第六十一条 对于犯罪分子决定刑罚的时候，应当根据犯罪的事实、犯罪的性质、情节和对于社会的危害程度，依照本法的有关规定判处。

Article 61 When sentencing a criminal, a punishment shall be meted out on the basis of the facts, nature and circumstances of the crime, the degree of harm done to society and the relevant provisions of this Law.

　第六十二条 犯罪分子具有本法规定的从重处罚、从轻处罚情节的，应当在法定刑的限度以内判处刑罚。

Article 62 In cases where the circumstances of a crime call for a heavier or lighter punishment under the provisions of this Law, the criminal shall be sentenced to a punishment within the limits of the prescribed punishment.

　第六十三条 犯罪分子具有本法规定的减轻处罚情节的，应当在法定刑以下判处刑罚。

Article 63 In cases where the circumstances of a crime call for a mitigated punishment under the provisions of this Law, the criminal shall be sentenced to a punishment less than the prescribed punishment.

　　犯罪分子虽然不具有本法规定的减轻处罚情节，但是根据案件的特殊情况，经最高人民法院核准，也可以在法定刑以下判处刑罚。

In cases where the circumstances of a crime do not warrant a mitigated punishment under the provisions of this Law, however, in the light of the special circumstances of the case, and upon verification and approval of the Supreme People's Court, the criminal may still be sentenced to a punishment less than the prescribed punishment.

　第六十四条 犯罪分子违法所得的一切财物，应当予以追缴或者责令退赔；对被害人的合法财产，应当及时返还；违禁品和供犯罪所用的本人财物，应当予以没收。没收的财物和罚金，一律上缴国库，不得挪用和自行处理。

Article 64 All money and property illegally obtained by a criminal shall be recovered, or compensation shall be or dered; the lawful property of the victim shall be returned without delay; and contrabands and possessions of the criminal that are used in the commission of the crime shall be confiscated. All the confiscated money and property and fines shall be turned over to the State treasury, and no one may misappropriate or privately dispose of them.

　第六十五条 被判处有期徒刑以上刑罚的犯罪分子，刑罚执行完毕或者赦免以后，在五年以内再犯应当判处有期徒刑以上刑罚之罪的，是累犯，应当从重处罚，但是过失犯罪除外。

Article 65 If a criminal commits another crime punishable by fixed-term imprisonment or heavier penalty within five years after serving his sentence of not less than fixed-term imprisonment or receiving a pardon, he is a recidivist and shall be given a heavier punishment.  However, this shall not apply to cases of negligent crime.

　　前款规定的期限，对于被假释的犯罪分子，从假释期满之日起计算。

For criminals who are paroled, the period stipulated in the preceding paragraph shall be counted from the date the parole expires.

　第六十六条 危害国家安全的犯罪分子在刑罚执行完毕或者赦免以后，在任何时候再犯危害国家安全罪的，都以累犯论处。

Article 66 If a criminal of endangering national security commits the same crime again at any time after serving his sentence or receiving a pardon shall be dealt with as a recidivist.

第三节 自首和立功

SECTION 3 VOLUNTARY SURRENDER AND MERITORIOUS PERFORMANCE

　第六十七条 犯罪以后自动投案，如实供述自己的罪行的，是自首。对于自首的犯罪分子，可以从轻或者减轻处罚。其中，犯罪较轻的，可以免除处罚。

Article 67 Voluntary surrender refers to the act of voluntarily delivering oneself up to justice and truthfully confessing one's crime after one has committed the crime.  Any criminal who voluntarily surrenders may be given a lighter or mitigated punishment.  The ones whose crimes are relatively minor may be exempted from punishment.

　　被采取强制措施的犯罪嫌疑人、被告人和正在服刑的罪犯，如实供述司法机关还未掌握的本人其他罪行的，以自首论。

If a criminal suspect or a defendent under compulsory measures or a criminal serving a sentence truthfully confesses his other crimes that the judicial organ does not know, his act shall be regarded as voluntary surrender.

