Criminal Code of Einsenland – General Part (British English)
Reference translation into British English. The Chinese source is available here. This translation preserves its numbering and legal status; it is not a jointly authenticated text of equal legal authority. See source and translation notes.
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Criminal Code of the Republic of Einsenland
Section 1 [Legislative purpose]
This Code is enacted under the Constitution of the Republic of Einsenland to punish crime, protect nationals, maintain social order, public safety and national security, and safeguard personal rights, property rights, freedom and human dignity.
Section 2 [Functions of criminal law]
The functions of this Code are to punish criminal conduct, maintain sovereignty, territorial integrity and unity, protect constitutional democracy and the rule of law, safeguard fundamental rights, maintain fair competition and the ecological environment, and promote social justice and public welfare.
Section 3 [Legality and sources of criminal penalties]
Criminal liability and punishment may be imposed only for conduct expressly defined by law as an offence, and in accordance with that law. The essential elements of offences and the types and ranges of penalties may be prescribed only by legislation enacted by Parliament.
Criminal law must not be applied by analogy to the detriment of a person prosecuted. Administrative regulations, rules, orders, internal documents and judicial interpretations must not independently create offences, increase penalties or expand statutory criminal liability. Lawfully published technical standards may only elaborate matters expressly authorised by law.
This Code must be interpreted consistently with the Constitution. Ordinary policy disagreements, lawful political participation, lawful business and mere failure to meet administrative performance targets must not be treated as crime without the statutory elements of an offence.
Section 4 [Temporal application]
Prosecution and punishment are governed by the law at the time of conduct. Where the law changes several times before the judgment becomes final, complete outcomes must be compared and the law most favourable to the person applied; provisions from different versions must not be combined to increase liability.
If a new law decriminalises the conduct, prosecution must cease and an unexecuted or continuing penalty must be revoked. If it provides a lighter penalty that remains materially beneficial to a final judgment, the court must review and adjust that judgment on its own initiative or on application, without increasing the original sentence. Other effective parts remain valid; completed sentences are governed by state compensation and special remedy provisions.
For continuing conduct spanning an amendment, the stages and continuing state must be distinguished. Persistence of consequences after commencement alone does not permit punishment of earlier non-criminal conduct.
Section 5 [Equality before the law]
Criminal law applies equally to every person.
No distinction may be based on identity, origin, sex, ethnic group, language, religion, education, property, political opinion, region or other status. No person enjoys privilege above the law.
Section 6 [Proportionality of punishment]
Punishment must correspond to the nature, circumstances and social harm of the offence and the offender's criminal responsibility.
Sentencing must consider the facts, motive, methods and consequences, the offender's dangerousness and remorse, and the need to prevent reoffending.
Section 7 [Presumption of innocence and burden of proof]
No person may be found guilty without a legally effective court judgment. The prosecution bears the burden of proving all elements, aggravating circumstances and the responsibility attributed to the person prosecuted. Conviction requires proof beyond reasonable doubt.
No person may be compelled to incriminate themselves. Persons prosecuted have rights to silence, effective defence, legal aid and challenge of evidence. Silence, refusal to admit guilt or lawful exercise of remedies must not alone support an inference of guilt or increased punishment. Confessions cannot replace independent evidence.
Where factually grounded reasonable doubt arises concerning lawful defence, criminal capacity, mistake or another ground excluding or reducing responsibility, the court must investigate and examine it, without requiring the accused to prove innocence. The judgment must explain the evidence and treatment of reasonable doubt.
Section 8 [Purposes of punishment and humanity]
Punishment aims to prevent crime, educate and rehabilitate offenders and facilitate their return to society.
The creation and execution of penalties must respect human dignity. Torture and inhuman or degrading treatment are prohibited.
The State must provide opportunities for education, vocational training and psychological counselling and protect families' lawful interests from collective punishment.
Section 9 [Strict limits on the death penalty]
The State retains the death penalty. It applies only to the very few extremely serious offences expressly identified in the Special Part, subject strictly to the conditions, eligible persons and procedures in Chapter V of this Book.
No death sentence may be executed without the approval and review required by that Chapter.
Section 10 [Procedural language and accessibility]
Criminal proceedings must use the official languages as prescribed by law. Anyone prosecuted who cannot adequately understand or use the language actually used for questioning, hearings or trial must receive free qualified, independent interpretation and translations necessary to understand the charge, principal evidence, judgment and remedies, even if they know another official language.
Persons with hearing, visual, speech, cognitive or other disabilities must receive accessible communication and reasonable adjustments suited to their needs. A waiver without effective information and understanding is invalid. Interpreters are subject to statutory recusal requirements.
Section 11 [Territorial jurisdiction]
This Code applies to offences within the Republic's territory, unless otherwise provided by law.
It applies to offences aboard ships or aircraft flying Einsenland's flag.
An offence is deemed territorial if either conduct or result occurs within the Republic.
Section 12 [Nationality jurisdiction]
This Code applies to nationals committing offences abroad. Prosecution may, however, be declined where the statutory maximum is imprisonment for not more than three years.
It applies to public officials and military personnel committing offences abroad irrespective of the penalty.
Section 13 [Protective jurisdiction]
This Code may apply to a foreign national offending abroad against the State, its authorities or its nationals where the statutory minimum is imprisonment for at least three years, unless the conduct is not punishable under the law of the place of commission.
Section 14 [International offences and extraterritorial jurisdiction]
Jurisdiction over genocide, crimes against humanity and serious war crimes expressly defined in the Special Part, and torture, piracy and terrorism over which the Republic is legally obliged to exercise jurisdiction, is governed by this Code and treaties lawfully in force and published.
A treaty obligation of jurisdiction does not replace offence elements, statutory penalties or due process. Breach of an international instrument alone must not ground conviction beyond this Code or special criminal legislation. Extradition, transfer, foreign judgments and legally recognised international immunities are governed by legislation and effective treaties, not the executive's political position.
Section 15 [Diplomatic immunity]
The criminal responsibility of foreign nationals enjoying diplomatic privileges and immunities is dealt with through diplomatic channels.
