The relevant laws and regulations are as follows:
Article 45 of the "Criminal Law of the People's Republic of China" stipulates that, in addition to the provisions of Articles 50 and 69 of this Law, six to fixed-term imprisonment of not less than 15 months but not more than 15 years.
Article 69 of the "Criminal Law of the People's Republic of China" stipulates that if a person commits several crimes before the judgment is pronounced, in addition to the death penalty or life imprisonment, the execution period shall be determined as appropriate.
However, the maximum term of public surveillance shall not exceed three years, the maximum term of criminal detention shall not exceed one year, the maximum term of fixed-term imprisonment shall not exceed 20 years, and the maximum term of fixed-term imprisonment shall not exceed 25 years.
If several crimes are punished simultaneously, the additional punishment must still be executed. Among them, additional punishments of the same type shall be executed together, and those of different types shall be executed separately.
Extended data
Specific application of penalties
Section 1 Sentencing
Article 61 When deciding a penalty, the The facts, nature, circumstances and degree of harm to society of the crime shall be sentenced in accordance with the relevant provisions of this law.
Article 62 If a criminal commits a severe or lenient punishment as stipulated in this law, he shall be sentenced within the statutory penalty limit.
Article 63 If ??a criminal has mitigating circumstances stipulated in this law, he shall be sentenced to a penalty below the statutory penalty.
Although criminals do not have mitigating circumstances stipulated in this law, depending on the special circumstances of the case and with the approval of the Supreme People's Court, they may be sentenced to a penalty below the statutory penalty.
Article 64: All property illegally obtained by criminals shall be recovered or ordered to be refunded; the legitimate property of the victims shall be returned promptly; contraband and personal items used in crimes shall be recovered Confiscated. All confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by oneself.
Section 2 Recidivism
Article 65: A criminal who is sentenced to fixed-term imprisonment or above shall be sentenced to a fixed-term imprisonment or above within five years after the execution of the sentence or the pardon. Anyone who commits a crime is a repeat offender and should be severely punished, except for those who committed a crime of negligence.
The period specified in the preceding paragraph shall be calculated from the date of parole expiration for criminals who are paroled.
Article 66 If a criminal who endangers national security commits another crime that endangers national security at any time after the execution of his sentence or pardon, he shall be punished as a recidivist.
Section 3 Surrender and Meritorious Service
Article 67: Anyone who voluntarily surrenders after committing a crime and truthfully confesses his crime is surrendering. Criminals who surrender may be given lighter or reduced penalties. Among them, those who commit minor crimes may be exempted from punishment.
If a criminal suspect, defendant or criminal serving a sentence who has been subject to compulsory measures and truthfully confesses other crimes that have not yet been grasped by the judicial authorities shall be deemed to have surrendered.
Article 68: Criminals who report and expose other people's criminal acts and verify the facts, or provide important clues to solve other cases and other meritorious services may be given a lighter or reduced punishment; if they have major meritorious service, they may be punished. Reduce or exempt punishment.
Those who turn themselves in after committing a crime and have performed major meritorious services shall have their punishment reduced or exempted.
Section 4: Combined Punishment for Several Crimes
Article 69: For those who have committed multiple crimes before the judgment is pronounced, in addition to the death penalty or life imprisonment, the execution period shall be determined as appropriate, but the maximum control limit shall not be If the amount exceeds three years, the maximum sentence shall not exceed one year, and the maximum sentence shall not exceed twenty years.
If several crimes are punished simultaneously, the additional punishment must still be executed.
Article 70: After the judgment is pronounced but before the execution of the penalty is completed, if it is discovered that the sentenced criminal has committed other crimes before the judgment is pronounced, a judgment shall be made on the newly discovered crime. According to Article 6 of this Law, The provisions of Article 19 determine the punishment to be executed. The sentence already served will be included in the new sentence.
Article 71 If a sentenced criminal commits another crime after the judgment is pronounced but before the execution of the penalty is completed, a judgment shall be made on the new crime and the execution shall be decided in accordance with the provisions of Article 69 of this Law. punishment.
Section 5 Probation Period
Article 72: For criminals who are sentenced to criminal detention or fixed-term imprisonment of less than three years, probation shall be applied based on the circumstances of the crime and the criminal’s expression of remorse. If the crime is no longer harmful to society, a suspended sentence can be issued.
If a criminal who has been sentenced to probation is sentenced to an additional penalty, the additional penalty must still be executed.
Article 73 The probation period of criminal detention shall be from one year to more than two months of the original sentence.
The trial period of probation for a fixed-term prison sentence shall be more than the original sentence and less than five years, but shall not be less than one year.
The probation period shall be calculated from the date the judgment is determined.
Article 74: Suspended sentences are not applicable to repeat offenders.
Article 75 Criminals who have been sentenced to probation shall abide by the following provisions:
(1) Abide by laws and administrative regulations and obey supervision;
(2) Report your activities in accordance with the regulations of the inspection agency;
(3) Comply with the regulations of the inspection agency on receiving visitors;
(4) Leave the city or city where you live. County or relocation must be reported to the inspection agency for approval.
Article 76: Criminals who have been sentenced to probation shall be inspected by the public security organs during the probation period, and their units or grassroots organizations shall cooperate. If there are no circumstances specified in Article 77 of this Law, upon expiration of the probation period, the original sentence will no longer be executed and will be publicly announced.