　第六十八条 犯罪分子有揭发他人犯罪行为，查证属实的，或者提供重要线索，从而得以侦破其他案件等立功表现的，可以从轻或者减轻处罚；有重大立功表现的，可以减轻或者免除处罚。

Article 68 Any criminal who performs such meritorious services as exposing an offence committed by another, which is verified through investigation, or producing important clues for solving other cases may be given a lighter or mitigated punishment. Any criminal who performs major meritorious services may be given a mitigated punishment or be exempted from punishment.

　　犯罪后自首又有重大立功表现的，应当减轻或者免除处罚。

Any criminal who not only voluntarily surrenders after committing the crime but also performs major meritorious services shall be given a mitigated punishment or be exempted from punishment.

第四节 数罪并罚

SECTION 4 COMBINED PUNISHMENT FOR SEVERAL CRIMES

　第六十九条 判决宣告以前一人犯数罪的，除判处死刑和无期徒刑的以外，应当在总和刑期以下、数刑中最高刑期以上，酌情决定执行的刑期，但是管制最高不能超过三年，拘役最高不能超过一年，有期徒刑最高不能超过二十年。

Article 69 For a criminal who commits several crimes before a judgment is pronounced, unless he is sentenced to death or life imprisonment, his term of punishment shall be not more than the total of the terms for all the crimes but not less than the longest of the terms for the crimes, depending on the circumstances of the crimes. However, the term of public surveillance may not exceed the maximum of three years, the term of criminal detention may not exceed the maximum of one year, and fixed- term imprisonment may not exceed the maximum of 20 years.

　　如果数罪中有判处附加刑的，附加刑仍须执行。

If among the crimes there is any for which a supplementary punishment is imposed, the supplementary punishment shall still be executed.

　第七十条 判决宣告以后，刑罚执行完毕以前，发现被判刑的犯罪分子在判决宣告以前还有其他罪没有判决的，应当对新发现的罪作出判决，把前后两个判决所判处的刑罚，依照本法第六十九条的规定，决定执行的刑罚。已经执行的刑期，应当计算在新判决决定的刑期以内。

Article 70 If, after a judgment has been pronounced but before the punishment has been completely executed, it is discovered that before the judgment is pronounced the criminal committed another crime for which he is not sentenced, a judgment shall also be rendered for the newly discovered crime; the punishment to be executed shall be determined on the basis of the punishments imposed in the earlier and latest judgments and according to the provisions of Article 69 of this Law.  Any portion of the term that has already been served shall count towards fulfilment of the term imposed by the latest judgment.

　第七十一条 判决宣告以后，刑罚执行完毕以前，被判刑的犯罪分子又犯罪的，应当对新犯的罪作出判决，把前罪没有执行的刑罚和后罪所判处的刑罚，依照本法第六十九条的规定，决定执行的刑罚。

Article 71 If, after a judgment has been pronounced but before the punishment has been completely executed, the criminal again commits a crime, another judgment shall be rendered for the newly committed crime; the punishment to be executed shall be determined on the basis of the punishment that remains to be executed for the earlier crime and the punishment imposed for the new crime and according to the provisions of Article 69 of this Law.

　第七十二条 对于被判处拘役、三年以下有期徒刑的犯罪分子，根据犯罪分子的犯罪情节和悔罪表现，适用缓刑确实不致再危害社会的，可以宣告缓刑。

Article 72 A suspension of sentence may be granted to a criminal sentenced to criminal detention or to fixed-term imprisonment of not more than three years if, according to the circumstances of his crime and his demonstration of repentance, it is certain that suspension of the sentence will not result in further harm to society.

　　被宣告缓刑的犯罪分子，如果被判处附加刑，附加刑仍须执行。

If a supplementary punishment is imposed on a criminal whose sentence is suspended, the supplementary punishment shall still be executed.

　第七十三条 拘役的缓刑考验期限为原判刑期以上一年以下，但是不能少于二个月。

Article 73 The probation period for suspension of criminal detention shall be not less than the term originally decided but not more than one year, however, it may not be less than two months.

　　有期徒刑的缓刑考验期限为原判刑期以上五年以下，但是不能少于一年。

The probation period for suspension of fixed-term imprisonment shall be not less than the term originally decided but not more than five years, however, it may not be less than one year.

　　缓刑考验期限，从判决确定之日起计算。

The probation period for suspension of sentence shall be counted from the date the judgment is made final.