Section 16 [Finality and prohibition of repeated prosecution]
A person finally convicted or acquitted on the same facts must not be prosecuted again merely by changing the charge, prosecution authority or competent court.
A retrial favourable to the accused may be sought on important new evidence or serious procedural illegality according to law. An adverse retrial of a final acquittal is permitted only where lawful evidence establishes deliberate falsification of crucial trial evidence or material corruption of the judgment through bribery or deliberate perversion of justice, on the prosecution's application and permission from the next higher court. Ordinary new evidence, changed political assessments or dissatisfaction with the judgment do not justify reopening.
An adverse retrial must be sought within six months after discovery and five years after the original judgment became effective; permission may be granted only once on the same facts. Stricter constitutional or statutory safeguards prevail. Favourable new law is governed by Section 4. Recognition of foreign judgments and credit for punishment served abroad on the same facts follow legislation and effective treaties; unjustified double punishment is prohibited.
Subchapter 1 Offences and Criminal Responsibility
Section 17 [Substantive definition of an offence]
Conduct endangering sovereignty, territorial integrity or security or public safety, infringing personal, property or democratic rights, disrupting the economy or fair competition, damaging nature or ecology, obstructing social administration, and other conduct punishable under this Code constitutes an offence.
Conduct whose circumstances and harm are manifestly insignificant is not criminal.
Section 18 [Requirements for an offence]
An offence requires:
(1) conduct satisfying the elements in the Special Part;
(2) absence of a justification, making the conduct unlawful;
(3) criminal capacity and intention or negligence, establishing culpability.
Section 19 [Intention]
Direct intention exists where a person knows that their conduct will cause a socially harmful result and desires it.
Indirect intention exists where a person knows that such a result may occur and accepts its occurrence.
Intentional offences entail criminal responsibility.
Section 20 [Negligence]
Unconscious negligence exists where a person ought to foresee a socially harmful result but fails to do so through carelessness.
Conscious negligence exists where a person foresees the result but unjustifiably believes it can be avoided.
Negligent conduct is criminal only where this Code so provides.
Section 21 [Accident]
Conduct objectively causing damage is not criminal where neither intentional nor negligent and caused by unforeseeable or irresistible circumstances.
Section 22 [Criminal liability for omissions]
An omission entails criminal liability only where a person legally owes a protective duty to prevent a particular harmful result, has a real ability to perform it, intentionally or with statutorily punishable negligence fails to do so, and the omission is equivalent in its elements to the corresponding positive offence.
The duty may arise from legislation, lawful office, an expressly assumed protective business activity or contract, or a specific danger created by prior conduct. Mere ordinary breach of contract, moral expectations or inability to rescue does not automatically constitute crime. It must be proved that the necessary action could prevent or materially avoid the result; rules on intention, negligence and causation apply.
The corresponding offence provision governs. Punishment may be mitigated where responsibility is manifestly lighter in view of duty, ability and conduct.
Section 22A [Mistake of fact]
Lack of awareness, at the time, of a fact necessary to an offence excludes intention concerning that fact. Statutorily defined negligent liability remains possible. An understandable mistake concerning facts reducing or excluding responsibility must be examined for its basis and avoidability; knowledge must not be inferred solely from the eventual result.
Putative defence, mistaken identity and similar errors are assessed by the affected elements and personal intention or negligence, without an automatic finding of exemption or guilt.
Section 22B [Mistake of law]
A person unaware of unlawfulness because of a mistake that could not reasonably be avoided, despite necessary enquiries appropriate to their status, ability and circumstances, bears no criminal responsibility. An avoidable mistake may mitigate punishment. Merely claiming not to have read the law is insufficient.
Unpublished rules, express erroneous official guidance, complex authorisations and similar facts must be substantively examined. Industry practice, superior approval or political orders alone cannot establish an unavoidable mistake for plainly grave infringements of fundamental rights, including intentional killing and torture.
Section 22C [Causation and aggravated results]
Where a harmful result is an element, the prosecution must prove that the conduct caused the result the law seeks to prevent. Chronology, official position or statistical association alone cannot prove criminal causation.
Aggravation for a special consequence requires at least the negligence prescribed by law concerning that consequence. An unforeseeable accident does not justify result-based aggravation. Intervening acts, the victim's conduct and multiple causes must be assessed according to the particular risk and personal responsibility, without automatic attribution or interruption of causation.
Subchapter 2 Criminal Capacity
Section 23 [Age of criminal responsibility]
A person aged eighteen or over bears full criminal responsibility.
A person aged sixteen but under eighteen bears criminal responsibility but must receive a lighter or mitigated punishment.
A person aged fourteen but under sixteen bears criminal responsibility for intentional killing, intentional injury causing serious injury or death, rape, robbery, arson, explosion, release of dangerous substances, participation in terrorist activities or drug trafficking, but must receive a lighter or mitigated punishment.
A person aged twelve but under fourteen bears criminal responsibility for intentional killing or intentional injury causing death in extremely heinous circumstances if prosecution is approved by the national prosecution authority, and must receive a lighter or mitigated punishment.
A person under twelve bears no criminal responsibility.
Where no punishment is imposed because of age, parents or other guardians must be ordered to provide discipline and guidance; the local government may, where necessary, arrange specialised corrective education under law.
Section 24 [Advanced age]
A person aged seventy-five or over at the time of the offence may receive a lighter or mitigated punishment for an intentional offence and must receive one for a negligent offence.
Section 25 [Mental disorder and criminal capacity]
A person who, because of a severe mental disorder, was wholly unable at the time to understand the nature or unlawfulness of conduct or to control it bears no criminal responsibility upon independent expert assessment and a judicial finding. Compulsory treatment under Section 62 may be ordered where a substantial present danger exists and lesser measures are insufficient; life imprisonment must not replace a finding of incapacity.
A person fully responsible at the time is not exempt merely because of a previous diagnosis, medical history or subsequent illness. Subsequent inability to participate effectively in proceedings requires treatment and procedural safeguards first. Both parties may seek independent reassessment of disputed expert findings; medical conclusions do not replace the court's legal determination.
