the general subject, and the latter crime is the special subject.
100. If the actor's selling or transporting counterfeit money constitutes a crime and the act of using counterfeit money also constitutes a crime, he shall be punished for several crimes in accordance with the provisions of Article 17 1 of the Criminal Law on the crime of selling, buying or transporting counterfeit money and Article 172 on the crime of holding or using counterfeit money.
15 1. The crime of extortion requires a large amount. It is legal for the perpetrator to report the case to the judicial organ while knowing the facts of others' crimes, but if the perpetrator asks for property by threatening means, the crime of extortion is established.
152. Whoever steals radio, television and public telecommunication facilities is of little value but constitutes a crime of endangering public safety shall be convicted and punished for the crime of destroying radio, television and public telecommunication facilities in accordance with Article 124 of the Criminal Law.
153. Whoever steals radio, television and public telecommunication facilities and at the same time constitutes a crime of stealing or destroying radio, television and public telecommunication facilities shall be punished as a felony.
154. Whoever steals electrical equipment in use and at the same time constitutes the crime of stealing or destroying electrical equipment shall be punished as a felony.
155. Whoever commits theft and causes losses to public or private property shall be given a heavier punishment for theft; If it constitutes other crimes, a felony punishment shall be chosen.
156. Theft of public or private property does not constitute theft, but if a large amount of public or private property is damaged by sabotage, it shall be punished as intentional destruction of property.
157. Whoever intentionally destroys public or private property after theft to cover up a crime or revenge, if the case constitutes a crime, shall be punished for theft and other crimes.
158. Whoever steals other people's communication lines, copies other people's telecommunications numbers or uses them knowing that they are stolen or copied telecommunications equipment and facilities for profit shall be convicted and punished for theft.
159, attempted fraud, but if the circumstances are serious, it should be treated as fraud (attempted).
160, put a piece of coin-like metal into the vending machine to get the goods. If the amount is relatively large, the crime of fraud is not established and the crime of theft is established.
16 1. Those who use false and rough identity documents to go through the procedures of accessing the network and use mobile phones, thus causing a great loss of telecommunication charges, shall be punished as fraud.
162. The crime of misappropriating specific funds and materials refers to the act of using funds and materials specially used for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for other purposes in violation of the national financial management system, and the circumstances are serious, resulting in great damage to the interests of the country and the people.
163. Obstructing military personnel from performing their duties constitutes the crime of obstructing military personnel from performing their duties in Article 368 of the Criminal Law, but it does not constitute the crime of obstructing official duties.
164. In the crime of obstructing official duties, if the staff of state organs, deputies to the National People's Congress and staff of the Red Cross are subjected to violence or threats, the state security organs and public security organs are not required to use violence or threats (only deliberately obstructing), but serious consequences must be caused.
165. Among the crimes against official duties, violent acts that commit other crimes, such as violent acts causing serious injuries to people and robbing law enforcement officers of guns, should be regarded as imaginative joinder, and in principle, they should be punished as felonies.
166. Whoever forges, alters or buys or sells official documents, certificates and seals of state organs at the same time shall be punished as one crime, and shall not be punished for several crimes.
167. Whoever forges or alters official documents, certificates and seals of state organs and then uses them for other crimes shall be punished as one crime, and shall not be punished for several crimes. (implicated offender)
168. Stealing or robbing official documents, certificates and seals of state organs is not considered as theft or robbery.
169. Whoever steals other people's business secrets and state secrets by using special equipment for eavesdropping and stealing photos shall be punished as a felony.
170, the crime of illegally obtaining state secrets is established, whether it is stealing, spying or buying state secrets for overseas institutions, organizations or personnel. Otherwise, the crime stipulated in Article11of the Criminal Law is established.
17 1. Whoever illegally produces special equipment for eavesdropping and stealing photos and then illegally uses it will only be convicted of illegally producing special equipment for spies.