　第七十四条 对于累犯，不适用缓刑。

Article 74 Suspension of sentence shall not be applied to recidivists.

　第七十五条 被宣告缓刑的犯罪分子，应当遵守下列规定：

Article 75 A criminal whose sentence is suspended shall observe the followings:

　　（一）遵守法律、行政法规，服从监督；

(1) to observe laws and administrative rules and regulations, and submit to supervision;

　　（二）按照考察机关的规定报告自己的活动情况；

(2) to report on his own activities as required by the observing organ;

　　（三）遵守考察机关关于会客的规定；

(3) to observe the regulations for receiving visitors stipulated by the observing organ; and

　　（四）离开所居住的市、县或者迁居，应当报经考察机关批准。

(4) to report to obtain approval from the observing organ for any departure from the city or county he lives in or for any change in residence.

　第七十六条 被宣告缓刑的犯罪分子，在缓刑考验期限内，由公安机关考察，所在单位或者基层组织予以配合，如果没有本法第七十七条规定的情形，缓刑考验期满，原判的刑罚就不再执行，并公开予以宣告。

Article 76 Any criminal whose sentence is suspended shall, during the probation period for suspension of sentence, be subjected to observation by a public security organ with the cooperation of the work unit to which he belongs or of a grass-roots organization, and in the absence of the circumstances prescribed in Article 77 of this Law, the punishment originally decided shall cease to be executed upon the expiration of the probation period for suspension of sentence, which shall be made known publicly.

　第七十七条 被宣告缓刑的犯罪分子，在缓刑考验期限内犯新罪或者发现判决宣告以前还有其他罪没有判决的，应当撤销缓刑，对新犯的罪或者新发现的罪作出判决，把前罪和后罪所判处的刑罚，依照本法第六十九条的规定，决定执行的刑罚。

Article 77 If, during the probation period for suspension of sentence, a criminal whose sentence is suspended commits a crime again or it is discovered that before the judgment is pronounced, he has committed another crime for which he is not sentenced, the suspension shall be revoked and another judgment rendered for the newly committed or discovered crime; the punishment to be executed shall be decided on the basis of the punishments for the old crime and the new crime and according to the provisions of Article 69 of this Law.

　　被宣告缓刑的犯罪分子，在缓刑考验期限内，违反法律、行政法规或者国务院公安部门有关缓刑的监督管理规定，情节严重的，应当撤销缓刑，执行原判刑罚。

If, during the probation period for suspension of sentence, a criminal whose sentence is suspended violates laws, administrative rules and regulations or regulations relating to supervision and control over suspension of sentence stipulated by the department of public security under the State Council and if the circumstances are serious, the suspension shall be revoked and the original punishment shall be executed.

第六节 减刑

SECTION 6 COMMUTATION OF PUNISHMENT

　第七十八条 被判处管制、拘役、有期徒刑、无期徒刑的犯罪分子，在执行期间，如果认真遵守监规，接受教育改造，确有悔改表现的，或者有立功表现的，可以减刑；有下列重大立功表现之一的，应当减刑：

Article 78 The punishment of a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may be commuted if, while serving his sentence, he conscientiously observes prison regulations, accepts education and reform through labor and shows true repentance or performs meritorious services; the punishment shall be commuted if a criminal performs any of the following major meritorious services:

　　（一）阻止他人重大犯罪活动的；

(1) preventing another person from conducting major criminal activities;

　　（二）检举监狱内外重大犯罪活动，经查证属实的；

(2) informing against major criminal activities conducted inside or outside prison and verified through investigation;

　　（三）有发明创造或者重大技术革新的；

(3) having inventions or important technical innovations to his credit;

　　（四）在日常生产、生活中舍己救人的；

(4) coming to the rescue of another in everyday life and production at the risk of losing his own life;

　　（五）在抗御自然灾害或者排除重大事故中，有突出表现的；

(5) performing remarkable services in fighting against natural disasters or curbing major accidents; or

　　（六）对国家和社会有其他重大贡献的。

(6) making other major contributions to the country and society.

