2024/9/2 凌晨12:19
Criminal Law of the People's Republic of China
Where a person taking an urgent action to avert danger exceeds the necessary limit and therefore
causes unnecessary harm, he shall bear criminal liability, but shall be given a mitigated punishment
or be exempted from punishment.
The provisions in the first paragraph of this Article on the averting danger from a person himself do
not apply to those who take specified responsibilities by virtue of their posts or professions.
Section 2 Preparation, Attempt and Abandonment of a Crime
Article 22 Preparation for a crime refers to the preparation of instruments or the creation of
conditions for the commission of the crime.
An offender whose act falls within the definition of the preparation for a crime may, with reference
to the punishment imposed on a person who has completed the crime, be given a lighter or
mitigated punishment or be exempted from punishment.
Article 23 Criminal attempt occurs when an offender has already started to commit a crime but fails
to complete the crime because of factors independent of the offender’s will.
An offender whose act falls within the definition of the criminal attempt may be given a lighter or
mitigated punishment with reference to the punishment imposed on a person who has completed
the crime.
Article 24 Abandonment of a crime occurs when, during the process of committing a crime,
an offender voluntarily abandons the crime or voluntarily and effectively prevents the consequences
of the crime from occurring.
An offender whose act falls within the definition of the abandonment of a crime shall be exempted
from punishment if no harm is caused and shall be given a mitigated punishment if harm is caused.
Section 3 Joint Crimes
Article 25 A joint crime refers to a crime committed intentionally by two or more persons jointly.
A negligent crime by two or more persons shall not be punished as a joint crime. Where criminal
liability is involved, these persons shall be punished separately according to the crimes they have
committed.
Article 26 A person who organizes or leads a criminal group in conducting criminal activities or
plays a principal role in a joint crime is a principal offender.
A relatively stable criminal organization composed of three or more persons to jointly commit
crimes is a criminal group.
The ringleader who organizes or leads a criminal group shall be punished based on all the crimes
committed by the group.
en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604.htm
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