Where a severe mental disorder substantially diminished, but did not remove, the ability to understand or control conduct, a lighter or mitigated punishment is mandatory and the death penalty is excluded. Life imprisonment for the specially aggravated killing under Section 158 is subject to the special commutation and parole rules in Section 75A. Safeguards for minors and other statutory protections remain applicable.
Psychiatric evidence must not be falsified, nor mental disorder inferred from political, religious or personal opinions. Liability is determined under this Code.
Section 26 [Self-induced impairment]
Intoxication or voluntary ingestion of narcotics, hallucinogens or similar substances does not exempt an offender from criminal responsibility.
Where ingestion is compelled or induced by deception and removes the ability to understand or control conduct, Section 25, first paragraph, applies by analogy.
Section 27 [Persons who are deaf and unable to speak, or blind]
A person who is both deaf and unable to speak, or who is blind, may receive a lighter or mitigated punishment or exemption from punishment.
Subchapter 3 Justifications
Section 28 [Lawful defence]
Damage caused to an unlawful aggressor to protect state or public interests or one's own or another's personal, property or other lawful rights against an ongoing unlawful infringement constitutes lawful defence and entails no criminal responsibility.
Defence manifestly exceeding necessary limits and causing substantial damage entails responsibility, but punishment must be mitigated or waived.
Injury or death inflicted on the aggressor while defending against an ongoing violent offence seriously endangering personal safety is not excessive defence and entails no criminal responsibility.
Section 29 [Necessity]
Unavoidable action causing damage to protect state or public interests or one's own or another's personal, property or other lawful rights from an existing danger entails no criminal responsibility.
Action exceeding necessary limits and causing unwarranted damage entails responsibility, but punishment must be mitigated or waived.
The first paragraph does not apply to personal danger faced by someone whose office or occupation imposes a particular duty to face that danger.
Section 30 [Victim's consent]
Conduct within the scope of free, informed and continuing valid consent, given by a person entitled to dispose of the relevant protected interest, capable of understanding and free from coercion or material deception, is not criminal against that disposable interest. Consent may be withdrawn; silence or inability to resist must not be presumed consent.
Consent does not legalise intentional unlawful deprivation of life, grave danger to public safety or expressly prohibited conduct. Lawful medical care, organ donation, sport and other legitimate activities are assessed by statutory informed-consent, professional and safety requirements; irreversible consequences alone do not exclude justification.
Guardianship arrangements for minors or persons unable to consent must serve their interests and special protective legislation. A guardian cannot consent on their behalf to sexual assault, exploitation, torture or other serious infringement.
Section 31 [Lawful duties and legitimate professional activities]
Performance of official, medical or other legitimate activities within legal authority and necessary, proportionate limits entails no criminal responsibility. Custom, superior orders, internal approval or professional status alone create no exemption.
Execution of manifestly unlawful orders, particularly torture, unlawful killing, enforced disappearance or attacks on civilians, does not exempt responsibility. Coercion, mistake and personal responsibility are assessed separately under this Code; obedience is not automatic immunity.
An order not manifestly unlawful and supported by specific grounds for reliance is assessed under Section 22B. Persons ordering, approving or supervising bear responsibility according to their personal fault.
Subchapter 4 Stages of Offending
Section 32 [Attempt]
An attempt exists where execution has begun but fails for reasons outside the offender's will.
An attempt may receive a lighter or mitigated punishment compared with the completed offence.
Section 33 [Preparation]
Preparation consists of providing tools or creating conditions for an offence.
It may receive a lighter or mitigated punishment, or exemption, compared with the completed offence.
Special statutory provisions prevail.
Section 34 [Voluntary abandonment]
Voluntary abandonment during an offence or voluntary effective prevention of its result constitutes abandonment.
Where no damage results, punishment must be waived; where damage results, punishment must be mitigated.
Subchapter 5 Joint Offending
Section 35 [Joint offending and limits of responsibility]
Joint offending occurs where two or more persons offend with common intention. Each is responsible only for conduct and results within that intention and personal responsibility, not automatically for all another's crimes by reason of presence, status, kinship or organisational membership.
Excess conduct outside the common intention is attributable to its perpetrator. Others are liable for aggravated results only where they possess the statutorily required intention or negligence. Joint negligent harm is not joint intentional offending; each is punished for their own offence.
Section 36 [Principal offenders]
A principal offender organises or leads a criminal group or plays a principal role in joint offending. A criminal group is a relatively stable organisation of at least three persons formed for continuing criminal activity, not merely a lawful association, political party or ordinary working relationship.
Ringleaders are responsible for group offences organised, planned or directed by them and within the common intention. Other principals are responsible for offences in which they participate or which they organise or direct. Membership alone must not ground liability for every group offence without proof of personal responsibility.
Section 37 [Secondary participants]
A secondary participant plays a subsidiary or auxiliary role in joint offending and must receive a lighter or mitigated punishment or exemption.
Section 38 [Coerced participants]
A person coerced into participating must receive mitigated punishment or exemption according to the circumstances.
Continued participation after coercion ends is treated as secondary or principal participation.
Section 39 [Instigation]
An instigator is punished according to their role in the joint offence.
Instigating someone under eighteen requires heavier punishment.
Where the person instigated does not commit that offence, the instigator may receive lighter or mitigated punishment.
Section 40 [Assisting crime]
A person who knows the basic nature of a particular offence and intentionally provides substantial assistance to facilitate it, including tools, information, technology, money, premises or transport, is punished under joint-offending rules according to their role.
Ordinary legal services, medical assistance, journalism, research, security testing and neutral commercial services do not become assistance merely because an offender uses them. Actual knowledge and intent to facilitate must be proved. Statutory platform duties and liability require express provisions; administrative notice cannot replace proof of mental elements.
