Criminal Law Criminal Law in Chinain China

Li XiangLi Xiang

Criminal Law of the PRCCriminal Law of the PRC

It was It was adoptedadopted by the by the Second SessionSecond Session o of the f the Fifth National People's CongressFifth National People's Congress on July 1, 1979, on July 1, 1979, revisedrevised by the Fifth Ses by the Fifth Session of the Eighth National People's Cosion of the Eighth National People's Congress on March 14, ngress on March 14, 19971997, , promulgatepromulgatedd by Order No.83 of the by Order No.83 of the President President of thof the People's Republic of China on March e People's Republic of China on March 14, 1997, and 14, 1997, and effectiveeffective from October 1, from October 1, 1997. It was 1997. It was amendedamended for eight times i for eight times in 1999,2001(2 times),2002,2005,2006,20n 1999,2001(2 times),2002,2005,2006,2009,and 2011.09,and 2011.

Words concerning legislatioWords concerning legislationn

Be adopted:Be adopted: 通过通过 Be revised:Be revised: 修订修订 Be amended:Be amended: 修正修正 What’s the difference between being reviseWhat’s the difference between being revise

d and being amended?d and being amended? ——integral revision/partial revisionintegral revision/partial revision Being promulgated:Being promulgated: 颁布颁布 Who is entitled to promulgate laws which arWho is entitled to promulgate laws which ar

e adopted by National People’s Congress?e adopted by National People’s Congress?What about administrative regulations?What about administrative regulations?

——President/Prime MinisterPresident/Prime Minister

Effective(date):Effective(date): 生效（日期）生效（日期） If the law is revised,when is the effective If the law is revised,when is the effective

date of the new version?If the law is amedate of the new version?If the law is amended,when is the effective date of the law?nded,when is the effective date of the law?

——new date/old datenew date/old date Why does effective date matter?--Lex proWhy does effective date matter?--Lex pro

spect non respect/law is non-retrospectivspect non respect/law is non-retrospective.It is one of the basic principles of rule oe.It is one of the basic principles of rule of law and it is applied in criminal law,adf law and it is applied in criminal law,administrative law and civil law.—law is a gministrative law and civil law.—law is a guidance.uidance.

Example:according to the newest(1Example:according to the newest(1stst March) March) adminstrative regulation of HK government,adminstrative regulation of HK government,every passanger is entitled to take less than tevery passanger is entitled to take less than two pots of milk powder when departing HK.wo pots of milk powder when departing HK.

After 1After 1stst March,any violation to the above leg March,any violation to the above legal provision would be punished according to al provision would be punished according to law.But anyone who did the same thing befolaw.But anyone who did the same thing before 1re 1stst March is absolved. March is absolved.

According to the Basic Law of HK,the policy According to the Basic Law of HK,the policy of free trade is implemented within HK.So iof free trade is implemented within HK.So in the future,it may be quoted as defense gron the future,it may be quoted as defense ground.und.

In criminal law, what constitutes crimIn criminal law, what constitutes crimes,how to punish crimes are regulated.es,how to punish crimes are regulated.

What’s a crime?What’s a crime? Basic principles of criminal law:Basic principles of criminal law: 罪刑法定原则罪刑法定原则 罪刑相适应原则罪刑相适应原则 刑法面前人人平等原则刑法面前人人平等原则

What’s a crime?What’s a crime? Article 13 Article 13

All acts which endanger the sovereignty, territorial intAll acts which endanger the sovereignty, territorial integrity or security of the State, egrity or security of the State, dismemberdismember the nation, the nation, ssubvert ubvert the political power of the people's the political power of the people's dictatorshipdictatorship, , overthrowoverthrow the socialist system, disrupt the social or ec the socialist system, disrupt the social or economic order, onomic order, infringeinfringe the properties owned by the Sta the properties owned by the State or the properties owned te or the properties owned collectivelycollectively by the working by the working people, infringe the citizens' privately owned propertiepeople, infringe the citizens' privately owned properties or infringe the right of the person, democratic right os or infringe the right of the person, democratic right or any other right of citizens and all other acts which enr any other right of citizens and all other acts which endanger the society danger the society shall be taken as crimes if, accordinshall be taken as crimes if, according to law, they shall be punished criminally, and if they g to law, they shall be punished criminally, and if they are clearly of minor circumstances and little harm, shaare clearly of minor circumstances and little harm, shall not be taken as crimes. ll not be taken as crimes.

What’s the difference between crimes and illegal acts?What’s the difference between crimes and illegal acts?

