Supreme People's Court and Supreme People's Procuratorate, Supplementary Provisions (3) for the Implementation of the «PRC Criminal Law» in Respect of Determination of Charges

最高人民法院、最高人民检察院关于执行《中华人民共和国刑法》确定罪名的补充规定（三）

November 02, 2007 | BY

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Charges redefined to cope with new types of crimes.

Clp Reference: 1430/07.10.25 Promulgated: 2007-10-25 Effective: 2007-11-06

Promulgated: October 25 2007
Effective: November 6 2007

Main Contents: The Supplementary Provisions stipulate 14 newly-added and eight revised criminal charges. The new categories of crime include:

(1) crime of filing for bankruptcy under false pretences;

(2) crime of harming the interests of listed companies in breach of trust; and

(3) crime of twisting the law during arbitration.

Revised criminal charges include:

(1) crime of manipulating the securities and futures markets (formerly, crime of manipulating the trading prices of securities and futures);

(2) crimes of disclosing material information in violation of rules and failure to disclose material information (formerly, crime of provision of false financial accounting reports);

(3) crime of receiving bribes by non-state personnel (formerly, crime of receiving bribes by personnel of companies and enterprises);

(4) crime of offering bribes to non-state personnel (formerly, crime of offering bribes to personnel of companies and enterprises);

(5) crime of granting loans in violation of law (formerly, crime of granting loans to related persons in violation of law); and

(6) crime of absorbing clients' funds and not recording them in account books (formerly, crimes of illegally lending off-the-books clients' funds or using such funds to grant loans).

Related Legislation: PRC Criminal Law Amendment Act (5), Feb 28 2005; and PRC Criminal Law Amendment Act (6), Jun 29 2006

clp reference:1430/07.10.25promulgated:2007-10-25effective:2007-11-06

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