Subchapter 6 Organisational Offences
Section 41 [Organisational offences]
An organisation is punishable where, for its benefit, its decision-making body, actual controller or authorised manager decides to commit an expressly defined organisational offence. Knowing deliberate toleration of continuing offending by a manager legally able to stop it is also organisational conduct.
The organisation is subject to a fine or expressly authorised qualification restriction. Directly responsible managers and other directly responsible persons are punished according to their own intention, negligence and legal duties, not merely rank, shareholding or employment. Purely personal offending in the organisation's name is not automatically attributable to it.
State-owned, collective and private organisations are subject to the same elements. Authorities lawfully exercising public powers do not pay fines under this Section from their internal budgets, without exempting staff or actual operating entities.
Section 42 [Changes to and measures against organisations]
Where an organisation was established for crime or crime is its principal activity, the court may lawfully order dissolution, cessation of relevant operations or withdrawal of operating qualifications, protecting victims, good-faith employees and third parties. Collective criminal liability of all members cannot replace individual proof.
Merger, division, renaming or deregistration does not extinguish established restitution, equivalent-value recovery or legally determined organisational property liabilities. The court determines successors' liability under law; innocent third parties must not be punished. Malicious transfers or concealment to evade judgment are governed by the relevant offences.
Restrictions on activities and qualifications must state scope, duration, performance and review conditions. Organisational offending must not create blanket immunity for authorities, state-owned enterprise operators or natural persons.
Section 42A [Express scope of organisational offences]
Conduct under Sections 107, 120, 122, 124, 131 to 157, 157A, 162A, 166, 173, 180, 191, 197, 198, 200 to 212 and 224 constitutes an expressly defined organisational offence where Section 41 and the particular offence elements are satisfied.
This does not remove personal-status requirements from conduct capable of commission only by a natural person with that status. Where no principal penalty is suitable for an organisation, the fine under Section 51 and lawful recovery apply; responsible persons are punished under the original provision and personal responsibility. Express contrary Special Part provisions prevail.
Subchapter 1 Types of Penalty
Section 43 [Principal and supplementary penalties]
Penalties comprise principal and supplementary penalties.
Principal penalties may be imposed independently only, not as supplementary penalties. Supplementary penalties may be imposed independently or additionally.
Section 44 [Principal penalties]
Principal penalties are:
(1) community supervision;
(2) criminal detention;
(3) fixed-term imprisonment;
(4) life imprisonment;
(5) death.
Section 45 [Supplementary penalties]
Supplementary penalties are:
(1) a fine;
(2) deprivation of political rights;
(3) confiscation of property;
(4) deportation;
(5) occupational prohibition;
(6) a community service order;
(7) lawful admonition.
Subchapter 2 Principal Penalties
Section 46 [Community supervision]
Community supervision lasts between three months and two years inclusive.
It is executed by local judicial correction authorities at the original domicile or in an area designated by the court. During supervision, the offender must:
(1) comply with legislation and administrative rules and submit to supervision;
(2) report activities as prescribed by the executing authority;
(3) not leave the city, district or county of residence without permission;
(4) comply with other prohibitions ordered by the court according to the offence.
The authority must lawfully declare supervision discharged upon expiry.
Each day of prior detention counts as two days of community supervision.
Section 47 [Criminal detention]
Criminal detention lasts between one and six months inclusive.
It is executed locally by the police in dedicated detention establishments. The offender may return home for two days each month; work may be remunerated at discretion.
Each day of prior detention counts as one day of criminal detention.
Section 48 [Fixed-term imprisonment]
Fixed-term imprisonment lasts between six months and twenty-five years inclusive.
It is executed in prison. Prisoners must undertake labour, education and vocational training according to law.
Each day of prior detention counts as one day of imprisonment.
Section 49 [Life imprisonment]
Life imprisonment deprives the offender of liberty for life. Commutation and parole do not guarantee automatic release and require statutory individual judicial assessment.
For life sentences concerning serious violence, national security, organised crime, corruption or bribery and similar offences, actual service after commutation or before lawful parole must in principle be at least twenty-five years. Statutory parole prohibitions remain applicable. Substantially diminished responsibility under Section 25, third paragraph, and Section 158 is governed by Section 75A instead of that twenty-five-year limit.
Section 50 [Death penalty]
The death penalty deprives the offender of life and is imposed and executed under Chapter V of this Book.
Subchapter 3 Supplementary Penalties
Section 51 [Fines]
Fines are determined by circumstances, unlawful gains, responsibility and means, with reasons for calculation. Specific Special Part amounts or multiples prevail. Otherwise, fines range from ENY 500 to ENY 1,000,000 for natural persons and ENY 10,000 to ENY 10,000,000 for organisations, inclusive. Where unlawful gains exceed the applicable ceiling, the maximum may reach twice those gains. A prescribed multiple must not be added again.
Payment may be by instalments. For genuine inability through financial hardship, the court may lawfully reduce, waive or defer payment or, with informed consent, substitute community service. Poverty or relatives' refusal to pay must not alone entail additional imprisonment. Deliberate concealment and refusal despite means are determined separately under law; inability does not imply guilt.
Fines generally do not apply to minors. A fine exceptionally necessary for education and proportionate to the minor's own means requires reasons and must not become a penalty on the guardian.
Section 52 [Deprivation of political rights]
Deprivation is limited to rights expressly specified in judgment: voting, standing for election, holding public office and statutory public leadership qualifications. It does not remove religious belief, dignity, basic expression, judicial remedies or family rights. Other occupational prohibitions follow Section 55.
The period is one to ten years inclusive, or one to five if imposed independently. Where lifelong deprivation accompanies death or life imprisonment, upon substitution of fixed-term imprisonment or lawful release the court must specify its remaining post-release duration, at most ten years, and explain necessity.
Judgment must state commencement, operation during detention and imprisonment, termination and restoration. A person not finally convicted does not automatically lose political rights through detention.
Section 53 [Confiscation of lawfully owned property]
This supplementary penalty applies only to expressly specified Special Part offences, is limited to the offender's lawfully owned property and must be proportionate in amount and scope to culpability. Restitution, recovery of proceeds and disposal of instruments follow Section 53A; the same property must not be executed against twice.
