2024/9/2 凌晨12:21
Criminal Law of the People's Republic of China
Article 36 Where a victim suffers economic losses as a result of a criminal act, the offender shall, in
addition to being subjected to criminal punishment in accordance with the law, be sentenced to pay
compensation for the economic losses according to the situation.
If an offender liable for civil compensation is also sentenced to pay a fine but his property is not
sufficient to pay both, or if he is also sentenced to confiscation of property, he shall first bear
the liability for civil compensation to the victim.
Article 37 Where the circumstances of a crime are minor and the imposition of a criminal
punishment is not necessary, the offender may be exempted from criminal punishment; however,
depending on the situation of the case, he may be given a reprimand, be ordered to make a
statement of repentance, offer an apology or pay compensation for losses, or be subjected to
administrative penalties or sanctions by the competent department.
Article 37a Where an offender is sentenced to criminal punishment for a crime he has committed by
taking advantage of his occupation, or for violating the specific obligations required by his
occupation, the people's court may, based on the situation with reference to the crime and the need
for prevention of repeat offenses, prohibit him from engaging in relevant professions within 3 to
5 years, counting from the date when he finishes serving his sentence or he is released on parole.
Whoever is prohibited from engaging in certain professions but violates the decision made by the
people's court according to the provisions of the preceding paragraph shall be punished by the
public security organ. If the circumstances are serious, the person shall be convicted and punished
in accordance with Article 313 of this Law.
Where there are prohibitive or restrictive provisions in other laws or administrative regulations
governing the offender’s engagement in relevant professions, such provisions shall prevail.
Section 2 Non-Custodial Correction
Article 38 The term of non-custodial correction shall be not less than 3 months but not more than
2 years.
An offender sentenced to non-custodial correction may, according to the situation of the crime, be
given an injunction restricting him from engaging in certain activities, entering certain areas or
premises, or having contacts with certain persons during the term of non-custodial correction.
The offender sentenced to non-custodial correction shall be subjected to community correction in
accordance with the law.
Any offender who violates the injunction prescribed in the second paragraph of this Article shall be
punished by the public security organ in accordance with the Law of the People’s Republic of China
on Penalties for Administration of Public Security.
Article 39 An offender sentenced to non-custodial correction shall abide by the following rules while
serving his term:
(1) abiding by laws and administrative regulations and submitting himself to supervision;
en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_2.htm
2/6