Decision of the Standing Committee of the National People's Congress on Granting Special Pardons to Some Criminals Who Are Serving Sentences on the Occasion of the 70th Anniversary of the Founding of the People's Republic of China

by Standing Committee of the National People's Congress

Decision of the Standing Committee of the National People's Congress on Granting Special Pardons to Some Criminals Who Are Serving Sentences on the Occasion of the 70th Anniversary of the Founding of the People's Republic of China

(Adopted at the 11th Meeting of the Standing Committee of the Thirteenth National People's Congress on June 29, 2019)

In commemoration of the 70th anniversary of the founding of the People's Republic of China, and in order to reflect the concept of the law-based government of China and the humanitarian spirit, the Standing Committee of the Thirteenth National People's Congress, after deliberating at its 16th Meeting the Draft Decision of the Standing Committee of the National People's Congress on Granting Special Pardons to Some Criminals Who Are Serving Sentences on the Occasion of the 70th Anniversary of the Founding of the People's Republic of China which was proposed by the Council of Chairpersons of the Standing Committee of the National People's Congress, has decided in accordance with the Constitution to grant special pardons to the following criminals who are serving sentences under effective judgments of the people's courts made before January 1, 2015:

1. Those who fought in the Chinese People's War of Resistance against Japanese Aggression and the Chinese People's War of Liberation;

2. Those who fought in wars to safeguard national sovereignty, security and territorial integrity after the founding of the People's Republic of China in 1949;

3. Those who made fairly big contributions to the advancement of the country's major projects after the founding of the People's Republic of China and received honors of provincial and ministerial level or above, including “Model Workers”, “Advanced Workers”, and “May 1 Labor Medals”;

4. Those who used to be on active service and received first class merit citations or higher-level awards;

5. Those who were sentenced to less than three years in prison or have less than one year of remaining prison terms for acts of excessive defense or acts to avert danger in emergencies that exceed the limits of necessity;

6. Those aged 75 or above who have serious physical disabilities and are unable to take care of themselves;

7. Those who committed crimes when they were under 18, and were sentenced to less than three years in prison or have less than one year of remaining prison terms;

8. Female prisoners who have been bereaved of their spouses and have to take care of their underage children or children with serious disabilities who are unable to care for themselves; they are eligible only under the condition that they were sentenced to less than three years in prison or that their remaining jail terms are less than one year; and

9. Those granted a parole who have undergone more than one fifth of their parole probation periods, or who received a public surveillance sentence.

Criminals who fall into the above nine categories but are found in any of the following situations shall not be pardoned:

(1) Those who fall into the 2nd, 3rd, 4th, 7th, 8th and 9th categories listed above, but committed embezzlement, acceptance of bribes, servicemen's transgression of duties, intentional homicide, rape, robbery, kidnap, arson, explosion, spreading hazardous substances, organized crimes of violence, mafia-natured organized crimes, trafficking in narcotic drugs, crimes of endangering national security, terrorism, or were convicted as principal criminals or recidivists of other organized crimes;

(2) Among criminals falling into the 2nd, 3rd, 4th and 9th categories, those who have more than 10 years of remaining prison terms to serve, and who are still serving life imprisonment or in the suspension period of death penalty;

(3) Those who had been pardoned but were subject to criminal punishment again for crimes;

(4) Those who refused to admit their guilt, repent and mend their ways; or

(5) Those who are deemed an actual threat to society after evaluation.

Prisoners who meet the above-mentioned requirements on June 29, 2019 shall be released upon court ruling.

This Decision shall come into force as of June 29, 2019.