Necessary living expenses and basic accommodation must be retained for the offender and dependent family. Innocent co-ownership shares and lawful claims are protected. Restitution to victims and legally determined damages take priority over fines and this confiscation penalty.
Property rights holders must receive notice and an opportunity to object before disposal. Kinship alone cannot justify confiscating another's property.
Section 53A [Proceeds, instruments and third-party protection]
All criminal proceeds, gains and traceable substitute property must first be returned to victims; where lawful return is impossible, the court orders recovery. Lost, mixed or maliciously transferred assets may be recovered by equivalent value within actual unlawful gain, without double counting benefits already returned or compensated.
Prohibited objects specifically intended for crime and instruments intentionally used by their owner are disposed of necessarily and proportionately. Good-faith third-party property, lawful security and protected co-ownership shares must not be confiscated merely because another used them. Administrative freezing is not final confiscation.
The prosecution proves criminal connection and scope; the court decides and allows rights holders information, representations and remedies. Interim measures concerning evidence or transfer risks require judicial authority; indefinite freezing must not replace trial.
Section 54 [Deportation]
Deportation applies only to foreign nationals, by judicial decision explaining necessity, proportionality and effects on family and minor children. It may be independent or supplementary. An entry ban lasts five to ten years inclusive; exceptionally grave continuing danger may justify a lawful lifelong ban subject to review.
Before transfer, an individual assessment of real risk of torture, unlawful killing or another legally prohibited transfer must permit effective remedies. Where safe transfer is impossible, necessary, reviewable alternatives replace indefinite detention. Nationals must not be deported, nor deportation used to evade adjudication under this Code.
Section 55 [Occupational prohibition]
An offender abusing occupational opportunities or breaching particular occupational duties may be prohibited from the corresponding occupation.
The period is one to ten years inclusive.
Other statutory occupational-disqualification provisions prevail.
Section 56 [Community service orders]
A community service order requires between forty and five hundred hours inclusive of unpaid public-benefit service within a judicially specified period, organised by correction authorities. It must not involve hazardous work or labour for private profit, or harm basic health and normal life.
It may apply independently to minor offending or as a lawful suspended-sentence or parole condition. Arrangements must consider age, disability, caring responsibilities, work and education. Financial hardship, illness or reasonable inability does not constitute refusal.
For serious unjustified refusal, execution may be adjusted after notice, representations and judicial review. Revocation of suspension or parole or conviction for non-compliance requires the particular statutory elements; imprisonment is not an automatic conversion.
Section 57 [Admonition and restorative measures]
For lawfully convicted minor offences, necessary admonition, orders to remove harmful consequences or lawful publication of judgment may be used. Restorative measures, including apology, may be undertaken with the voluntary agreement of victim and offender.
Compelled ideological declarations, public humiliation and substitution for coerced confessions are prohibited. Refusal to confess, apologise or settle is not independently aggravating. Publication must not disclose protected minors' or victims' private information or exceed necessity.
Voluntary restorative measures are not compulsory criminal penalties; failure to achieve them must not increase the original statutory penalty.
Subchapter 1 Sentencing
Section 58 [Sentencing principles]
Sentences must be within statutory limits according to the facts, nature, circumstances and social harm and this Code.
Judgment must state factual and legal grounds for conviction and sentence and reasons for discretion.
Section 59 [Adjusting punishment]
Heavier or lighter punishment is imposed within the statutory range with reasons. A fact already constituting an offence element or sentencing tier must not be counted again as aggravation.
Mitigated punishment falls below the minimum of the applicable tier. Ordinarily the next lower tier applies if one exists; otherwise, the minimum for the penalty type and statutory mitigation grounds govern. Multiple grounds must not be ignored but do not automatically authorise exemption not provided by law.
Mandatory exemption must be granted; discretionary exemption requires judicial reasons. Exemption does not automatically extinguish restitution, compensation or lawful protective measures. Administrative sanctions still require an independent legal basis and procedure.
Section 60 [Sentencing minors]
Education, reform and rehabilitation govern juvenile offending, with education primary and punishment supplementary.
No person under eighteen at the time may receive death or life imprisonment.
Juvenile cases must lawfully be heard in private and personal information protected.
Records of offences committed under eighteen resulting in imprisonment for not more than five years must be sealed under law.
Section 61 [Pregnant and breastfeeding women]
A woman pregnant at trial or breastfeeding an infant under one year must not receive the death penalty and may temporarily serve the sentence outside prison.
Section 62 [Compulsory treatment and sentence credit]
Compulsory treatment for severe mental disorder requires independent medical assessment and a judicial hearing establishing treatment need, substantial present danger and insufficiency of lesser measures. Diagnosis, disability, dissent or disobedience alone are insufficient.
The person has rights to defence, legal aid and challenge of expert findings. Treatment and danger must be reviewed at least every six months; disappearance of necessity requires discharge or a lesser measure. Review may be requested upon changed circumstances. For a criminally responsible person, lawful liberty-restricting treatment counts towards sentence; treatment must not indefinitely extend a completed penalty.
Subchapter 2 Recidivism
Section 63 [Ordinary recidivism]
A person sentenced to fixed-term imprisonment or a heavier penalty who, within five years after completion or pardon, commits another offence warranting such punishment is a recidivist and must receive heavier punishment.
Negligent offences and offences committed under eighteen are excluded.
Section 64 [Special recidivism]
A person previously convicted of national-security, terrorist, organised violent, corruption or bribery offences who, at any time after completion or pardon, commits any such category again is treated as a recidivist.
Subchapter 3 Voluntary Surrender and Meritorious Assistance
Section 65 [Voluntary surrender]
Voluntary surrender after offending with truthful confession constitutes surrender. Lighter or mitigated punishment may be imposed; minor offending may be exempted.
A suspect or accused under compulsory measures or a prisoner who truthfully discloses their own other offences unknown to the authorities is treated as surrendering.
