Criminals face longer minimum jail terms
Source: Xinhua |
February 24, 2011, Thursday
|
Print Edition
Print Edition
LONGER minimum jail terms for people who commit serious offenses in China are contained in a draft amendment to the country's Criminal Law.
Anyone sentenced to life imprisonment should serve a minimum of 13 years, instead of the current 10 years, while those given a death sentence with a two-year reprieve must serve at least 20 years in prison, instead of the current 12 year, after their reprieve period, says the draft of the eighth amendment to the Criminal Law.
The draft was submitted to the Standing Committee of the National People's Congress, China's top legislature, yesterday.
The new provisions will apply to those convicted of serious crimes such as murder, rape, robbery, kidnapping, arson, bombing, poisoning and organized violence.
The courts will be able to hand down minimum jail terms to be served after commutation along with their sentences, according to the draft.
Death sentence
Documents released by the NPC Standing Committee show that some legislators have expressed concern that the Criminal Law lacked coherence in its penalty system.
They argued that 10 years in prison seemed too light compared with the possibility of capital punishment if offenders escaped a death sentence and were granted a commutation.
Meanwhile, employers who intentionally withhold workers' pay will face up to three years in jail, according to the draft amendment.
The provision targets employers who conceal assets or flee, and those who refuse to follow government labor department orders. Those convicted of more "serious consequences" could face jail terms of up to seven years.
Those convicted could be fined too, although lawmakers have yet to detail the amounts.
The provision is aimed at discouraging wage defaulting, particularly against migrant workers, which has become a prevalent problem in recent years, especially in labor-intensive small and medium-sized business such as construction, garment making and catering.
Harsher penalties
According to government figures, about 242 million rural residents were working in cities by the end of 2010.
Many had no employment contracts and faced difficulties collecting their wages from employers.
The Labor Law, which took effect in 1995, stipulates that government labor departments can intervene in wage default cases, order employers to pay and impose fines, but defaulting on wage payments is not listed as a crime in the current Criminal Law.
The draft amendment also contains harsher penalties for offenders who add toxic and harmful substances to foods and sell such foods.
Under the current law, the minimum penalty is one to six months in police detention and offenders are able to go home one or two days a month.
The draft amendment raises the minimum penalty to at least one year in prison.
The NPC Standing Committee session began yesterday and is due to end tomorrow.
Anyone sentenced to life imprisonment should serve a minimum of 13 years, instead of the current 10 years, while those given a death sentence with a two-year reprieve must serve at least 20 years in prison, instead of the current 12 year, after their reprieve period, says the draft of the eighth amendment to the Criminal Law.
The draft was submitted to the Standing Committee of the National People's Congress, China's top legislature, yesterday.
The new provisions will apply to those convicted of serious crimes such as murder, rape, robbery, kidnapping, arson, bombing, poisoning and organized violence.
The courts will be able to hand down minimum jail terms to be served after commutation along with their sentences, according to the draft.
Death sentence
Documents released by the NPC Standing Committee show that some legislators have expressed concern that the Criminal Law lacked coherence in its penalty system.
They argued that 10 years in prison seemed too light compared with the possibility of capital punishment if offenders escaped a death sentence and were granted a commutation.
Meanwhile, employers who intentionally withhold workers' pay will face up to three years in jail, according to the draft amendment.
The provision targets employers who conceal assets or flee, and those who refuse to follow government labor department orders. Those convicted of more "serious consequences" could face jail terms of up to seven years.
Those convicted could be fined too, although lawmakers have yet to detail the amounts.
The provision is aimed at discouraging wage defaulting, particularly against migrant workers, which has become a prevalent problem in recent years, especially in labor-intensive small and medium-sized business such as construction, garment making and catering.
Harsher penalties
According to government figures, about 242 million rural residents were working in cities by the end of 2010.
Many had no employment contracts and faced difficulties collecting their wages from employers.
The Labor Law, which took effect in 1995, stipulates that government labor departments can intervene in wage default cases, order employers to pay and impose fines, but defaulting on wage payments is not listed as a crime in the current Criminal Law.
The draft amendment also contains harsher penalties for offenders who add toxic and harmful substances to foods and sell such foods.
Under the current law, the minimum penalty is one to six months in police detention and offenders are able to go home one or two days a month.
The draft amendment raises the minimum penalty to at least one year in prison.
The NPC Standing Committee session began yesterday and is due to end tomorrow.
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