Crimes V.S Illegal ActsCrimes V.S Illegal Acts Crimes and illegal actsCrimes and illegal actsA.A. Should bear legal liability(responsibility?)Should bear legal liability(responsibility?)B.B. Both violate criminal lawBoth violate criminal lawC.C. Should be punished according to criminal Should be punished according to criminal

lawlawD.D. Are the same in the extent of injury to the Are the same in the extent of injury to the

society.society.Example:David stole 100 yuan from his fatheExample:David stole 100 yuan from his fathe

rr

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Article 3 Article 3 An act which is expressly dAn act which is expressly defined by law as a criminal efined by law as a criminal act shall be convicted of a act shall be convicted of a crime and sentenced in acccrime and sentenced in accordance with law and; if it iordance with law and; if it is not expressly defined by ls not expressly defined by law as a criminal act, it may aw as a criminal act, it may not be convicted of a crime not be convicted of a crime and sentenced. and sentenced.

Article 4 Article 4 Any person who commits a Any person who commits a crime shall be equal in appcrime shall be equal in applying the law. No person is lying the law. No person is privileged to be beyond the privileged to be beyond the law. law.

Article 5 Article 5 The seriousness of punishThe seriousness of punishment shall be determined iment shall be determined in accordance with the crin accordance with the crime committed by the crimime committed by the criminal and his criminal responal and his criminal responsibility. nsibility.

A.A.crimes and punicrimes and punishment should be shment should be prescribed in the lprescribed in the lawawB.B.punishment shopunishment should suit to crimeuld suit to crimeC.C.everyone is equaeveryone is equal before criminal ll before criminal law.aw.

Features of crimesFeatures of crimes ：： great social harmfulnegreat social harmfulness, criminal illegality, criminally punishable.ss, criminal illegality, criminally punishable.

constitutive elements of crime:constitutive elements of crime:1.1. Criminal objectCriminal object ：： the the social relationsocial relation which i which i

s protected by the criminal law while being s protected by the criminal law while being harmed by the crimeharmed by the crime

Crime object v.s crime targetCrime object v.s crime targetExample one:Jack stole a Example one:Jack stole a laptoplaptop from Rose:infr from Rose:infr

inge the ownership of the private property.inge the ownership of the private property.Example two:Tom stole the electric wire in the Example two:Tom stole the electric wire in the

storehouse,Jerry stole the electric wire in usstorehouse,Jerry stole the electric wire in use:infringe ownership of the public property/e:infringe ownership of the public property/endanger public securityendanger public security

2.2. Objective aspect of crime:it means the externObjective aspect of crime:it means the external representation of crimes.It includes the beal representation of crimes.It includes the behavior,the result and the cause-and-effect relhavior,the result and the cause-and-effect relation between the behavior and the result.ation between the behavior and the result.

3.3. Criminal subject:natural person who commitCriminal subject:natural person who committed crimes (the person must ted crimes (the person must be old enough be old enough and wise enoughand wise enough to bear criminal liability) .Uto bear criminal liability) .Units could also be criminal subject only when nits could also be criminal subject only when it is clearly stated in the law. it is clearly stated in the law.

For example:Article 128 For example:Article 128 A person who, in violation of the provisions A person who, in violation of the provisions on gun control, holds illegally or keeps in secon gun control, holds illegally or keeps in secret a gun or ……ret a gun or ……If a unit commitsIf a unit commits a crime un a crime under paragraph 2 or 3, der paragraph 2 or 3, the unit shall be sententhe unit shall be sentencedced to a fine and concurrently…… to a fine and concurrently……

Mentally HealthyMentally Healthy ？？ Article 18 Article 18

If a mental patient, at the time when he is unable to recognize If a mental patient, at the time when he is unable to recognize or control his own act, causes a dangerous result, and or control his own act, causes a dangerous result, and such a csuch a circumstance is confirmed subject to ircumstance is confirmed subject to legal procedureslegal procedures, he shall , he shall not bear criminal responsibility, but his family members or gunot bear criminal responsibility, but his family members or guardian shall be ordered to keep him strictly and arrange for hiardian shall be ordered to keep him strictly and arrange for his medical treatment and, when necessary, he shall be forced is medical treatment and, when necessary, he shall be forced into medical treatment by the government.nto medical treatment by the government.A mental patient who has an intermittent nature shall bear criA mental patient who has an intermittent nature shall bear criminal responsibility if he commits a crime at the time when hminal responsibility if he commits a crime at the time when he is in a normal mental state.e is in a normal mental state.A mental patient who does not lose completely the ability to reA mental patient who does not lose completely the ability to recognize or control his own act shall bear criminal responsibilitcognize or control his own act shall bear criminal responsibility but may be sentenced lightly or mitigatively if he commits a y but may be sentenced lightly or mitigatively if he commits a crime.crime.