Section 66 [Meritorious assistance]
The following may justify lighter or mitigated punishment, or, if exceptionally meritorious, mitigation or exemption:
(1) reporting another's offending, verified as true;
(2) providing important leads enabling other cases to be solved;
(3) assisting the capture of other suspects;
(4) other major contributions to the State and society.
Subchapter 4 Combined Punishment
Section 67 [Several offences]
Where one person committed several offences before pronouncement, except death or life imprisonment, the aggregate term must not exceed the sum of terms or be less than the highest individual term.
If fixed terms total less than thirty-five years, the maximum is twenty-five years; if thirty-five years or more, it is thirty years.
Supplementary penalties remain executable; those of the same type are combined and different types executed separately.
Section 67A [One act and concurrent offences]
If one act satisfies several offences, an express special rule applies first; otherwise, the provision carrying the heavier penalty governs, with other protected interests explained in judgment. The same act and result must not be punished twice.
Organisational offending and separately committed killing, fraud or other independent acts may be combined where legislation expressly permits and each offence is established. Continuing conduct, several independent acts and one act are distinguished by facts and protected interests, without artificial fragmentation to aggravate punishment.
Special Part references to the heavier provision or combined punishment must be interpreted accordingly; incompatible single-heavier-offence and cumulative rules must not be applied simultaneously to the same facts.
Section 68 [Previously undiscovered and new offences after judgment]
If, after pronouncement but before completion, an earlier untried offence is discovered, it must be adjudicated and the aggregate penalty determined under the preceding Section. Time already served counts towards the new aggregate term.
For a new offence committed after pronouncement but before completion, its penalty must be combined with the unserved part of the earlier penalty under the preceding Section.
Subchapter 5 Suspended Sentences
Section 69 [Conditions for suspension]
A sentence of criminal detention or imprisonment for not more than three years may be suspended where:
(1) the offence is relatively minor;
(2) remorse is shown;
(3) there is no risk of reoffending;
(4) suspension has no materially adverse effect on the residential community.
For a person under eighteen, a pregnant woman or a person aged seventy-five or over who satisfies subparagraphs (1) to (3), suspension is mandatory.
Recidivists and criminal-group ringleaders are ineligible.
Section 70 [Suspension period]
For criminal detention, the probation period is between the original term and one year, with a minimum of two months.
For imprisonment, it is between the original term and five years, with a minimum of one year.
It runs from final determination of the judgment.
Section 71 [Duties during suspension]
During probation the offender must:
(1) comply with legislation, administrative regulations and community correction rules and submit to supervision;
(2) report activities as prescribed;
(3) not leave the city, district or county of residence without permission;
(4) comply with supplementary obligations, including judicial prohibitions, community service and compensation.
The court may prohibit specified activities, entry to specified areas or premises, or contact with specified persons according to the offence.
Section 72 [Revocation of suspension]
Suspension must be revoked during probation where:
(1) a new offence is committed or an earlier untried offence is discovered; that offence must be adjudicated and punishment combined under this Code;
(2) serious breach of legislation, administrative regulations, community correction rules or a judicial prohibition occurs; the original sentence is then executed.
Section 73 [Expiry of suspension]
Upon expiry of probation, the original penalty is not executed; outstanding supplementary penalties remain governed by their provisions.
Subchapter 6 Commutation and Parole
Section 74 [Commutation]
The court may commute community supervision, criminal detention or fixed-term or life imprisonment where the offender observes lawful rules, accepts correction and genuinely repents or provides meritorious assistance. Verified exceptional assistance requires commutation under law. Wealth, connections or false appearances cannot replace the statutory conditions.
Actual service after commutation must be at least half the original community-supervision, detention or fixed-imprisonment term, twenty years for life imprisonment, or twenty-five years for the special circumstances in Section 49, second paragraph.
Persons serving life with substantially diminished responsibility expressly covered by Section 75A are subject to its fifteen-year special minimum instead of those twenty- or twenty-five-year limits. Procedure must hear representations, publish necessary reasons and protect privacy; expiry must not be promised to guarantee release.
Section 75 [Parole conditions and minimum service]
After at least half a fixed term or twenty years of a life sentence, an offender who observes prison rules, genuinely repents and individually presents no substantial reoffending danger may lawfully be paroled. Special life sentences under Section 49, second paragraph, and commutations under Section 83 require at least twenty-five years before parole; statutory ineligibility remains applicable.
The court must consider conduct, risk, accommodation and support, victim safety and actual ability to meet compensation duties. Deliberate concealment or refusal despite ability may count adversely. Poverty, absence of forgiveness or lawful refusal to admit guilt alone do not exclude parole.
Recidivists and persons sentenced to at least ten years or life for intentional killing, rape, robbery, kidnapping, arson, explosion, release of dangerous substances, organising terrorism or organised violent crime are ineligible, except as expressly provided in Section 75A. Decisions require reasons and lawful application and review rights; prisons and political authorities do not decide finally.
Section 75A [Special execution rule for substantially diminished responsibility from severe mental disorder]
This applies only to a person judicially found under Section 25, third paragraph, to have substantially diminished responsibility at the time because of severe mental disorder and sentenced to life for the specially aggravated conduct in Section 158. Actual service after commutation and before parole must each be at least fifteen years. This is a special exception to the corresponding twenty- and twenty-five-year limits in Sections 49, 74 and 75 and the violent-offence parole prohibition. Ordinary medical history without these substantive conditions is insufficient. Qualifying final earlier judgments are reviewed under Section 4; absence of this new classification in the past must not exclude review.
Fifteen years creates eligibility to apply for judicial review only, not an automatic release date. Following a hearing with counsel, the court must consider independent psychiatric and reoffending-risk assessments, treatment compliance, conduct, victim safety, accommodation and community support. If substantial present danger remains not reasonably controllable, parole must be refused with reasons and conditions for reapplication.
Parolees must undergo lawfully necessary treatment and supervision, subject to the maximum in Section 76. Unnecessary treatment must not be compelled, nor diagnosis replace individual risk assessment. Lawful detention and liberty-restricting compulsory treatment already undergone count towards actual service without double counting.