　　减刑以后实际执行的刑期，判处管制、拘役、有期徒刑的，不能少于原判刑期的二分之一；判处无期徒刑的，不能少于十年。

After commutation, the term of punishment actually to be served by those sentenced to public surveillance, criminal detention or fixed-term imprisonment may not be less than half of the term originally decided; for those sentenced to life imprisonment, it may not be less than 10 years.

　第七十九条 对于犯罪分子的减刑，由执行机关向中级以上人民法院提出减刑建议书。人民法院应当组成合议庭进行审理，对确有悔改或者立功事实的，裁定予以减刑。非经法定程序不得减刑。

Article 79 If punishment to a criminal is to be commuted, the executing organ shall submit to a People's Court at or above the intermediate level a written proposal for commutation of punishment.  The People's Court shall form a collegiate panel for examination and, if the criminal is found to have shown true repentance or performed meritorious services, issue an order of commutation. However, no punishment shall be commuted without going through legal procedure.

　第八十条 无期徒刑减为有期徒刑的刑期，从裁定减刑之日起计算。

Article 80 A term of fixed-term imprisonment that is commuted from life imprisonment shall be counted from the date the order of commutation is issued.

　第八十一条 被判处有期徒刑的犯罪分子，执行原判刑期二分之一以上，被判处无期徒刑的犯罪分子，实际执行十年以上，如果认真遵守监规，接受教育改造，确有悔改表现，假释后不致再危害社会的，可以假释。如果有特殊情况，经最高人民法院核准，可以不受上述执行刑期的限制。

Article 81 A criminal sentenced to fixed-term imprisonment who has served more than half of the term of the original sentence or a criminal sentenced to life imprisonment who has served not less than 10 years of the term may be granted parole if he conscientiously observes prison regulations, accepts education and reform through labor, shows true repentance and will no longer cause harm to society.  If special circumstances exist, upon verification and approval of the Supreme People's Court, the above restrictions relating to the term served may be disregarded.

　　对累犯以及因杀人、爆炸、抢劫、强奸、绑架等暴力性犯罪被判处十年以上有期徒刑、无期徒刑的犯罪分子，不得假释。

No parole shall be granted to recidivists or criminals who are sentenced to more than 10 years of imprisonment or life imprisonment for crimes of violence such as homicide, explosion, robbery, rape and kidnap.

　第八十二条 对于犯罪分子的假释，依照本法第七十九条规定的程序进行。非经法定程序不得假释。

Article 82 Parole shall be granted to a criminal through the procedure prescribed in Article 79 of this Law. No parole shall be granted without going through legal procedure.

　第八十三条 有期徒刑的假释考验期限，为没有执行完毕的刑期；无期徒刑的假释考验期限为十年。

Article 83 The probation period for parole in the case of fixed-term imprisonment shall be equal to the portion of the term that has not been completed; the probation period for parole in the case of life imprisonment shall be 10 years.

假释考验期限，从假释之日起计算。

The probation period for parole shall be counted from the date the criminal is released on parole.

　第八十四条 被宣告假释的犯罪分子，应当遵守下列规定：

Article 84 Any criminal who is granted parole shall observe the following:

　　（一）遵守法律、行政法规，服从监督；

(1) observe laws and administrative rules and regulations, and submit to supervision;

　　（二）按照监督机关的规定报告自己的活动情况；

(2) report on his own activities as required by the supervising organ;

　　（三）遵守监督机关关于会客的规定；

(3) observe the regulations for receiving visitors stipulated by the supervising organ; and

　　（四）离开所居住的市、县或者迁居，应当报经监督机关批准。

(4) report to obtain approval from the supervising organ for any departure from the city or county he lives in or for any change in residence.

　第八十五条 被假释的犯罪分子，在假释考验期限内，由公安机关予以监督，如果没有本法第八十六条规定的情形，假释考验期满，就认为原判刑罚已经执行完毕，并公开予以宣告。

Article 85 Any criminal who is granted parole shall be subject to supervision by a public security organ during the probation period for parole.  If he is not found in any of the circumstances prescribed in Article 86 of this Law, the punishment originally decided shall be considered executed upon the expiration of the probation period for parole, which shall be made known publicly.