QuestionQuestion ：： should an intoxicated person or drunk person be liabshould an intoxicated person or drunk person be liable for the crimes he committed? --- le for the crimes he committed? --- the action libera in cause the action libera in cause

Article 17 Article 17 A person who has attained the age of sixteen years A person who has attained the age of sixteen years shall bear criminal liability if he commits a crime.shall bear criminal liability if he commits a crime.

A person who has attained the age of fourteen yeaA person who has attained the age of fourteen years and is under the age of sixteen years shall bear rs and is under the age of sixteen years shall bear criminal liability if he commits a crime of criminal liability if he commits a crime of intentiointentional homicide, intentionally injuring another personal homicide, intentionally injuring another person to serious bodily injury or deathn to serious bodily injury or death, , raperape, , robberyrobbery, , selling drugs, arson, explosion or spreading poisoselling drugs, arson, explosion or spreading poison.n.

Under 14Under 14 ：： be exempted from any crimebe exempted from any crime 14-16(includes 14):be liable for only eight criminal 14-16(includes 14):be liable for only eight criminal

acts (acts (rather than crimesrather than crimes)) Older than 16(includes 16):be liable for any crimeOlder than 16(includes 16):be liable for any crime

AndyAndy ，， who is 15 years old, should bear thwho is 15 years old, should bear the liability of :e liability of :

A.A. Producing drugs,transporting drugs and taProducing drugs,transporting drugs and taking drugsking drugs

B.B. Taking part in white slavery and rape a woTaking part in white slavery and rape a womanman

C.C. Causing a death of a woman in unlawful deCausing a death of a woman in unlawful detentiontention

D.D. Intentionally killing a woman in unlawful dIntentionally killing a woman in unlawful detentionetention

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casescases Mike,who is 15 years old,trafficks and Mike,who is 15 years old,trafficks and

rapes women.His behavior should be drapes women.His behavior should be determined as the crime of __________.etermined as the crime of __________.

Kate who is 15 years old kills the persoKate who is 15 years old kills the person when kidnapping the man.Her behan when kidnapping the man.Her behavior should be determined as the crimvior should be determined as the crime of __________.e of __________.

raperape

intentional homicideintentional homicide

casescases Thomas,who is 15 years old kills one pThomas,who is 15 years old kills one p

erson by flooding,his behavior should erson by flooding,his behavior should be determined as the crime of _______be determined as the crime of __________.___.

Janet,who is 15 years old robs guns. HeJanet,who is 15 years old robs guns. Her behavior should be determined as thr behavior should be determined as the crime of __________.e crime of __________.

intentional homicideintentional homicide

robberyrobbery

In Li Tianyi’s case,is he(17 years old )In Li Tianyi’s case,is he(17 years old )criminally liable for his behavior?criminally liable for his behavior?

As the news stated,the victim in the caAs the news stated,the victim in the case was willing to compromise with Li Tse was willing to compromise with Li Tianyi.Does that mean Li would be exemianyi.Does that mean Li would be exempted?pted?

No complaint,no trial.—civil cases and No complaint,no trial.—civil cases and five criminal cases:crime of insult,crimfive criminal cases:crime of insult,crime of defamation,crime of forcibly interfe of defamation,crime of forcibly interfere with another person's freedom of ere with another person's freedom of marriage,the crime of maltreat family marriage,the crime of maltreat family member,the crime of embezzlement. member,the crime of embezzlement.

Li’s case is handled by Juvenile procurLi’s case is handled by Juvenile procuratorial Office,is it lawful?atorial Office,is it lawful?

Li Tianyi is a person who can bear compLi Tianyi is a person who can bear complete criminal liability,but he is still a juvlete criminal liability,but he is still a juvenile(under 18).enile(under 18).

Somebody between14 and 18 years old-- Somebody between14 and 18 years old-- shouldshould be given a lesser punishment or be given a lesser punishment or a mitigated punishment—no investigatia mitigated punishment—no investigation,no right to comment.on,no right to comment.

Rape by turns—aggravated circumastanRape by turns—aggravated circumastancece

Subjective aspect of crimesSubjective aspect of crimes ：： one’s mone’s mental attitude towards his behavior and tental attitude towards his behavior and the result,includes intentional crime and he result,includes intentional crime and involuntary crime.involuntary crime.

Intentional crimes could be devided intIntentional crimes could be devided into two categories:direct intentional crimo two categories:direct intentional crime(the actor clearly knows the crime will e(the actor clearly knows the crime will harm the society but he harm the society but he looks forward tolooks forward to it)and indirect intentional crime(the actit)and indirect intentional crime(the actor clearly know the result of the crime bor clearly know the result of the crime but he ut he doesn’t care aboutdoesn’t care about it) it)

Criminal negligenceCriminal negligence ：： the actor shoulthe actor should foresee the outcome of his behavior d foresee the outcome of his behavior but because of carelessness,he didn’t but because of carelessness,he didn’t foresee the result(careless negligence),foresee the result(careless negligence),or he had foreseen the result but he beor he had foreseen the result but he believed that he could avoid the result(nelieved that he could avoid the result(negligence with undue assumption).gligence with undue assumption).

