全国人民代表大会常务委员会关于严惩严重破坏经济的罪犯的决定

（Adopted at the 22nd Meeting of the Standing¹ Committee of the Fifth National People's Congress on March 8， 1982）（Editor's Note： This Decision has been invalidated by the Criminal Law of the People's Republic of China revised at the Fifth Session of the Eighth National People's Congress on March 14， 1997， and effective on October 1， 1997）
时效性：失效　 颁布日期：19820308 　实施日期：19820401 　失效日期：19971001 　颁布单位：全国人大常委会

　　In view of the fact that currently criminal activities in the economic field， such as smuggling²， arbitrage³ and speculation⁴ for exorbitant⁵ profits， theft of public property， theft and sale of precious cultural relics⁶ and extortion and acceptance of bribes⁸ are rampant⁹， seriously jeopardizing¹⁰ the cause of the country's socialist¹¹ construction and the interests of the people， and in order to deal firm blows to such criminal activities and severely¹² punish the criminals and those state functionaries¹³ who have participated in， shielded or connived¹⁴ at these criminal activities， it is necessary to appropriately supplement or amend¹⁵ some relevant provisions of the Criminal Law of the People's Republic of China. It is here by decided¹⁶ as follows：

　　1. The following supplementations and amendments¹⁷ shall be made with regard to the relevant provisions of the Criminal Law：

　　（1） With respect to the crimes of smuggling， arbitrage and speculation for exorbitant profits mentioned in Article 118 of the Criminal Law， of theft mentioned in Article 152， of sale of narcotics¹⁹ mentioned in Article 171， and of secretly transporting precious cultural relics for export mentioned in Article 173， penalties are respectively supplemented or revised as fellows： When the circumstances are especially serious， the offender²⁰ shall be sentenced to fixed²¹-term imprisonment²² of not less than ten years， life imprisonment or death， and he may in addition be sentenced to confiscation²³ of property.

　　State functionaries who take advantage of their office to commit the crimes listed in the preceding paragraph， when the circumstances are especially serious， shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. State functionaries referred to in this Decision include personnel working in state organs of power at all levels， administrative²⁴ organs at all levels， judicial²⁵ organs at all levels， the armed forces， state enterprises and state institutional organizations， and other personnel of all types who are engaged in public service according to law.

　　（2） With respect to the crime of acceptance of bribes mentioned in Paragraphs 1 and 2， Article 185 of the Criminal Law， the following revisions are made： Any state functionary²⁶ who extorts²⁷ or accepts bribes shall be punished as for the crime of embezzlement²⁹ mentioned in Article 155 of the Criminal Law； when the circumstances are especially serious， he shall be sentenced to life imprisonment or death.

　　（3） State functionaries， regardless of whether or not they are judicial functionaries， who take advantage of their office to protect or shelter criminals as provided in Items （1） and （2） of this Article， concealing³¹ and covering up the facts of their crimes， shall all be punished in accordance with Article 188 of the Criminal Law for malpractices from selfish motives³².

　　Relatives of state functionaries， or state functionaries who have already left office， who commit the above crimes shall be punished in accordance with Paragraph 2， Article 162 of the Criminal Law for the crime of protecting criminals.

　　Whoever destroys criminal evidence or fabricates false evidence in favour of the above-mentioned criminals shall be punished in accordance with Article 148 of the Criminal Law for the crime of giving false evidence.

　　Whoever carries on obstructive actions， threats or retaliatory³³ attacks against law enforcement personnel and persons who expose， accuse and give testimony³⁴ shall be punished in accordance with Article 157 of the Criminal Law for the crime of obstructing³⁵ the administration of public order or Article 146 for the crime of retaliation³⁶ or frame-ups.

　　Whoever conspires³⁷ with the criminals listed in Items （1） and （2） of this Article， before committing the crimes listed in the preceding four paragraphs， shall be punished as for a joint³⁸ crime.

　　（4） In cases where state functionaries with the responsibility for investigation³⁹ do not handle criminals listed in Items （1）， （2） and （3） of this Article according to law： or if they do not perform the investigatory obligations stipulated⁴⁰ by law because they are thwarted⁴¹； and in cases where personnel directly in charge who know the circumstances of criminals and of the facts of crimes， or the personnel with sole knowledge of these circumstances， do not report the cases according to law and do not give testimony truthfully， they shall be punished respectively according to the crimes of dereliction of duty specified⁴³ in Articles 187， 188 and 190 of the Criminal Law.

　　2. This Decision shall be implemented⁴⁴ as of April 1， 1982.

　　In cases of crimes committed before the date of implementation⁴⁵ of this Decision， if the offender voluntarily surrenders before May 1 ， 1982 or， if having already been arrested， he truthfully confesses all his crimes before May 1， 1982， and in addition brings truthful⁴² accusations⁴⁶ with respect to the facts of crimes of other criminals， he shall be dealt with in accordance with the relevant provisions of law before the implementation of this Decision. In cases where the offender， before May 1， 1982， continues to conceal³⁰ the crimes he has committed， refusing to surrender voluntarily， or refuses to confess all his crimes， and also does not bring accusations with respect to the crimes of other criminals， he shall betaken as continuing to commit crimes and shall be dealt with in accordance with this Decision.

