2024/9/2 凌晨12:21 e Constitution Criminal Law of the People's Republic of China State Structure About Congress Chairman Meetings Our Work Deputies Resourc Home > Resources > Laws（Translation for Reference Only） Criminal Law of the People's Republic of China Updated: 2020-12-26 Top legislature sched upcoming standing c session Xi's special envoy to a inauguration of South president Chapter IV Concrete Application of Criminal Punishment Section 1 Sentencing Article 61 Punishment to be imposed on an offender shall be determined based on the facts of the crime, the nature and circumstances of the crime and the gravity of harm to society, in accordance with the relevant provisions of this Law. Article 62 Where the circumstances of the crime committed fit into those for a heavier or lighter punishment provided by this Law, the offender shall be sentenced within the range of the statutory punishment. China's top legislator Pakistani PM Top legislator stresse quality work of peopl congresses Senior Chinese legisla attends Russia Day re Beijing Article 63 Where the circumstances of the crime committed fit into those for a mitigated punishment provided by this Law, the offender shall be sentenced to a punishment below the statutory punishment. Where this Law provides several sentencing ranges, the punishment shall be determined within the next range of punishment below the statutorily prescribed one. An offender not eligible for a mitigated punishment as prescribed by this Law may still, in light of the special situation of the case and with approval from the Supreme People’s Court, be sentenced to a punishment below the prescribed one. Article 64 All property illegally obtained by an offender shall be recovered, or the offender shall be ordered to return it or pay compensation for it. The lawful property of victims shall be returned without delay. Contraband and the offender’s personal property which has been used for the commission of a crime shall be confiscated. All confiscated property and fines shall be turned over to the State Treasury and shall not be misappropriated or be dealt with without authorization. Section 2 Recidivists Article 65 A recidivist is an offender who has been sentenced to fixed-term imprisonment or an even heavier punishment and, within 5 years after the completion of his sentence or the granting of pardon, commits another crime punishable by fixed-term imprisonment or an even heavier en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_3.htm 1/7