Case one:Betty intends to kill her husbCase one:Betty intends to kill her husband because he maltreated her for maand because he maltreated her for many years.She decides to put poison in hny years.She decides to put poison in her husband’s soup.She clearly knows er husband’s soup.She clearly knows that her son often tastes soup in her huthat her son often tastes soup in her husband’s bowl,she still decides to comsband’s bowl,she still decides to commit the crime.So toward her husbanmit the crime.So toward her husband’s death,her attitude is________.Tod’s death,her attitude is________.Towards her son’s death,her attitude is_wards her son’s death,her attitude is________._______.

Direct intentionDirect intention

Indirect intentionIndirect intention

Case Two:Tom and Jerry are shooters on the sCase Two:Tom and Jerry are shooters on the same team.One day,during the break,Tom aimame team.One day,during the break,Tom aimed at Jerry in order to made fun of Jerry,said:ed at Jerry in order to made fun of Jerry,said:I’ll kill you.To their surprise,the gun discharI’ll kill you.To their surprise,the gun discharged accidentally and killed Jerry.Towards Jerrged accidentally and killed Jerry.Towards Jerry’s death,Tom is in _______________.y’s death,Tom is in _______________.

Case Three:Newton is a farmer who has an orCase Three:Newton is a farmer who has an orchard.In order to aviod theft,he erected electrchard.In order to aviod theft,he erected electric grid around his garden.He knew that peoplic grid around his garden.He knew that people might get hurt by touching the grid so he use might get hurt by touching the grid so he used certain equipment to control the electric pred certain equipment to control the electric pressure.Joe intended to steal some fruit on a raiessure.Joe intended to steal some fruit on a rainy day and got badly hurt.Towards Joe’s hurt,ny day and got badly hurt.Towards Joe’s hurt,Newton is in _______________________.Newton is in _______________________.

careless negligencecareless negligence

negligence with undue assumptionnegligence with undue assumption

Case Four:Wu Bin’s case.Wu Bin was Case Four:Wu Bin’s case.Wu Bin was a coach driver.He was hit by a metal tha coach driver.He was hit by a metal thing and in the last minutes of his life,hing and in the last minutes of his life,he tried every effort to control the coach e tried every effort to control the coach in order to save all the passagers in the in order to save all the passagers in the coach.Some days later,according to thcoach.Some days later,according to the police’s report,the metal thing is a e police’s report,the metal thing is a piece of the break drum from a truck.Tpiece of the break drum from a truck.Towards Wu Bin’s death,the driver of towards Wu Bin’s death,the driver of the truck is in ________he truck is in ________.

××

It’s an accident—cannot foresee.

ExemptionsExemptions1.1. Accident:the cause of the harmful result is unavoidable Accident:the cause of the harmful result is unavoidable

and unforeseeable rather than people’s intention of nand unforeseeable rather than people’s intention of negligence.egligence.

2. Justifiable Defence:in order to avoid :in order to avoid infringementinfringement on t on the interests of the country,of the society,of citizen’s bhe interests of the country,of the society,of citizen’s body or property,one may do something to stop the crimody or property,one may do something to stop the crime.If one’s said act causes harm to the unlawful infringe.If one’s said act causes harm to the unlawful infringer, er, the said act shall be regarded as a justifiable defense and the said person shall not bear criminal liability.

If a justifiable defense apparently exceeds the limits of If a justifiable defense apparently exceeds the limits of necessity, thus causing a serious harm, the person invonecessity, thus causing a serious harm, the person involved shall bear criminal liability, but be given a mitigatlved shall bear criminal liability, but be given a mitigated punishment or be exempt from punishment.ed punishment or be exempt from punishment.If a person employs an act of defense to anIf a person employs an act of defense to an immediate immediate violent crime of committing violent crime of committing physical assault, homicide,physical assault, homicide, robbery, rape, kidnapping or any other crime seriousl robbery, rape, kidnapping or any other crime seriously endangering the safety of another persony endangering the safety of another person, thus causi, thus causing bodily injury or death to the unlawful infringer, the ng bodily injury or death to the unlawful infringer, the said act shall not be regarded as a defense that exceeds said act shall not be regarded as a defense that exceeds the limits of necessity, and the said person shall not bethe limits of necessity, and the said person shall not bear criminal responsibility. –unlimited defense rightar criminal responsibility. –unlimited defense right

