The Amendment (XI) to the Criminal Law of the People's Republic of China was adopted at the 24th meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 26, 2020, and is hereby promulgated and shall come into force as of March 1, 2021.

(Adopted at the 24th Meeting of the Standing Committee of the 13th National People's Congress on December 26, 2020)
I.
Article 17 of the Criminal Law shall be revised to read: "A person who has reached the age of sixteen and commits a crime shall bear criminal responsibility."
A person who has reached the age of 14 but is under 16 and commits the crimes of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion or the release of dangerous substances shall bear criminal responsibility.
A person who has reached the age of twelve but is under fourteen years old and commits the crime of intentional homicide or intentional injury, causing death or serious injury to another person by especially cruel means resulting in severe disability, and the circumstances are extremely bad, shall bear criminal responsibility if approved for prosecution by the Supreme People's Procuratorate.
Persons under the age of 18 who are held criminally responsible in accordance with the provisions of the preceding three paragraphs shall be given a lighter or mitigated punishment.
Where a person is not subject to criminal punishment for being under the age of sixteen, his or her parents or other guardians shall be ordered to discipline him or her. When necessary, carry out specialized corrective education in accordance with the law.
Ii.
After Article 133-1 of the Criminal Law, add a new article as Article 133-2: "Whoever uses violence or snatches the driving control device against the driver of a public transport vehicle in motion, thereby interfering with the normal operation of the public transport vehicle and endangering public safety, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also or solely be fined."
Where a driver as prescribed in the preceding paragraph leaves his post without permission on a public transport vehicle in motion, fights with or assaults others, thereby endangering public safety, he shall be punished in accordance with the provisions of the preceding paragraph.
Where the acts mentioned in the preceding two paragraphs also constitute other crimes, the offender shall be convicted and punished in accordance with the provision carrying the heavier penalty.
Iii.
Article 134, Paragraph 2 of the Criminal Law shall be revised as follows: "Whoever forces others to violate regulations and take risks in their operations, or who, knowing that there are major accident hazards but not eliminating them, still takes risks in organizing operations, thereby causing major casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Where the circumstances are especially heinous, the offender shall be sentenced to fixed-term imprisonment of not less than five years.
Four
After Article 134 of the Criminal Law, add a new article as Article 134-1: "Where, in the course of production or operation, any of the following circumstances is violated and there is a real danger of causing a major casualty accident or other serious consequences, the offender shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance:"
(1) Shutting down, damaging monitoring, alarm, protective or life-saving equipment and facilities directly related to production safety, or tampering with, concealing or destroying their relevant data and information;
(2) Where a company is lawfully ordered to suspend production or business operations, construction, use of relevant equipment, facilities or premises, or immediately take rectification measures to eliminate the danger due to major accident hazards, but refuses to comply;
(3) Engaging in highly dangerous production and operation activities such as mining, metal smelting, construction, and the production, operation and storage of dangerous goods without approval or permission in accordance with the law.
V.
Article 141 of the Criminal Law is revised to read: "Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined." Those who cause serious harm to human health or have other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. Whoever causes death or has other especially serious circumstances shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death, and shall also be fined or have his property confiscated.
Personnel of a drug-using entity who, knowing that the drug is counterfeit, provide it to others for use shall be punished in accordance with the provisions of the preceding paragraph.
Six
Article 142 of the Criminal Law is revised to read: "Whoever produces or sells substandard drugs, causing serious harm to human health, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined." If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have his property confiscated.
Personnel of a drug-using entity who, knowing that the drug is substandard, provide it to others for use shall be punished in accordance with the provisions of the preceding paragraph.
Vii.
After Article 142 of the Criminal Law, add a new article as Article 142-1: "Whoever violates the regulations on the administration of drugs and commits any of the following acts, which is sufficient to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; Those who cause serious harm to human health or have other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
(1) Producing or selling drugs prohibited from use by the drug regulatory department of The State Council;
(2) Producing or importing drugs without obtaining the relevant approval documents for drugs, or selling drugs known to be the above-mentioned ones;
(3) Providing false certificates, data, materials, samples or using other deceptive means in the application and registration of drugs;
(4) Fabricating production and inspection records.