Section 76 [Parole probation]
The probation period is the unserved original term; for life imprisonment it is ten years.
Suspended-sentence duties apply by analogy during parole.
Section 77 [Revocation of parole]
Suspected new offending during parole is investigated and tried under law. Revocation on that basis requires a judicial finding and combined-punishment rules; rumour or administrative designation does not automatically restore the original imprisonment.
For breach of clear, lawful and notified supervision duties not amounting to new crime, proportionate measures such as warnings or adjusted conditions must first reflect seriousness. Judicial revocation after hearing requires intention or gross negligence, serious circumstances and insufficiency of lesser measures. Force majeure, hardship or circumstances outside the person's control are not intentional breach.
Emergency temporary restraint requires a legal basis and prompt judicial review. Rights to counsel, representations, challenge of evidence and remedies are guaranteed.
Section 78 [Expiry of parole]
Upon expiry, the original penalty is deemed completed; outstanding supplementary penalties follow their provisions.
Section 79 [Legal status]
The State retains the death penalty as the most severe punishment for extremely serious crimes.
Its creation, imposition and execution must comply strictly with this Chapter and constitutional dignity and torture prohibitions.
Section 80 [Closed scope and personal responsibility]
Death applies only to the following Special Part offences expressly carrying it, with the particular aggravated conditions and all safeguards in this Chapter:
(1) exceptionally serious national-security offences under Sections 101, 102, 104, 105, 108, 110 and 112;
(2) exceptionally serious public-safety and dangerous-material offences under Sections 115 to 118, 122 and 134;
(3) exceptionally serious offences against life and bodily integrity and violent offences under Sections 158, 160, 161, 165, 178 and 196;
(4) expressly specified exceptionally serious drug, corruption and bribery offences under Sections 207, 219 and 222;
(5) exceptionally serious national-defence and military-duty offences under Sections 215, 240 to 244, 247, 248 and 250.
Offence names, amounts, public opinion, party or organisational status alone cannot justify death. Principal responsibility for grave offending, exceptionally serious consequences and personal culpability, and genuine insufficiency of other proportionate penalties must be proved and individually explained in judgment.
Attempts, preparation, secondary or coerced participants and persons liable only for negligence are excluded. Cases not involving intentional causation of death additionally require the Special Part's specially aggravated elements and exceptionally serious, irreversible actual harm to the State, public safety or victims. Abstract danger, ordinary loss or speculative future risks are insufficient.
New capital offences or expanded conditions require express amendment of this Code and this list; administrative regulations, emergency orders and judicial interpretations cannot add them.
Section 81 [Persons ineligible for death]
Death must not be imposed on:
(1) a person under eighteen at the time of the offence;
(2) a woman pregnant at trial or breastfeeding an infant under one year;
(3) a person aged seventy-five or over at trial, unless especially cruel serious violence caused multiple deaths;
(4) a person with severe mental illness unable to understand or control conduct;
(5) other statutorily excluded persons.
Section 82 [Approval of death sentences]
After statutory appeals, an independent Supreme Court panel must approve a death sentence. Approval does not replace the right to a second instance. Execution without approval is prohibited; anyone involved in original trial, appeal or prosecution must lawfully recuse themselves.
The panel must question the accused, hear defence and prosecution, and review all evidence, statutory punishment, personal culpability, mitigating or exempting circumstances and procedure. Unresolved reasonable doubt on evidence or application prevents approval.
Refusal leads to lawful substitution or remittal to an independent court. Decision and reasons must be served and retrial, pardon and pre-execution stopping procedures safeguarded.
Section 83 [Death sentence with reprieve]
Where death is warranted but immediate execution is unnecessary, it may be imposed with a two-year reprieve.
For a person so sentenced:
(1) absence of intentional offending during reprieve entails commutation to life after two years;
(2) exceptional meritorious assistance entails commutation to twenty-five years after two years;
(3) intentional offending in heinous circumstances entails execution upon Supreme Court approval;
(4) intentional offending below that level restarts the reprieve, with filing at the Supreme Court.
A commuted life or fixed term starts upon expiry of reprieve. Further commutation and parole follow Sections 74 to 78, with at least twenty-five years actually served. Persons legally excluded from death because of substantially diminished responsibility are not subject to this reprieve or conversion regime.
Section 84 [Method of execution]
Execution must be humane.
Injection is the only permitted method.
The judgment must be public, but the execution process must not be public or used for any display, dissemination or commercial exploitation.
Section 85 [Suspension and stopping of execution]
Execution must stop immediately and be referred to the Supreme Court if potential error, important new evidence, statutory exemption or exclusion, or facts affecting legality or humane conditions arise. All executing personnel must report them.
Execution is prohibited while a lawfully accepted first capital retrial, pardon request or another statutory remedy potentially preventing execution is unresolved. Repeated applications without new facts do not automatically suspend indefinitely, but rejection requires reasons. Dates must not be concealed to execute before relief can be sought.
The person, counsel and legally designated close relatives must receive reasonable advance notice of arrangements, necessary visits, legal assistance and time to settle affairs. Security confidentiality about a precise date must not remove effective remedies.
Section 86 [Family and remains]
The family must be notified promptly after execution. Lawful requests to receive the body or ashes must be allowed.
The State must not display the body or unlawfully use it other than for dissection, nor forcibly remove organs. Organ donation requires express voluntary procedures under other legislation and must not be organised by criminal execution authorities.
Section 87 [Effective defence in capital cases]
Effective defence is mandatory from first questioning or restriction of liberty through investigation, prosecution, trial, appeal, approval and pre-execution remedies in a potentially capital case. Without appointed private counsel, the State must provide suitably experienced, conflict-free lawyers and necessary investigation, expert and translation resources.
National security, silence or nominal waiver cannot exclude necessary defence. Supreme Court approval requires hearing the accused and counsel; inadequate preparation, disclosure or evidence challenge must be remedied first. Formal attendance is not effective assistance.
