Full text of criminal law 2022

The legislative purpose of article 1 of the Criminal Law is to punish crimes and protect people. This Law is formulated in accordance with the Constitution and in the light of China's specific experience and actual situation in combating crime.

Article 2 The task of this Law is to fight and punish all criminal acts in order to safeguard national security, the people's democratic dictatorship and the socialist system, protect state-owned property and property collectively owned by the working people, protect citizens' private property, protect citizens' personal rights, democratic rights and other rights, maintain social and economic order and ensure the smooth progress of socialist construction.

Article 3 If a crime is clearly defined by law, it shall be convicted and punished according to law; If the law does not clearly stipulate that it is a criminal act, it shall not be convicted and punished.

Article 4 All people are equal in the application of criminal law, and all criminals are equal in the application of law. No one is allowed to have the privilege beyond the law.

Article 5 The responsibility and punishment should be adapted to the severity of punishment and to the crimes committed and the criminal responsibilities assumed by criminals.

Article 6 Territorial Jurisdiction This Law shall apply to all crimes committed within the territory of People's Republic of China (PRC), except as otherwise provided by law.

This Law also applies to all crimes committed on board ships or aircraft in People's Republic of China (PRC).

If one of the acts or results of a crime occurs in the territory of People's Republic of China (PRC), it shall be regarded as a crime in the territory of People's Republic of China (PRC).

Article 7 This Law shall apply to China people and citizens who commit crimes outside the territory of People's Republic of China (PRC). However, if the maximum penalty prescribed in this law is fixed-term imprisonment of not more than three years, it may not be investigated.

This Law shall apply to state functionaries and servicemen of People's Republic of China (PRC) who commit crimes stipulated in this Law outside the territory of People's Republic of China (PRC).

Article 8. This Law can be applied to foreigners with jurisdiction who commit crimes against citizens of People's Republic of China (PRC) or People's Republic of China (PRC) outside the territory of People's Republic of China (PRC), but the minimum penalty stipulated in this Law is fixed-term imprisonment of not less than three years, except those who are not punished according to the laws of the place where the crime is committed.

Article 9 Universal Jurisdiction This Law applies to crimes stipulated in international treaties concluded or acceded to by People's Republic of China (PRC), and People's Republic of China (PRC) exercises criminal jurisdiction within the scope of treaty obligations.

Tenth negative recognition of foreign criminal judgments committed outside the territory of People's Republic of China (PRC), should bear criminal responsibility according to this law, although the foreign trial, can still be investigated according to this law. However, if he has been punished in a foreign country, his punishment can be exempted or mitigated.

Article 11 The immunity from criminal jurisdiction of diplomatic representatives and the criminal responsibility of foreigners enjoying diplomatic privileges and immunities shall be settled through diplomatic channels.

Article 12 The criminal law has retrospective effect. Acts committed after the establishment of People's Republic of China (PRC) and before the implementation of this law were not considered as crimes at that time, and the laws at that time shall apply; If the law at that time considers it a crime and should be prosecuted in accordance with the provisions of Section 8 of Chapter IV of the General Provisions of this Law, criminal responsibility shall be investigated in accordance with the law at that time. However, if this Law does not consider it a crime or the punishment is relatively light, this Law shall apply.

Before the implementation of this law, the effective judgment made in accordance with the laws at that time shall remain valid.