Where a person commits the act as mentioned in the preceding paragraph and at the same time constitutes the crime prescribed in Article 141 or Article 142 of this Law or any other crime, he shall be convicted and punished in accordance with the provision carrying the heavier penalty.
Viii.
Article 160 of the Criminal Law shall be revised as follows: Whoever conceals important facts or fabricates major false content in the prospectus, subscription form, methods for raising funds for company or enterprise bonds or other issuance documents, and issues stocks or company or enterprise bonds, depositary receipts or other securities recognized by The State Council in accordance with the law, with a huge amount involved, serious consequences or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. A fine shall be imposed concurrently or solely; Where the amount involved is especially huge, the consequences are especially serious or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.
Where the controlling shareholder or actual controller organizes or instructs the implementation of the acts mentioned in the preceding paragraph, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than 20 percent but not more than one times the amount of illegally raised funds. Where the amount involved is especially huge, the consequences are especially serious or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than 20 percent but not more than one times the amount of illegally raised funds.
Where a unit commits the crimes mentioned in the preceding two paragraphs, the unit shall be fined not less than 20 percent but not more than one times the amount of illegally raised funds, and the persons directly in charge and other persons directly responsible shall be punished in accordance with the provisions of the first paragraph.
IX
Article 161 of the Criminal Law shall be revised as follows: Where a company or enterprise that is legally obligated to disclose information provides false or conceals important facts in its financial and accounting reports to shareholders and the public, or fails to disclose other important information as required by law, seriously damaging the interests of shareholders or other persons, or has other serious circumstances, the person directly in charge and other directly responsible personnel shall be held accountable. Sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined; Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
Where the controlling shareholder or actual controller of the company or enterprise as prescribed in the preceding paragraph implements or organizes or instigates the implementation of the acts as prescribed in the preceding paragraph, or conceals relevant matters resulting in the occurrence of the circumstances as prescribed in the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.
Where the controlling shareholder or actual controller of the crime mentioned in the preceding paragraph is a unit, a fine shall be imposed on the unit, and the persons directly in charge and other persons directly responsible shall be punished in accordance with the provisions of the first paragraph.
X.
Article 163, Paragraph 1 of the Criminal Law shall be revised as follows: "Where a staff member of a company, enterprise or other entity takes advantage of his position to solicit or illegally accept property from others and seek benefits for others in a relatively large amount, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined." Where the amount involved is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. Where the amount involved is especially huge or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined.
Eleven
Article 175-1, Paragraph 1 of the Criminal Law shall be revised as follows: "Whoever obtains loans, bill acceptance, letters of credit, guarantees, etc. from banks or other financial institutions by deceptive means, causing major losses to banks or other financial institutions, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined;" Those who cause especially serious losses to banks or other financial institutions or have other especially serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Twelve
Article 176 of the Criminal Law is revised to read: "Whoever illegally absorbs public deposits or absorbs public deposits in a disguised manner, thereby disrupting the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined;" Where the amount involved is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. Where the amount involved is especially huge or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined.
Where a unit commits the crime mentioned in the preceding paragraph, a fine shall be imposed on the unit, and the persons directly in charge and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.
Where a person has committed the acts mentioned in the preceding two paragraphs and actively returns the ill-gotten gains or makes compensation before the public prosecution is initiated, thereby reducing the occurrence of damage, he may be given a lighter or mitigated punishment.
