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

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

Order of the President of the People's Republic of China No. 18

December 29, 2023

The Amendment XII to the Criminal Law of the People's Republic of China, adopted by the Seventh Session of the Standing Committee of the 14th National People's Congress of the People's Republic of China on December 29, 2023, is hereby issued, and shall take effect on March 1, 2024.

Xi Jinping, President of the People's Republic of China

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

(Adopted by the Seventh Session of the Standing Committee of the 14th National People's Congress on December 29, 2023)

1. A paragraph shall be added as Paragraph 2 to Article 165 of the Criminal Law, and this article shall be amended to read: "Any director, supervisor, or senior manager of a State-owned company or enterprise who, taking advantage of his office, operates for himself or for another the same business as that of the company or enterprise in which he holds the office and obtains illegal interests, if the amount involved is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, along with a fine or solely a fine; if the amount is particularly huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, along with a fine.
"Any director, supervisor, or senior manager of any other company or enterprise who, in violation of laws or administrative regulations, commits the acts specified in the preceding paragraph, causing heavy losses to the interests of the company or enterprise, shall be penalized in accordance with the provisions of the preceding paragraph."

2.
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