China: Decision of the Standing Committee of the National People's Congress regarding the Handling of Criminals undergoing Reform through Labour and Persons undergoing Rehabilitation through Labour who escape or commit New Crimes - China Law No. 93

At present, among the criminals who are seriously endangering public security, there is a considerable number who have escaped from the places where they were undergoing reform or rehabilitation through labour, or who have continued to commit crimes after being released upon the completion of their term, refusing to mend their ways despite repeated admonitions. In order to maintain public security and strengthen the education of criminals who are undergoing reform through labour and persons who are undergoing rehabilitation through labour, the following Decision is made.

1.

Persons undergoing rehabilitation through labour who escape shall have their period of rehabilitation extended.

Persons who commit crimes within three years after their release from rehabilitation through labour or who commit crimes within five years after their escape from the place of rehabilitation shall be given a heavier punishment and have their city residence registrations cancelled. Upon the completion of their new term, except for those who have truly reformed, they shall be employed at the place of rehabilitation and may not return to the large or medium-sized cities where they originally lived. In those cases not serious enough for criminal sanctions, the offenders shall undergo rehabilitation through labour again or have their period of rehabilitation extended, and they may have their city residence registrations cancelled. Upon completion of their new term, they shall in general be employed at the place of rehabilitation and may not return to the large or medium-sized cities where they originally lived.

2.

Criminals undergoing reform through labour who escape shall be sentenced to fixed-term imprisonment of not more than five years, in addition to the term originally decided, which shall still be executed; those who escape by violent or threatening methods shall be additionally sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

Criminals undergoing reform through labour who commit new crimes after their escape shall be given a heavier punishment or a punishment beyond the maximum prescribed; those who commit new crimes after their release upon the completion of their term shall be given a heavier punishment. In all cases, these criminals shall be employed at the place of reform after the completion of their new term and may not return to the large or medium-sized cities where they originally lived.

Those who, after being released upon completion of their term of reform, commit minor criminal acts, not qualifying for criminal sanctions, are to be sentenced to rehabilitation through labour. In general they shall be employed at the place of reform after the completion of their terms of rehabilitation and may not return to the large or medium-sized cities where they originally lived.

Criminals who have not reformed after undergoing reform through labour shall be employed at the place of reform after the completion of their term.

3.

Persons undergoing rehabilitation through labour or criminals undergoing reform through labour who use violence to retaliate against their accusers, victims, relevant judicial personnel and cadres or other people who try to stop their unlawful criminal acts are to be given a heavier punishment or a punishment beyond the maximum prescribed, in accordance with the legal provisions for the crimes they have committed.

4.

This Decision shall be implemented as of July 10, 1981.