Interpretations of the Supreme People's Court on Issues concerning the Validity of Time in the Amendment IX to the Criminal Law of the People's Republic of China

Fa Shi [2015] No.19

October 29, 2015

The Interpretations of the Supreme People's Court on Issues concerning the Validity of Time in the Amendment IX to the Criminal Law of the People's Republic of China, adopted at the 1664th meeting of the Judicial Committee of the Supreme People's Court on October 19, 2015, are hereby promulgated for implementation as of November 1, 2015.

Interpretations of the Supreme People's Court on Issues concerning the Validity of Time in the Amendment IX to the Criminal Law of the People's Republic of China

(adopted at the 1664th meeting of the Judicial Committee of the Supreme People's Court on October 19, 2015)

For the purpose of correctly applying the Amendment IX to the Criminal Law of the People's Republic of China, relevant issues concerning the application of the unamended Criminal Law and the amended Criminal Law in criminal cases tried by people's courts after November 1, 2015 are hereby set out as follows in accordance with Article 12 of the Criminal Law of the People's Republic of China:

Article 1 In the case of a crime committed by taking advantage of a profession or a crime committed in violation of the specific obligations required by a profession on or before October 31, 2015, the provisions of Paragraph 1 of Article 37 of the amended Criminal Law shall not apply. Where other laws or administrative regulations stipulate otherwise, such provisions shall prevail.

Article 2 Where a criminal sentenced to death penalty with suspension of execution commits any crime intentionally within the period of suspension of execution prior to October 31, 2015, the provisions of Paragraph 1 of Article 50 of the amended Criminal Law shall apply.

Article 3 Where a criminal commits several crimes on or prior to October 31, 2015, for which fixed-term imprisonment and criminal detention, or fixed-term imprisonment and public surveillance or criminal detention and public surveillance are imposed, and combined punishment for several offenses shall be executed, the provisions of Paragraph 2 of Article 69 of the amended Criminal Law shall apply.

Article 4 Where a victim files with a people's court a complaint about an act of humiliating and defaming as prescribed in Paragraph 1 of Article 246 of the Criminal Law and committed through information network prior to October 31, 2015 but it is truly difficult for the victim to provide evidence, the provisions of Paragraph 3 of Article 246 of the amended Criminal Law shall apply.

Article 5 Where a victim has no ability to bring a complaint or cannot bring a complaint due to being constrained or threatened about the act of maltreatment as prescribed in Paragraph 1 of Article 260 of the Criminal Law and committed prior to October 31, 2015, the provisions of Paragraph 3 of Article 260 of the amended Criminal Law shall apply.

Article 6 Where a criminal who organizes any cheating of the examination, provides cheating devices or other assistance for others who organizes any cheating of the examination and illegally sells or provides the examination questions or answers to others prior to October 31, 2015 shall be investigated for criminal responsibility for the crime of illegally obtaining state secrets, the crime of illegally manufacturing or selling any equipment or devices specifically for use by espionages or the crime of intentionally divulging State secrets and so forth in accordance with the unamended Criminal Law, relevant provisions of the unamended Criminal Law shall apply. However, if the criminal is imposed on a lighter punishment in accordance with provisions of Paragraph 1 of Article 284 of the amended Criminal Law, relevant provisions of the amended Criminal Law shall apply.

Article 7 Where a criminal who brings a civil lawsuit based on fabricated facts prior to October 31, 2015, thus obstructing judicial order or seriously infringing the legitimate rights and interests of another person shall be investigated for criminal responsibility for the crime of forging seals of companies, enterprises, public institutions or people's organizations or the crime of impairing testifying and so forth in accordance with the unamended Criminal Law, relevant provisions of the unamended Criminal Law shall apply. However, if the criminal is imposed on a lighter punishment in accordance with provisions of Paragraph 1 of Article 307 of the amended Criminal Law, relevant provisions of the amended Criminal Law shall apply.
Where a criminal who executes the act mentioned in Paragraph 1 and illegally encroach on other's property or evades legitimate debts shall be investigated for criminal responsibility for the crime of fraud, the crime of duty encroachment or the crime of corruption and so forth in accordance with the unamended Criminal Law, relevant provisions of the unamended Criminal Law shall apply.

Article 8 Where a criminal commits the crime of corruption or taking bribes prior to October 31, 2015, if the criminal act is so heinous that the sentence to death penalty with a suspension of execution granted in accordance with the unamended Criminal Law cannot reflect the principal of matching punishment with crime, but that the criminal is sentenced to death penalty with suspension of execution and shall be imprisoned for life without any other commutation or release on parole upon the commutation of life imprisonment after the expiration of the two-year suspension of execution in accordance with the amended Criminal Law can suit the punishment to the crime, the provisions of Paragraph 4 of Article 383 of the amended Criminal Law shall apply. Where the sentence to death penalty with suspension of execution is enough to suit the punishment to the crime, the provisions of Paragraph 4 of Article 383 of the amended Criminal Law shall not apply.

Article 9 The Interpretations shall take effect as of November 1, 2015.