In order to punish the crimes disrupting the order of socialist market economy and safeguard the smooth progress of socialist modernization construction, Criminal Law is supplemented and amended as follows:
1. A new clause shall be added to behind Article 162 and arranged as part of contents of Article 162:
Whoever conceals or intentionally destroys accounting vouchers, account books or financial and accounting reports that shall be kept according to law, shall, If circumstances are serious, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall impose or shall impose only, a fine of not less than 20,000 yuan and not more than 200,000 yuan.
Where a unit commits the crime mentioned in the preceding paragraph, it is fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
2. The Article 168 of Criminal Law shall be amended as:
If the staff of a State-owned company or enterprise, because of seriously neglecting his duties or abusing his powers, causes bankruptcy or heavy losses to the company or enterprise, and results in heavy losses of the interests of the state, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention: if resulting in especially heavy losses of the interests of the state, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
If the staff of a State-owned institution commits the acts mentioned in the preceding paragraph, and results in heavy losses of the interests of the state, he shall be punished in accordance with the provisions of preceding paragraph.
If the staff of a State-owned company, enterprise or institution practices illegalities for personal interests or by fraudulent means and commits the crimes mentioned in the preceding two paragraphs, he shall be given a heavier punishment in accordance with the provisions of the first paragraph.
3. The Article 174 shall be amended as:
Whoever establishes commercial banks, stock exchanges, futures exchanges, securities companies, futures brokering companies, insurance companies or any other financial departments without the approval of the relevant state departments in charge, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall impose, or shall impose only, a fine of not less than 20,000 yuan but not more than 200,000 yuan;
If the circumstance is serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.
Whoever forges, alters or transfers the licenses for operation or documents of approval of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokering companies, insurance companies, or any other financial institutions shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits any of the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.
4. Article 180 shall be amended as:
Any insider of inside information about any stock exchange transactions or futures trading, or anyone illegally obtaining such information, prior to the publication of the information that concerns stock issuing, stock exchange transactions or futures trading , or that has a vital bearingon the stock or futures price, buys or sells the said stock or is engaged in futures trading relating to the said inside information, or divulges the said information shall , if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than one time but not more than five times the illegal gains; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined not less than one time but not more than five times the illegal gains.
Where a unit commits the crime as mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-tem imprisonment of not more than five years or criminal detention.
The ranges of inside information and insiders shall be determined in accordance with the provisions of laws or administrative regulations.
5. The Article 181 of Criminal Law shall be amended as:
Where whoever fabricates and spreads false information affecting stock exchange or futures trading, and disrupts the stock exchange market and futures exchange market he shall, if the consequences are serious, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than 10,000 yuan but not more than 100,000 yuan .
Any employee of stock exchanges, futures exchanges, securities companies or futures brokering companies or any member of securities associations, futures associations or departments for securities and futures administration who deliberately provides false information or forges, alters or destroys transaction records in order to cajole investors into buying or selling securities or futures contracts and results in serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only , be fined not less than 10,000 yuan but not more than 100,000 yuan ; if the circumstances are especially serious , he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan .
Where a unit commits any of the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
6. Article 182 of Criminal Law shall be amended as;
Whoever commits any of the following acts by rigging stock, futures business prices in order to obtain illegitimate profits or transfer risks shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than one time but not more than five times the illegal gains:
(1) Centralizing capital superiority and holding stock or holding the superiority of stock or taking advantage of stock to buy or sell jointly or continuously, and to milk securities and trading prices of futures by individual or joint plot;
(2) Conducting the trade of securities and futures each other by initially stipulated time, price and method, or buying or selling the securities unowned and affecting the prices of securities and futures or the amount of the trade of securities and futures;
(3) Affecting stock or futures prices or the amount of stock or futures transactions by taking himself as the counterpart of transaction and trading in stocks with himself without transferring ownership of the stock , or taking himself as the counterpart of transaction and buying or selling his own futures contracts;
(4) Rigging stock or futures prices by any other means.
Where a unit commits any of the crimes mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
7. Article 185 of Criminal Law shall be amended as:
The members of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokering companies, insurance companies or any other financial institutions taking advantage of his position, and misappropriating money belonging to the unit to which he belongs or any client shall be convicted and punished according to the provisions of Article 272 of this Law.
Any members of State-owned commercial banks, stock exchanges, futures exchanges, securities companies, futuresbrokering companies, insurance companies or any other State-owned financial institutions or any person who is assigned by a State-owned commercial bank, stock exchange, futures exchange, securities company , futures brokering company, insurance company or any other State-owned financial institution to a financial institution that is not owned by the State to be engaged in public service commits the act mentioned in the preceding paragraph, he shall be convicted and punished according to the provisions of Article 384 of this Law.
8. An item shall be added to Article 225 of Criminal Law and be arranged as the item 3:
illegally engaged in securities , futures or insurance business without the approval of the relevant state department in charge.
The original item 3 shall be rearranged as item 4.
9. This amendment shall come into force as of the date of promulgation.
