Order of the President of the People's Republic of China

No. 18

Amendment (XII) to the Criminal Law of the People's Republic of China adopted at the 7th Meeting of the Standing Committee of the Fourteenth National People's Congress on December 29, 2023, is hereby promulgated and shall go into effect as of March 1, 2024.

                  Xi Jinping 

 President of the People's Republic of China

                 December 29, 2023

Amendment (XII) to the Criminal Law of the People's Republic of China

(Adopted at the 7th Meeting of the Standing Committee of the Fourteenth National People's Congress on December 29, 2023)

1. One paragraph is added as the second paragraph in Article 165 and this article is revised to read, "A director of the board, supervisor or senior management officer of a state-owned company or enterprise who, taking advantage of his office, operates for himself or another person the same business as that of the company or enterprise in which he holds a position, and obtains illegal benefits, if the amount involved is large, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. If the amount involved is especially large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.

"Where a director of the board, supervisor or senior management officer of any other company or enterprise commits an act as prescribed in the preceding paragraph in violation of laws or administrative regulations, thereby causing heavy losses to the interests of the company or enterprise, he shall be punished in accordance with the provisions in the preceding paragraph."

2. One paragraph is added as the second paragraph in Article 166 and this article is revised to read, "An employee of a state-owned company, enterprise, or public institution who, taking advantage of his position, commits any of the following acts, thereby causing heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. Where extremely heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine:

"(1) turning operation of the profitable business of the state-owned company, enterprise, or public institution over to his relatives or friends;

"(2) purchasing commodities or accepting services from an entity operated and managed by his relatives or friends at a price manifestly higher than the market price, or selling commodities or providing services to an entity operated and managed by his relatives or friends at a price manifestly lower than the market price; or  

"(3) purchasing substandard commodities or accepting substandard services from an entity operated and managed by his relatives or friends.

"An employee of any other company or enterprise, who commits an act as prescribed in the preceding paragraph in violation of laws or administrative regulations, thereby causing heavy losses to the interests of the company or enterprise, shall be punished in accordance with the provisions in the preceding paragraph."

3. One paragraph is added as the second paragraph in Article 169 and this article is revised to read, "Where a person who is directly in charge of a state-owned company or enterprise, or a department superior to and in charge of such companies or enterprises practices favoritism and irregularities and converts state-owned assets to shares at a low price or sells the assets at a low price, thereby causing heavy losses to the interests of the state, he shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where extremely heavy losses are caused to the interests of the state, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

"Where a person who is directly in charge of any other company or enterprise engages in malpractice for personal gains and converts the company's or enterprise's assets to shares at a low price or sells the assets at a low price, thereby causing heavy losses to the interests of the company or enterprise, he shall be punished in accordance with the provisions in the preceding paragraph."

4. The first paragraph of Article 387 is revised to read, "Where a state organ, a state-owned company, enterprise or public institution, or a people's organization solicits or unlawfully accepts money or other forms of property from others as a price of providing benefits, if the circumstances are serious, the entity shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years."

5. Article 390 is revised to read, "Whoever commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. Where the offender offers bribes to secure illicit benefits, if the circumstances are serious or heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. If the circumstances are especially serious, or extremely heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property.

"A person whose act falls within any of the following circumstances shall be given a heavier punishment:

(1) offering bribes several times or to several persons;

(2) a state functionary offering bribes;

(3) offering bribes in a national key project or national major project;

(4) offering bribes to solicit promotion or adjustment of his position or rank;

(5) offering bribes to a supervisory, law enforcement or judicial officer;

(6) offering bribes to those engaged in ecology and environment, fiscal and financial work, work safety, food and drugs, disaster prevention and relief, social security, education, healthcare, etc. for committing criminal or other illegal activities; or

(7) offering bribes with illegal gains.

"A briber who, before being prosecuted, voluntarily confesses his act of offering bribes, may be given a lighter or mitigated punishment. If the crime is relatively minor, or the briber plays a critical role in the solution of a major case by a supervisory organ or a criminal investigation organ, or the offender carries out a major meritorious performance, he may be given a mitigated punishment or be exempted from punishment."

6. The first paragraph of Article 391 is revised to read, "Whoever, for securing illicit benefits, gives money or other forms of property to a state organ, a state-owned company, enterprise or public institution, or a people's organization or, in economic activities, gives kickbacks or service charges under any name in violation of state regulations, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine."

7. Article 393 is revised to read, "Where an entity for securing illicit benefits, offers bribes or, in violation of state regulations, gives kickbacks or service charges to a state functionary, if the circumstances are serious, the entity shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. Whoever takes into his own possession the illegal gains derived from bribery shall be convicted and punished in accordance with the provisions in Articles 389 and 390 of this Law."

8. This amendment shall go into effect on March 1, 2024.