Case one:Jack encountered Rose in the street Case one:Jack encountered Rose in the street and found Rose a beautiful girl.He followeand found Rose a beautiful girl.He followed Rose and tried to rape her.He got a chancd Rose and tried to rape her.He got a chance beside a river and caught Rose suddenly.e beside a river and caught Rose suddenly.By accident,Jack fell into the river when he By accident,Jack fell into the river when he was wrestling with Rose.Jack can’t swim swas wrestling with Rose.Jack can’t swim so he asked Rose to save him. o he asked Rose to save him. Rose refused.Rose refused. Several minutes later,Jack was exhausted aSeveral minutes later,Jack was exhausted and he promised to stop the crime.Rose negnd he promised to stop the crime.Rose neglected it.Jack tried very hard and finally he lected it.Jack tried very hard and finally he crawled back to the bank.Rose saw that ancrawled back to the bank.Rose saw that and d kicked Jack back to the riverkicked Jack back to the river. Jack died th. Jack died this time.Is Rose liable for Jack’s death?is time.Is Rose liable for Jack’s death?

Case Two:Janet works for a kindergarten and onCase Two:Janet works for a kindergarten and one day,she took 8 kids to the zoo to have fun.One day,she took 8 kids to the zoo to have fun.One of the kid fell into the river in the zoo,but Jane of the kid fell into the river in the zoo,but Janet can’t swim so she just stood by the river anet can’t swim so she just stood by the river and shouted for help.20 minutes later,Alex passed shouted for help.20 minutes later,Alex passed by and saw what happened.He was so angry td by and saw what happened.He was so angry that the Janet didn’t save the kid so he knockehat the Janet didn’t save the kid so he knocked Janet with a stick and jumped into the river td Janet with a stick and jumped into the river to save the kid.Sadly,the kid was drowned and Jo save the kid.Sadly,the kid was drowned and Janet was badly hurt.Is Alex responsible for the anet was badly hurt.Is Alex responsible for the kid’s death?What about Janet’s hurt?kid’s death?What about Janet’s hurt?

NO/YES—NO/YES—positive infringement only(negative infpositive infringement only(negative infringement or infringement caused by negative ringement or infringement caused by negative act should be excluded here)act should be excluded here)

3.3. Emergency actionEmergency action ：： A person who, for the purposes of avoiding an immediate danger to the State's interest,to the public interest or to his own or another person's personal right or property right ,is compelled to employs an act under emergency, thus causing a harm, shall not bear criminal liability.

If an act under emergency to avert danger exceeds the limits of necessity, thus causing an undue harm, the person involved shall bear criminal liability, but be given a mitigated punishment or exempt from punishment.

Case one:Bill is a farmer.One day,he was haCase one:Bill is a farmer.One day,he was having rest beside the road after working in thving rest beside the road after working in the field.He found that there were two childree field.He found that there were two children playing in the middle of the road.Some timn playing in the middle of the road.Some time later,Bill saw a truck far away which was he later,Bill saw a truck far away which was heading towards them,he knew that the two keading towards them,he knew that the two kids didn’t notice the truck.He run very fast ids didn’t notice the truck.He run very fast and pushed the kids to waterway at the last and pushed the kids to waterway at the last moment.But one of the kids knocked his heamoment.But one of the kids knocked his head on a stone and got badly hurt.Is Bill liable fd on a stone and got badly hurt.Is Bill liable for the kid’s hurt?or the kid’s hurt?

Of course not.Of course not.

Case two:John steered a ship from South Case two:John steered a ship from South America back to China.He got an early wAmerica back to China.He got an early warning of typhoon on the high sea.John tarning of typhoon on the high sea.John thought that it’s impossible to harbor on hought that it’s impossible to harbor on the high sea and in order to escape from the high sea and in order to escape from the typhoon,John commanded his crew tthe typhoon,John commanded his crew to throw 10% of the goods to the sea.Severo throw 10% of the goods to the sea.Several hours later,the typhoon changed its dial hours later,the typhoon changed its direction.Should John be liable for the loss?rection.Should John be liable for the loss?

No.Emergency action is still true in the cNo.Emergency action is still true in the case although the disaster didn’t actually ase although the disaster didn’t actually happen.happen.

Case Three:Philip is a fireman.One day,Case Three:Philip is a fireman.One day,his fire brigade got a fire alarm and rushhis fire brigade got a fire alarm and rushed to the scene of fire.Philip found it waed to the scene of fire.Philip found it was a toy factory caught fire and there was s a toy factory caught fire and there was no worker in the factory.The fire was so no worker in the factory.The fire was so big that Philip decided to retreat in ordebig that Philip decided to retreat in order to protect himself.As people’s life is r to protect himself.As people’s life is more precious than any property,we shomore precious than any property,we should take Philip’s behavior as the emerguld take Philip’s behavior as the emergency action. ency action.

