Our previous article discussed China’s draft amendments to the PRC Criminal Law (“the First Draft”) which introduced a stricter anti-graft regime and tougher sanctions for those involved in corrupt activities. The NPC Standing Committee has recently released the second draft amendments to the PRC Criminal Law (“the Second Draft”) for public comments. The aim is to make reasonable adjustments based on the First Draft, while retaining enhanced enforcement and increased liability against bribery and corruption.

The Second Draft imposes tougher punishments on those offering bribes to close relatives of or any persons close to working personnel of the state.  One important feature is the additional liability (i.e., fines) on “units”[1] which commit such offences, and persons in charge and directly responsible will be sentenced to a fixed-term imprisonment of no more than three years and concurrently to a fine. The Second Draft also reinstates the mitigation of punishment on bribe-givers whose criminal acts are minor and voluntarily confess their acts. The following table sets out some of the key features of the Second Draft.

Click here to view table.