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全国人民代表大会常务委员会关于惩治生产、销售伪劣商品犯罪的决定 DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLES CONGRESS

2009-03-24 法律英语 来源:互联网 作者:
ing that it or he is guilty of a crime stipulated in this Decision, shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 188 of the Criminal Law.

  Any State functionary who is charged with the responsibility of investigating an enterprise, institution or a person guilty of a crime listed in this Decision but fails to perform his duty as stipulated by the law shall, in light of the different circumstances, be investigated for criminal responsibility in accordance with the provisions of Article 187 of the Criminal Law or by applying mutatis mutandis the provisions of Article 188 of the Criminal Law.

  Any State functionary, who by abusing his power or practising jobbery, retaliates against or frame up a person who exposes or denounces any crime listed in this Decision shall be investigated for criminal responsibility in accordance with the provisions of Article 146 of the Criminal Law.

  11. Whoever commits a crime as mentioned in any article of this Decision and is found to be a recidivist, shall be given a heavier punishment.

  12. If a fine is sentenced in accordance with the provisions of this Decision, the amount of the fine shall be not less than one time but not more than five times of the unlawful earning.

  Whoever commits a crime as mentioned in any article of this Decision and thereby causes losses to the victims shall, besides being investigated for criminal responsibility in accordance with this Decision, be sentenced according to law to compensation for the losses incurred in light of the circumstances.

  Where a crime is committed as mentioned in any article of this Decision, all his earning and property illegally obtained shall be confiscated; Where a crime is committed as mentioned in Articles 2 to 7 of this Decision, the products illegally produced or marketed as listed in these Articles shall be confiscated.

  13. This Decision shall enter into force as of September 1,1993

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