　　3. This Decision has a major bearing on the interests of the state and the entire people. From the date of promulgation⁴⁷ of this Decision， all state organs， the armed forces， enterprises， institutional organizations， rural people's communes and production brigades， Party organizations， people's organizations， schools， newspapers， broadcasting stations and other mass media units shall have the duty to adopt every effective method to publicize and explain it repeatedly in away understandable to the entire force of working personnel， army officers and men， staff and workers， students and urban and rural residents， so as to make this Decision known to everyone.

　　Appendix： Relevant Articles of the Criminal Law

　　Article 118 Whoever makes a regular business of smuggling or speculation， smuggles⁴⁸ or speculates in huge amounts or is the ringleader of a group that smuggles or speculates shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years， and may concurrently⁴⁹ be sentenced to confiscation of property.

　　Article 152 A habitual⁵⁰ thief or habitual swindler or anyone who steals， swindles or forcibly seizes a huge amount of public or private property， shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years； if the circumstances are especially serious， he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment， and may concurrently be sentenced to confiscation of property.

　　Article 171 Whoever manufactures， sells or transports opium⁵¹， heroin⁵²， morphine or other narcotic¹⁸ drugs shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention⁵³， and may concurrently be sentenced to a fine.

　　Whoever manufactures， sells or transports the narcotic drugs mentioned in the preceding paragraph continually or in large quantities shall be sentenced to fixed-term imprisonment of not less than five years， and may concurrently be sentenced to confiscation on of property.

　　Article 173 Whoever， in violation⁵⁴ of the laws and regulations on protection of cultural relics， secretly transports precious cultural relics for export shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years， and may concurrently be sentenced to a fine； if the circumstances are serious， the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment， and may concurrently be sentenced to confiscation of property.

　　Article 185 Any state functionary who takes advantage of his office to accept bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. The funds or articles that he received as bribes shall be confiscated⁵⁵， and public funds or articles shall be recovered.

　　Whoever commits the crime mentioned in the preceding paragraph and causes the interests of the state or citizens to suffer serious losses shall be sentenced to fixed-term imprisonment of not less than five years.

　　Whoever offers or introduces a bribe⁷ to a state functionary shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

　　Article 155 Any state functionary who takes advantage of his office to embezzle²⁸ public property shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention； if the amount involved is huge and the circumstances are serious， he shall be sentenced to fixed term imprisonment of not less than five years； if the circumstances are especially serious， he shall be sentenced to life imprisonment or death.

　　For the crime mentioned in the preceding paragraph， the offender shall be sentenced concurrently to confiscation of property or ordered to make restitution⁵⁶ or compensation.

　　If any person entrusted⁵⁷ by state organs， enterprises， institutions or people's organizations to perform public duties commits the crime mentioned in the first paragraph of this Article， he shall be punished in accordance with the provisions of the two preceding paragraphs.

　　Article 188 Any judicial functionary who engages in malpractices for the benefit of his friends and subjects to prosecution⁵⁸ a person he clearly knows to be innocent and intentionally⁵⁹ protects from prosecution a person he clearly knows to be guilty， or intentionally twists the law， confounding right and wrong， when rendering⁶⁰ judgments⁶¹ or orders， shall be sentenced to fixed-term imprisonment of not more than five years， criminal detention or deprivation⁶² of political rights； if the circumstances are particularly serious， he shall be sentenced to fixed-term imprisonment of not less than five years.

　　Article 162 Whoever harbours counterrevolutionaries or gives false evidence to protect them shall be sentenced to fixed-term imprisonment of not more than three years， criminal detention or public surveillance； if the circumstances are serious， the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

　　Whoever harbours other criminals or gives false evidence to protect them shall be sentenced to fixed-term imprisonment of not more than two years， criminal detention or public surveillance； if the circumstances are serious， the offended shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

　　Conspirators⁶³ to a crime mentioned in the two preceding paragraphs shall be punished as for a joint crime.

　　Article 148 If， during an investigation or trial， any witness， expert witness， recorder or interpreter intentionally gives false evidence or makes a false expert evaluation⁶⁴， record or translation concerning circumstances that bear an important relation to a case， in order to frame another person or conceal criminal evidence， shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention； if the circumstances are serious， he shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

　　Article l57 Whoever by means of force or threat obstructs⁶⁵ a state functionary from carrying out his functions according to law or refuses to carry out legally effective judgments or orders of people's courts shall be sentenced to fixed-term imprisonment of not more than three years， criminal detention， a fine or deprivation of political rights.

　　Article l46 Any state functionary who abuses his power， using his public office for private gain， in order to retaliate⁶⁶ against or frame complainants， petitioners⁶⁷ or critics shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention； if the circumstances are serious， he shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

　　Article 187 Any state functionary who， because of neglect of duty， causes public property or the interests of the state and the people to suffer heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

　　Article 190 Any judicial functionary who releases a criminal without authorization shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention； if the circumstances are serious， he shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years