×× Emergency action is not an exemptEmergency action is not an exempt

ion for person who has professionaion for person who has professional duty.l duty.

Criminal PatternCriminal Pattern1.1. Preparation of crime :Preparing the instruPreparation of crime :Preparing the instru

ment of crimes or creating conditions for tment of crimes or creating conditions for the crimehe crime

A person who prepares for a crime A person who prepares for a crime maymay be be given a lighter or mitigated punishment or given a lighter or mitigated punishment or be exempt frombe exempt from punishment in compariso punishment in comparison with one who consummates the crime. n with one who consummates the crime.

2.2. Attempt of a crime:a crime has already begAttempt of a crime:a crime has already begun but is prevented from completing by reun but is prevented from completing by reasons independent of the criminal's will—asons independent of the criminal's will—unwilling to stop committing crimeunwilling to stop committing crime

A person who attempts to commit a crime A person who attempts to commit a crime maymay be given a lighter or mitigated punish be given a lighter or mitigated punishment in comparison with one who consumment in comparison with one who consummates the crime.mates the crime.

3.3. Discontinuance of a crime:in the course of commissiDiscontinuance of a crime:in the course of commission of a crime, the criminal voluntarily quits continuion of a crime, the criminal voluntarily quits continuing the crime or voluntarily and effectively prevents tng the crime or voluntarily and effectively prevents the results of the crime from occurring—willingly to she results of the crime from occurring—willingly to stoptop

A person who discontinues a crime A person who discontinues a crime shallshall be exempt f be exempt from punishment if no harm is caused and; if a harm irom punishment if no harm is caused and; if a harm is caused, be given a mitigated punishment.s caused, be given a mitigated punishment.

4.4. Accomplished Crime:the criminal should be punisheAccomplished Crime:the criminal should be punished in accordance with criminal law.d in accordance with criminal law.

The size of The size of personal dangerpersonal danger and and subjective malignancsubjective malignancyy are taking into consideration when designing the p are taking into consideration when designing the punishement.unishement.

Only the punishment of accomplished crime could bOnly the punishment of accomplished crime could be found in the criminal law.Judges will use their discre found in the criminal law.Judges will use their discretion to decide how to punish different criminal patteetion to decide how to punish different criminal pattern other than accomplished crime.rn other than accomplished crime.

Fill in the blanks with the different criminal patternFill in the blanks with the different criminal patterns.s. John and Jessica are roommates.John planned tJohn and Jessica are roommates.John planned t

o murder Jessica for a long time and he had bouo murder Jessica for a long time and he had bought some poison for the murder(_____________ght some poison for the murder(______________).One day,they drank coffee together and John _).One day,they drank coffee together and John put the pills in Jessica’s cup when she went to put the pills in Jessica’s cup when she went to the bathroom.(the bathroom.(initiate the crimeinitiate the crime).—to distinguis).—to distinguish preparation and perpetrationh preparation and perpetration

Jessica drank the coffee and died.(____________Jessica drank the coffee and died.(______________)__)

Jessica came back and knocked over the cup.(__Jessica came back and knocked over the cup.(__________)________)

Jessica came back and was about to drink the coJessica came back and was about to drink the coffee.Considering the punishment he might get iffee.Considering the punishment he might get in the future,John changed his mind.He got the n the future,John changed his mind.He got the cup off her and smashed it.(_________________)cup off her and smashed it.(_________________)

preparation of crimepreparation of crime

attempt of a crimeattempt of a crime

discontinuance of a crimediscontinuance of a crime

accomplished crimeaccomplished crime

Criminal LiabilityCriminal Liability A person who is under the age of 14 years old bears no A person who is under the age of 14 years old bears no criminal criminal

liability in any case.liability in any case. A person who has attained the age of sixteen years shall bear crA person who has attained the age of sixteen years shall bear cr

iminal liability if he commits a crime.iminal liability if he commits a crime. A person who has attained the age of fourteen years and is undA person who has attained the age of fourteen years and is und

er the age of sixteen years shall bear criminal liaibility if he coer the age of sixteen years shall bear criminal liaibility if he commits a crime of intentional homicide, intentionally injuring ammits a crime of intentional homicide, intentionally injuring another person to serious bodily injury or death, rape, robbery, snother person to serious bodily injury or death, rape, robbery, selling drugs, arson, explosion or spreading poison.elling drugs, arson, explosion or spreading poison.

