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| Decision of the Standing Committee of the NPC Regarding the Handling of Criminals Undergoing Reform Through Labour and Persons Undergoing Rehabilitation Through Labour Who Escape or Commit New Crimes | | 全国人民代表大会常务委员会关于处理逃跑或者重新犯罪的劳改犯和劳教人员的决定 |
(Adopted at the 19th Meeting of the Standing Committee of the Fifth National People's Congress on June 10, 1981 and effective as of July 10, 1981) | |
（一九八一年六月十日第五届全国人民代表大会常务委员会第十九次会议通过） |
At present, among the criminals who are seriously endangering public security, there is a considerable number who have escaped from the places where they were undergoing reform or rehabilitation through labour, or who have continued to commit crimes after being released upon the completion of their term, refusing to mend their ways despite repeated admonitions. In order to maintain public security and strengthen the education of criminals who are undergoing reform through labour and persons who are undergoing rehabilitation through labour, the following Decision is made: | |
目前严重危害社会治安的犯罪分子中，有相当一批是从劳动改造、劳动教养场所逃跑或者期满释放后继续犯罪，屡教不改的。为了维护社会治安，加强对劳改犯和劳教人员的教育改造，特作如下决定： |
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| I. Persons undergoing rehabilitation through labour who escape shall have their period of rehabilitation extended. | | 一、劳教人员逃跑的，延长劳教期限。 |
Persons who commit crimes within three years after their release from rehabilitation through labour or who commit crimes within five years after their escape from the place of rehabilitation shall be given a heavier punishment and have their city residence registrations cancelled. Upon the completion of their new term, except for those who have truly reformed, they shall be employed at the place of rehabilitation and may not return to the large or medium-sized cities where they originally lived. In those cases not serious enough for criminal sanctions, the offenders shall undergo rehabilitation through labour again or have their period of rehabilitation extended, and they may have their city residence registrations cancelled. Upon completion of their new term, they shall in general be employed at the place of rehabilitation and may not return to the large or medium-sized cities where they originally lived. | |
劳教人员解除教养后三年内犯罪、逃跑后五年内犯罪的，从重处罚，并且注销本人城市户口，期满后除确实改造好的以外，一律留场就业，不得回原大中城市。其中情节轻微、不够刑事处分的，重新劳动教养或者延长劳动教养期限，并且可以注销本人城市户口，期满后一般留场就业，不得回原大中城市。 |
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| II. Criminals undergoing reform through labour who escape shall be sentenced to fixed-term imprisonment of not more than five years, in addition to the term originally decided, which shall still be executed; those who escape by violent or threatening methods shall be additionally sentenced to fixed-term imprisonment of not less than two years and not more than seven years. | | 二、劳改犯逃跑的，除按原判刑期执行外，加处五年以下有期徒刑；以暴力、威胁方法逃跑的，加处二年以上七年以下有期徒刑。 |
Criminals undergoing reform through labour who commit new crimes after their escape shall be given a heavier punishment or a punishment beyond the maximum prescribed; those who commit new crimes after their release upon the completion of their term shall be given a heavier punishment. In all cases, these criminals shall be employed at the place of reform after the completion of their new term and may not return to the large or medium-sized cities where they originally lived. | |
劳改犯逃跑后又犯罪的，从重或者加重处罚。刑满释放后又犯罪的，从重处罚。 |
Those who, after being released upon completion of their term of reform, commit minor criminal acts, not qualifying for criminal sanctions, are to be sentenced to rehabilitation through labour. | |
刑满后一律留场就业，不得回原大中城市。 |
In general they shall be employed at the place of reform after the completion of their terms of rehabilitation and may not return to the large or medium-sized cities where they originally lived. | |
劳改期满释放后，有轻微犯罪行为、不够刑事处分的，给予劳动教养处分。期满后一般留场就业，不得回原大中城市。 |
Criminals who have not reformed after undergoing reform through labour shall be employed at the place of reform after the completion of their term. | |
没有改造好的劳改罪犯，劳改期满后留场就业。 |
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| | 三、劳教人员、劳改罪犯对检举人、被害人和有关的司法工作人员以及制止违法犯罪行为的干部、群众行凶报复的，按照期所犯罪行的法律规定，从重或者加重处罚。 |
| III. Persons undergoing rehabilitation through labour or criminals undergoing reform through labour who use violence to retaliate against their accusers, victims, relevant judicial personnel and cadres or other people who try to stop their unlawful criminal acts are to be given a heavier punishment or a punishment beyond the maximum prescribed, in accordance with the legal provisions for the crimes they have committed. | |
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| | 四、本决定自１９８１年７月１０日起施行。 |
| IV. This Decision shall be implemented as of July 10, 1981. | |
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