Article 77 If a criminal who has been sentenced to probation commits a new crime during the probation period or discovers that there are other crimes that have not been sentenced before the judgment is pronounced, the suspended sentence shall be revoked and the new offender shall be punished. A judgment shall be made for a crime or a newly discovered crime, and the punishment to be executed shall be determined in accordance with the provisions of Article 69 of this Law.
If a criminal who has been sentenced to probation violates laws, administrative regulations or the supervision and management regulations of the public security department of the State Council during the probation period, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence shall be implemented.
Section 6 Commutation of Sentences
Article 78: Criminals who are sentenced to public surveillance, criminal detention, fixed-term imprisonment, or life imprisonment shall conscientiously abide by prison regulations, accept education and reform, and ensure that they If someone shows repentance or performs meritorious service, his sentence may be reduced; if he shows one of the following major meritorious services, his sentence shall be reduced:
(1) Preventing others from committing major criminal activities;
( 2) Reporting major criminal activities inside and outside the prison, which is verified to be true;
(3) Having inventions or major technological innovations;
(4) Sacrificing oneself to save others in daily production and life Human beings;
(5) Outstanding performance in resisting natural disasters or eliminating major accidents;
(6) Making other significant contributions to the country and society.
The actual term of the sentence after commutation shall not be less than one-half of the original sentence if sentenced to public surveillance, criminal detention or fixed-term imprisonment; and shall not be less than ten years if sentenced to life imprisonment.
Article 79: For commutation of a criminal’s sentence, the execution agency shall submit a commutation proposal to the people’s court at or above the intermediate level. When hearing a case, the people's court shall form a collegial panel, and if there are facts of repentance or meritorious service, it shall rule to reduce the sentence. The sentence cannot be reduced without legal procedures.
Article 80 The term of a sentence commuted from life imprisonment to fixed-term imprisonment shall be calculated from the date of commutation.
Section 7 Parole
Article 81 A criminal sentenced to fixed-term imprisonment shall serve more than one-half of the original sentence. A criminal sentenced to life imprisonment shall actually serve ten years. Those who are over 20 years old, conscientiously abide by prison regulations, accept education and reform, show true repentance, and no longer endanger society after parole can be paroled. Under special circumstances, with the approval of the Supreme People's Court, the above restrictions on the execution of the sentence may be waived.
Recidivists and criminals who have been sentenced to fixed-term imprisonment of more than ten years or life imprisonment for murder, explosion, robbery, rape, kidnapping and other violent crimes are not eligible for parole.
Article 82 The parole of a criminal shall be carried out in accordance with the procedures specified in Article 79 of this Law. No parole is allowed without legal procedures.
Article 83 The parole trial period for fixed-term imprisonment shall be the unfinished sentence; the parole trial period for life imprisonment shall be ten years.
The parole test period is calculated from the date of parole.
Article 84 Criminals who are paroled shall abide by the following provisions:
(1) Abide by laws and administrative regulations and obey supervision;
(2) ) Report their activities in accordance with the regulations of the supervisory authority;
(3) Comply with the regulations of the supervisory authority on receiving visitors;
(4) Leave the city or county where you live or move , shall be reported to the supervisory authority for approval.
Article 85: Criminals who are paroled shall be supervised by the public security organs during the parole trial period. When the parole probation period expires and there are no circumstances specified in Article 86 of this Law, the original sentence will be deemed to have been completed and an announcement will be made.
Article 86 If a paroled criminal commits a new crime during the parole test period, his parole shall be revoked and he shall be punished for several crimes in accordance with the provisions of Article 71 of this Law.
During the parole trial period, if it is discovered that the paroled criminal has committed other crimes for which he has not been convicted before the verdict is announced, the parole shall be revoked and multiple crimes shall be punished in accordance with the provisions of Article 70 of this Law.
If a paroled criminal violates laws, administrative regulations or the provisions of the public security department of the State Council on parole supervision and management during the parole trial period, and does not constitute a new crime, his parole will be revoked in accordance with legal procedures and he will be imprisoned for execution. Unfinished punishment.
Section 8 Restrictions
Article 87 Crimes that exceed the following time limits will not be prosecuted:
(1) The statutory maximum penalty is less than five years. If the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years, the penalty shall be ten years;
(3) The statutory maximum penalty shall be ten years If the person is sentenced to fixed-term imprisonment of more than 10 years, fifteen years have passed;
(4) If the statutory maximum penalty is life imprisonment or death, twenty years have passed. If it is deemed necessary to prosecute after 20 years, it shall be submitted to the Supreme People's Procuratorate for approval.
Article 88: Anyone who evades investigation or trial after the People's Procuratorate, Public Security Bureau, or State Security Bureau has filed a case for investigation or the People's Court has accepted the case shall not be subject to the limitation of the prosecution period.
If the victim files a complaint within the time limit for prosecution and the people's court, people's procuratorate or public security organ should file a case but fails to do so, the case shall not be subject to the limitation of the time limit for prosecution.
Article 89 The time limit for prosecution shall be calculated from the date of crime. If the criminal act has a continuous or continuing state, the calculation shall be from the date when the criminal act ends.
If a crime is committed within the prosecution period, the prosecution period for the previous crime shall be calculated from the date of the subsequent crime.
China National People’s Congress Network-The People’s Republic of China and Chinese Criminal Law