A person who has attained the age of fourteen years and is undA person who has attained the age of fourteen years and is under the age of eighteen years shall be sentenced lightly or mitigater the age of eighteen years shall be sentenced lightly or mitigatively if he commits a crime.ively if he commits a crime.

If a person commits a crime and is not sentenced criminally beIf a person commits a crime and is not sentenced criminally because he is under the age of sixteen years, his guardian shall be cause he is under the age of sixteen years, his guardian shall be ordered to control and educate him and, when necessary, he mordered to control and educate him and, when necessary, he may be taken in by the government for education. ay be taken in by the government for education.

A deaf-mute or blind person who commits a crime A deaf-mute or blind person who commits a crime may be given a may be given a lighter or mitigatedlighter or mitigated punishment or b punishment or be exempt from punishment. e exempt from punishment.

The death penalty shall not be applied to a person wThe death penalty shall not be applied to a person who has not attained the age of eighteen years at the tho has not attained the age of eighteen years at the time ime when he commits the crimewhen he commits the crime or to a woman who or to a woman who is pregnant is pregnant at the time of trial. at the time of trial.

A person who has attained 75 years old may be giveA person who has attained 75 years old may be given a lighter or mitigated punishment if he commits in a lighter or mitigated punishment if he commits intentional crimes.He shall be given a lighter of mitintentional crimes.He shall be given a lighter of mitigated punishment if he commits involuntary crimes.gated punishment if he commits involuntary crimes.The death penalty shall not be applied to a person wThe death penalty shall not be applied to a person who has attained the age of 75,only if he cuased death ho has attained the age of 75,only if he cuased death of others by using especially cruel means.of others by using especially cruel means.

Heavier or lighter:Heavier or lighter: If, under the provisio If, under the provisions of this Law, the circumstances of a crins of this Law, the circumstances of a crime call for a heavier or a lighter punishme call for a heavier or a lighter punishment, the criminal shall be sentenced to ment, the criminal shall be sentenced to a punishment within the limits of the prea punishment within the limits of the prescribed punishment.scribed punishment.

Mitigated:Mitigated: If, under the provisions of this If, under the provisions of this Law, the circumstances of a crime call foLaw, the circumstances of a crime call for a mitigated punishment, the criminal sr a mitigated punishment, the criminal shall be sentenced to a punishment less thhall be sentenced to a punishment less than the prescribed punishment. an the prescribed punishment.

ExampleExample A person who intentionally commits homicide shall A person who intentionally commits homicide shall

be sentenced to death, life imprisonment or fixed-tebe sentenced to death, life imprisonment or fixed-term imprisonment of not less than ten years; rm imprisonment of not less than ten years; （（ X≥X≥10 years10 years ））

and if the circumstance is relatively minor, to fixed-and if the circumstance is relatively minor, to fixed-term imprisonment of not less than three years and term imprisonment of not less than three years and not more than ten years. not more than ten years.

（（ 10 years﹥X ≥3 years10 years﹥X ≥3 years ）） For a 17-year-old person who commits homicide shFor a 17-year-old person who commits homicide sh

all be given a lighter punishment: maybe 12 yearsall be given a lighter punishment: maybe 12 years For a 17-year-old person who commits homicide shFor a 17-year-old person who commits homicide sh

all be given a mitigated punishment: maybe 8 yearsall be given a mitigated punishment: maybe 8 years

Sympathizing with the aged and children Sympathizing with the aged and children in ancient Chinese lawin ancient Chinese law

The Western Zhou Dynasty:The Western Zhou Dynasty: 《礼记《礼记 ·· 曲礼》：“七十曰悼，八十、九十曲礼》：“七十曰悼，八十、九十

曰耄，虽有罪不加刑焉。” 曰耄，虽有罪不加刑焉。” 《周礼《周礼 ·· 秋官秋官 ·· 司刺》中有关于“三赦”的司刺》中有关于“三赦”的

规定：“一赦曰幼弱，再赦曰老耄，三赦规定：“一赦曰幼弱，再赦曰老耄，三赦曰蠢愚。” 曰蠢愚。” (under 8,above 80)(under 8,above 80)

The Warring States PeriodThe Warring States Period 李悝《法经》：“年六十以上，小罪情减，李悝《法经》：“年六十以上，小罪情减，

大罪理减。” 大罪理减。”

Joint CrimeJoint Crime A joint crime means anA joint crime means an intentional intentional crime committed joi crime committed joi

ntly by two or more persons.ntly by two or more persons. A negligent crime committed jointly by two or more perA negligent crime committed jointly by two or more per

sons shall not be treated and punished as a joint crime; sons shall not be treated and punished as a joint crime; and if the persons involved shall bear criminal responsiand if the persons involved shall bear criminal responsibility, they shall be sentenced separately upon the crimbility, they shall be sentenced separately upon the crimes they commit.es they commit.

