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	REGULATIONS OF THE SUPREME PEOPLE'S COURT CONCERNING THE APPLICATION OF PROPERTY PENALTY

	(Pronouncement of the Supreme People's Court (Fashi [2000] No.45), December 3, 2000: Regulations of the Supreme People's Court on Several Questions Concerning the Application of Property-Oriented Penalty were adopted at the 1139th meeting of the Judicial Committee of the Supreme People's Court on Nov.15 2000. The regulations now promulgated shall come into effect as of December 19, 2000)


SUBJECT : PROPERTY PENALTY
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 12/03/2000
IMPLEMENT DATE : 12/19/2000
LENGTH : 806 words
TEXT :

In order to correctly understand and implement the regulations on property penalty in Criminal Law of the People's Republic of China (hereinafter referred to the criminal law), several questions on the application of property-oriented penalty are stipulated as follows:

Article 1. For the crime which shall be concurrently imposed confiscation of property or fine under the criminal law, the criminal shall be sentenced to property-oriented penalty correspondingly by the people's court while being sentenced to the principal penalty; for the crime which may be concurrently imposed confiscation of property or fine, the people's court shall decide whether to apply the property-oriented penalty according to the concrete conditions of the case and the accused 's property.

Article 2. The people's court shall, according to the circumstances of the case, such as the amount of illegal gains and the losses resulted, and according to the criminal's ability to pay the fine, give him a fine by the law. The minimum amount shall not be less than 1, 000 yuan, if the standard of the amount of the fine is not clearly provided in the criminal law.

The delinquent child shall be given a lighter or mitigated fine, however the minimum amount shall not be less than 500 yuan.

Article 3. A criminal shall be given a combined punishment and be executed the total amount of the fines imposed when he is given fines separately for plural crimes he committed.

The fines and confiscation of property concurrently imposed on a criminal for his plural crimes committed shall be executed together. However, in case that confiscation of full property is concurrently imposed, only the property-oriented penalty shall be executed.

Article 4. If the circumstances of the crime are light and a fine imposed separately will not result in further harm to society; a fine may be imposed separately on the criminal by the law, provided that any of the following case exists:

(1) Casual offender or first offender;

(2) Voluntarily surrendering after committing the crime or performing meritorious services;

(3) Not reaching the age of 18 when commits a crime;

(4) Preparing for a crime or discontinuing a crime or attempting to commit a crime;

(5) Being coerced to participate in a crime;

(6) Giving up all illegal gains and showing true repentance; or

(7) Other circumstances that may be imposed a fine separately by the law.

Article 5. "The time limit specified in the judgment" provided in article 53 of the criminal law shall be determined in the judgment; and "the time limit " shall be within 3 months from the second day the judgment comes into effect.

Article 6. The case that "the criminal has true difficulties in paying the fine due to an irresistible disaster" under article 53 of the criminal law mainly refers to the following circumstances which deprive him of his property to be executed: the criminal loses his property as a result of disasters such as fire, flood and earthquake; the criminal loses the ability to work because of serious illness or being wounded and disabled; or his near relatives, who need to be supported by the criminal, are seriously ill and need to pay a large amount of medical expenses, etc..

If the cause of reduction or exemption under "the circumstances" provided in article 53 in the criminal law exists, the criminal, his near relatives or his work unit shall submit an application in written form to the people's court in charge of execution as well as testimonials. After the review, the court shall decide to reduce or exempt the amount of the fine according to the actual circumstances.

Article 7. "The legitimate debts that the criminal incurred before his property is confiscated", which are mentioned in article 60 in the criminal law, refers to the legitimate debts that the criminal incurred before the judgment comes into effect.

Article 8. The amount of the fine shall be calculated in yuan.

Article 9. The people's court may, during the trial of the case, decide to distress or freeze up the criminal's property if the court finds that the accused shall be sentenced to property-oriented penalty by the law.

Article 10. Property-oriented penalties shall be executed by the peoples' court of first instance.

If the criminal's property is located at another place, the court of first instance may entrust the court where the property is located to execute such property.

Article 11. The people' court shall compel the criminal, who fails to deliver the fine without statutory cause of reduction or exemption, to deliver the fine from the day next to the date when the time limit specified in the judgment expires.

Whoever conceals, transfers, sells or destroys or damages the property detained or frozen, if the circumstances are serious, shall be prosecuted for the criminal liability according to article 314 of the criminal law.