Thirteen
Article 182, Paragraph 1 of the Criminal Law shall be revised as follows: "Whoever, under any of the following circumstances, manipulates the securities or futures market and affects the trading prices or trading volumes of securities or futures, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined;" Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
(1) Alone or in collusion, concentrating capital advantages, shareholding or position advantages, or taking advantage of information advantages to jointly or continuously trade;
(2) Colluding with others to conduct securities or futures trading with each other at a pre-agreed time, price and method;
(3) Conducting securities trading between accounts under one's own actual control, or buying and selling futures contracts with oneself as the trading object;
(4) Without the purpose of transaction, frequently or in large quantities declare the purchase or sale of securities or futures contracts and then cancel the declaration;
(5) Inducing investors to engage in securities or futures trading by using false or uncertain material information;
(6) Publicly making evaluations, predictions or investment suggestions on securities, securities issuers or futures trading targets, while conducting reverse securities trading or related futures trading;
(7) Manipulating the securities or futures market by other means.
Fourteen
Article 191 of the Criminal Law shall be revised as follows: Where any of the following acts is committed to conceal or cover up the source and nature of the proceeds and benefits generated from drug-related crimes, crimes committed by organizations with mafia-like characteristics, terrorist activities, smuggling, embezzlement and bribery, crimes that disrupt the order of financial management, or financial fraud, the proceeds and benefits generated from the above-mentioned crimes shall be confiscated and the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. A fine shall be imposed concurrently or solely; If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
(1) Providing a capital account;
(2) Converting property into cash, financial instruments or securities;
(3) Transferring funds through account transfer or other payment and settlement methods;
(4) Cross-border transfer of assets;
(5) Concealing or disguising the source and nature of the proceeds of crime and their gains by other means.
Where a unit commits the crime mentioned in the preceding paragraph, a fine shall be imposed on the unit, and the persons directly in charge and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.
Fifteen
Article 192 of the Criminal Law is revised to read: "Whoever, with the intent of illegal possession, uses fraudulent methods to illegally raise funds in a relatively large amount shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined." Where the amount involved is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have his property confiscated.
Where a unit commits the crime mentioned in the preceding paragraph, a fine shall be imposed on the unit, and the persons directly in charge and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.
Sixteen
Article 200 of the Criminal Law is revised to read: "Where a unit commits the crimes prescribed in Articles 194 and 195 of this section, the unit shall be fined, and the persons directly in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may also be fined." Where the amount involved is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined. Where the amount involved is especially huge or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined.
Seventeen
Article 213 of the Criminal Law is revised to read: "Whoever, without the permission of the owner of a registered trademark, uses on the same kind of goods or services a trademark identical with the registered trademark, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or solely be fined;" Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Eighteen
Article 214 of the Criminal Law is revised to read: "Whoever sells goods bearing counterfeit registered trademarks, knowing that the illegal gains are relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or solely be fined;" Where the amount of illegal gains is huge or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Nineteen
Article 215 of the Criminal Law is revised to read: "Whoever forges or manufactures without authorization the registered trademark labels of others or sells the forged or unauthorized manufactured registered trademark labels, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or solely be fined;" Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Twenty
Article 217 of the Criminal Law is revised to read: "Whoever, for the purpose of making profits, commits any of the following acts infringing upon copyright or rights related to copyright, and the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or solely be fined;" Where the amount of illegal gains is huge or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
(1) Reproducing and distributing, or disseminating to the public through information networks the written works, music, fine arts, audio-visual works, computer software and other works as prescribed by laws and administrative regulations of the copyright owner without their permission;
(2) Publishing books for which others have exclusive publishing rights;
(3) Reproducing and distributing or disseminating to the public through information networks the sound recordings or video recordings produced by the producers without their permission;
(4) Reproducing and distributing audio or video recordings of a performer's performance without their permission, or disseminating their performance to the public through information networks;
(5) Producing or selling counterfeit artworks bearing the signature of others;
(6) Without the permission of the copyright owner or the right holder related to copyright, intentionally circumvents or destroys the technical measures taken by the right holder to protect the copyright or the rights related to copyright for their works, sound recordings, video recordings, etc.
Twenty-one
Article 218 of the Criminal Law is revised to read: "Whoever, for the purpose of making profits, sells infringing reproductions knowing that they are as prescribed in Article 217 of this Law, and the illegal gains are huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years and shall also or solely be fined."
Twenty-two
Article 219 of the Criminal Law shall be revised to read: "There are the following infringements.