Section 88 [Clemency]
The State operates clemency under the Constitution and legislation. Persons sentenced to death, including with reprieve, may lawfully seek pardon, special pardon or commutation.
Procedure, competent authorities and effect are prescribed by special legislation.
Section 89 [Limitation periods]
Prosecution is barred after:
(1) five years where maximum imprisonment is less than five years;
(2) ten years where it is at least five but less than ten years;
(3) fifteen years where it is at least ten years;
(4) twenty years where the maximum is life or death; later prosecution considered necessary requires approval of the national prosecution authority.
Section 90 [Commencement]
Time runs from the offence, or cessation of continuous or continuing conduct.
If another offence is committed within the period, the earlier period restarts from that later offence.
Section 91 [Interruption and exclusion of limitation]
No limitation applies if a timely victim complaint should have been registered but was not, or if, after lawful registration or acceptance, the offender evades investigation or trial.
No limitation applies to:
(1) genocide, crimes against humanity, serious war crimes and other offences not subject to limitation under international law;
(2) exceptionally serious national-security offences;
(3) intentional killing in exceptionally heinous circumstances;
(4) other statutorily unlimited offences.
Section 92 [Public officials]
Public officials include:
(1) persons performing public duties in state authorities;
(2) persons performing them in organisations legally authorised or lawfully entrusted with public functions;
(3) persons performing them in state-owned enterprises, public institutions and people's organisations;
(4) persons assigned by state authorities, state-owned enterprises or public institutions to perform public duties in non-state enterprises or social organisations;
(5) other persons lawfully performing public duties.
Military personnel are subject, according to status and duties, to the same or stricter rules under this Code and military legislation.
Section 93 [Public property]
Public property includes:
(1) state-owned property;
(2) legally collective property;
(3) donated property or special funds for poverty relief, disaster relief, medicine, education and other public-benefit purposes.
Private property managed, used or transported by state authorities, state-owned enterprises, collective economic organisations or public-benefit social organisations is treated as public property.
Section 94 [Nationals' private property]
Private property includes lawfully acquired:
(1) income, savings, homes and other means of living;
(2) individually owned means of production;
(3) shares, equity, bonds, fund units, intellectual property and other property rights;
(4) protected data and online virtual property;
(5) other property protected by law.
Section 95 [State secrets]
State secrets are limited to non-public matters lawfully classified according to statutory categories, classification powers, specific harm and duration. Mere connection with government, state-owned enterprises, diplomacy or policy controversy cannot establish secrecy.
Lawfully published or publicly available information must not be retrospectively classified to ground punishment. Classification and legality are judicially reviewable. Necessary confidentiality procedures must permit effective defence challenge; a secrecy label does not prove crime.
Lawful reporting of wrongdoing to competent oversight, prosecution or judicial authorities does not constitute criminal disclosure merely because secrets are involved. Unnecessary public disclosure of particular secrets genuinely endangering life or defence remains individually assessed under this Code.
Section 96 [Judicial personnel]
Judicial personnel are staff responsible for investigation, prosecution, adjudication, criminal execution, judicial policing, forensic examination or custodial supervision.
Section 97 [Ringleaders]
Ringleaders organise, plan or direct criminal groups or crowd offences.
Section 98 [Serious injury]
Serious injury means:
(1) loss of an important organ's function, a limb or important limb function;
(2) loss of hearing, sight, speech or another important sensory or cognitive function;
(3) serious disfigurement, organ loss or long-term inability to care for oneself;
(4) other grave harm to health.
Detailed injury standards are made by the Supreme Court with the competent medical bodies.
Section 99 [Amounts and periods]
“At least”, “not more than” and “within” include their stated bounds; “less than”, “more than” and “outside” exclude them. Tiers sharing a boundary are applied according to their more specific aggravating conditions; the same fact cannot arbitrarily select a heavier tier.
Amounts are in Einsenland yuan (ENY). Foreign currency is converted at the lawfully published rate at the time of conduct; continuing transactions are calculated separately. Property value follows the lawful local market value at the time and challengeable evidence, not automatically an internal police valuation.
Age is calculated in completed years at the time of conduct. Prosecution, detention and remedy periods require clear start and end points; non-working days and service follow procedural rules. Existing remedy periods must not be shortened retrospectively.
Section 99A [Property amounts and public standards]
Unless expressly otherwise provided, a “relatively large amount” is at least ENY 5,000 but less than ENY 50,000; a “large amount” is at least ENY 50,000 but less than ENY 500,000; and an “especially large amount” is at least ENY 500,000. Conviction or aggravation based on “other serious circumstances” requires particular facts comparable to the corresponding property harm, not repetition of labels.
This applies also to financial, tax, intellectual-property, business and public-office property offences. Additional express amounts, percentages, danger or result requirements must also be met. Sales, tax evasion, actual loss and unlawful gains follow the calculation specified for each offence, without conflation or double addition.
These are initial statutory parameters, amendable only by law. Every five years the Government must submit assessments of prices, income, enforcement and proportionality to Parliament. Internal notices, adverse retrospective valuations or unpublished interpretations must not change criminal thresholds. Drug quantities follow Section 207, not transaction prices.
Section 100 [Sources, special legislation and transition]
“Breach of state provisions” means breach of legislation or expressly authorised, lawfully published and foreseeable administrative regulations or technical standards, subject to Section 3's reservation to legislation. Mere breach of internal documents, unpublished standards or ordinary contracts does not automatically constitute crime.
Special criminal legislation must expressly state offence elements, penalties and its relationship to this Code. This General Part and constitutional safeguards apply to all criminal cases. Judicial interpretation may unify application but cannot invent offences or penalties or expand authority without limits.
Execution, prisons, community correction, compulsory treatment, clemency and full procedure are elaborated by legislation. Pending enactment, Sections 252A to 252H apply directly as minimum procedure; missing implementing rules do not remove safeguards.
Earlier final judgments remain valid except under Section 4 and statutory correction. New or heavier provisions apply only to later conduct; lighter provisions apply under law. This Code takes effect upon promulgation.