A person who organizes or leads a criminal group to carA person who organizes or leads a criminal group to carry out criminal activities or plays a principal role in a jory out criminal activities or plays a principal role in a joint crime is the int crime is the principal criminalprincipal criminal..

A relatively stable criminal organization which is compA relatively stable criminal organization which is composed of three or more persons jointly for committing a cosed of three or more persons jointly for committing a crime is the criminal group.rime is the criminal group.

A ringleader who organizes or leads a criminal group shA ringleader who organizes or leads a criminal group shall be sentenced upon all the crimes the group commits.all be sentenced upon all the crimes the group commits.

A principal criminal other than those set forth in paragrA principal criminal other than those set forth in paragraph 3 shall be sentenced upon all the crimes he participaph 3 shall be sentenced upon all the crimes he participates in or organizes or commands.ates in or organizes or commands.

A person who plays a A person who plays a secondary or auxiliarysecondary or auxiliary role in role in a joint crime is the accomplice.a joint crime is the accomplice.An accomplice shall be given a lighter or mitigated An accomplice shall be given a lighter or mitigated punishment or be exempt from punishment.punishment or be exempt from punishment.

A person who is A person who is compelledcompelled to participate in a crime to participate in a crime shall be given a mitigated punishment or be exempt shall be given a mitigated punishment or be exempt from punishment upon the circumstances of his crifrom punishment upon the circumstances of his crime.me.

A person who A person who instigatesinstigates another person to commit another person to commit a crime shall be sentenced upon the role he has plaa crime shall be sentenced upon the role he has played in the joint crime. A person who instigates anotyed in the joint crime. A person who instigates another person who is under the age of eighteen years ther person who is under the age of eighteen years to commit a crime shall be sentenced heavily.o commit a crime shall be sentenced heavily.If the instigated person has not committed the instiIf the instigated person has not committed the instigated crime, the instigator may be given a lighter or gated crime, the instigator may be given a lighter or mitigated punishment.mitigated punishment.

Which of the following cases are joint crimeWhich of the following cases are joint crimes?s?

11 、、 Andy and Alex are co-workers in a factory.Andy and Alex are co-workers in a factory.One day,they worked together to unload the cOne day,they worked together to unload the cargo from a truck.They worked as they chatteargo from a truck.They worked as they chatted with each other.Unfortunately,the things thd with each other.Unfortunately,the things they threw out from the truck hurt a passerby aey threw out from the truck hurt a passerby and caused death of the person. nd caused death of the person.

22 、、 Andy and Alex intended to kill Ben,they taAndy and Alex intended to kill Ben,they talked about the plan together for many times.Olked about the plan together for many times.One day,they took the knives with them and wene day,they took the knives with them and went to Ben’s home.Just before knocking at the nt to Ben’s home.Just before knocking at the door,Andy’s wife called him and persuaded door,Andy’s wife called him and persuaded him to stop.Andy listened to his wife and left.him to stop.Andy listened to his wife and left.Alex killed Ben himself.Alex killed Ben himself. √

××

33 、、 Star company and Sky company coopStar company and Sky company cooperated with each other and gained one milerated with each other and gained one million yuan from Moon Middle School by uslion yuan from Moon Middle School by using bogus contract. (legal person)ing bogus contract. (legal person)

44 、、 Linda is a professional thief.One day,sLinda is a professional thief.One day,she told her friend,Jane the “tricks” she ohe told her friend,Jane the “tricks” she often used.Jane used the tricks the next day ften used.Jane used the tricks the next day and stole 3000 yuan.and stole 3000 yuan.

55 、、 TimTim （（ 25-year-old25-year-old ）） instigated Jackyinstigated Jacky(15-year-old)to steal money. (15-year-old)to steal money.

66 、、 TimTim （（ 25-year-old25-year-old ）） instigated Jackyinstigated Jacky(15-year-old)to kill somebody.(15-year-old)to kill somebody.

√

×--teaching the method≠instigation

√

×--indirect principal

Types of PunishmentTypes of Punishment The principal punishmentThe principal punishment

s s

1. public surveillance; 1. public surveillance;

2. criminal detention; 2. criminal detention;

3. fixed-term imprisonme3. fixed-term imprisonment; nt;

4. life imprisonment; and 4. life imprisonment; and

5. death penalty.5. death penalty.

The supplementary punThe supplementary punishments are as follows: ishments are as follows:

1. financial penalties; 1. financial penalties;

2. deprivation of politic2. deprivation of political rights; and al rights; and

3. confiscation of prope3. confiscation of property.rty.

The supplementary punishments may be applied independently.