　第八十六条 被假释的犯罪分子，在假释考验期限内犯新罪，应当撤销假释，依照本法第七十一条的规定实行数罪并罚。

Article 86 If a criminal who is granted parole commits another crime during the probation period for parole, the parole shall be revoked, and he shall be given a combined punishment for several crimes as provided in Article 71 of this Law.

　　在假释考验期限内，发现被假释的犯罪分子在判决宣告以前还有其他罪没有判决的，应当撤销假释，依照本法第七十条的规定实行数罪并罚。

If a criminal who is granted parole is discovered to have committed, before the judgment is pronounced, other crimes for which no punishment is imposed, the parole shall be revoked and a combined punishment for several crimes shall be given according to the provisions of Article 70 of this Law.

　　被假释的犯罪分子，在假释考验期限内，有违反法律、行政法规或者国务院公安部门有关假释的监督管理规定的行为，尚未构成新的犯罪的，应当依照法定程序撤销假释，收监执行未执行完毕的刑罚。

If a criminal who is granted parole, during the probation period for parole, violates laws, administrative rules and regulations or other regulations relating to supervision and control over parole stipulated by the department of public security under the State Council but the violation does not constitute a new crime, the parole shall be revoked in accordance with legal procedure and he shall be put back into prison to serve the remaining part of criminal punishment.

　第八十七条 犯罪经过下列期限不再追诉：

Article 87 Crimes shall not be prosecuted if the following periods have elapsed:

　　（一）法定最高刑为不满五年有期徒刑的，经过五年；

(1) five years, when the maximum punishment prescribed is fixed-term imprisonment of less than five years;

　　（二）法定最高刑为五年以上不满十年有期徒刑的，经过十年；

(2) 10 years, when the maximum punishment prescribed is fixed-term imprisonment of not less than five years but less than 10 years;

　　（三）法定最高刑为十年以上有期徒刑的，经过十五年；

(3) 15 years, when the maximum punishment prescribed is fixed-term imprisonment of not less than 10 years; and

　　（四）法定最高刑为无期徒刑、死刑的，经过二十年。如果二十年以后认为必须追诉的，须报请最高人民检察院核准。

(4) 20 years, when the maximum punishment prescribed is life imprisonment or death penalty. If after 20 years it is considered necessary to prosecute a crime, the matter shall be submitted to the Supreme People's Procuratorate for examination and approval.

　第八十八条 在人民检察院、公安机关、国家安全机关立案侦查或者在人民法院受理案件以后，逃避侦查或者审判的，不受追诉期限的限制。

Article 88 No limitation on the period for prosecution shall be imposed with respect to a criminal who escapes from investigation or trial after a People's Procuratorate, public security organ or national security organ files the case or a People's Court accepts the case.

　　被害人在追诉期限内提出控告，人民法院、人民检察院、公安机关应当立案而不予立案的，不受追诉期限的限制。

No limitation on the period for prosecution shall be imposed with respect to a case which should have been but is not filed by a People's Court, People's Procuratorate or public security organ after the victim brings a charge within the period for prosecution.

　第八十九条 追诉期限从犯罪之日起计算；犯罪行为有连续或者继续状态的，从犯罪行为终了之日起计算。

Article 89 The limitation period for prosecution shall be counted from the date the crime is committed; if the criminal act is of a continual or continuous nature, it shall be counted from the date the criminal act is terminated.

　　在追诉期限以内又犯罪的，前罪追诉的期限从犯后罪之日起计算。

If further crime is committed during a limitation period for prosecution, the limitation period for prosecution of the old crime shall be counted from the date the new crime is committed.

　第九十条 民族自治地方不能全部适用本法规定的，可以由自治区或者省的人民代表大会根据当地民族的政治、经济、文化的特点和本法规定的基本原则，制定变通或者补充的规定，报请全国人民代表大会常务委员会批准施行。

Article 90 Where the provisions of this Law cannot be completely applied in national autonomous areas, the people's congresses of the autonomous regions or the provinces concerned may formulate adaptive or supplementary provisions on the basis of the political, economic and cultural characteristics of the local ethnic groups and the basic principles stipulated in this Law, and these provisions shall go into effect after they have been submitted to and approved by the Standing Committee of the National People's Congress.