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Criminal Law Chapter III Punishments Section 7 . Deprivation of Political Rights Article 54-58

author:Promise-U Lawyer newstime:2023-03-29 15:38:53views:

Section 7 . Deprivation of Political Rights


第七节 剥夺政治权利


Article 54 . Deprivation of political rights is deprivation of the following rights:


第五十四条  【剥夺政治权利的含义】剥夺政治权利是剥夺下列权利:


(1) The right to elect and the right to be elected;


(一)选举权和被选举权;


(2) the right to freedom of speech, of the press, of assembly, of association, of procession, and of demonstration;


(二)言论、出版、集会、结社、游行、示威自由的权利;


(3) the right to hold a position in state organs; and


(三)担任国家机关职务的权利;


(4) the right to hold a leading position in a state-owned company, enterprise, or institution or people's organization.


(四)担任国有公司、企业、事业单位和人民团体领导职务的权利。


Article 55 . The term of deprivation of political rights is not less than one year and not more than five years, except as otherwise stipulated in Article 57 of this Law.


第五十五条  【剥夺政治权利的期限】剥夺政治权利的期限,除本法第五十七条规定外,为一年以上五年以下。


In situations where a person is sentenced to probation and to deprivation of political rights as a supplementary punishment, the term of deprivation of political rights is to be the same as the term of probation, and the punishments are to be executed at the same time.


判处管制附加剥夺政治权利的,剥夺政治权利的期限与管制的期限相等,同时执行。


Article 56 . A criminal element endangering state security shall be sentenced to deprivation of political rights as a supplementary punishment; a criminal element guilty of murder, rape, arson, explosion, spreading poison, or robbery who seriously undermines social order may also be sentenced to deprivation of political rights as a supplementary punishment.


第五十六条  【剥夺政治权利的附加、独立适用】对于危害国家安全的犯罪分子应当附加剥夺政治权利;对于故意杀人、强奸、放火、爆炸、投毒、抢劫等严重破坏社会秩序的犯罪分子,可以附加剥夺政治权利。


Where deprivation of political rights is applied independently, stipulations in the Special Provisions of this Law shall be followed.


独立适用剥夺政治权利的,依照本法分则的规定。


Article 57 . A criminal element who is sentenced to death or to life imprisonment shall be deprived of political rights for life.


第五十七条  【对死刑、无期徒刑罪犯剥夺政治权利的适用】对于被判处死刑、无期徒刑的犯罪分子,应当剥夺政治权利终身。


When the death penalty with a suspension of execution is reduced to fixed-term imprisonment, or life imprisonment is reduced to fixed-term imprisonment, the term of the supplementary punishment of deprivation of political rights shall be changed to not less than three years and not more than ten years.


在死刑缓期执行减为有期徒刑或者无期徒刑减为有期徒刑的时候,应当把附加剥夺政治权利的期限改为三年以上十年以下。


Article 58 . The term of the supplementary punishment of deprivation of political rights is counted as commencing on the date that imprisonment or limited incarceration ends or on the date that parole begins; the deprivation of political rights is naturally to be effective during the period in which the principal punishment is being executed.


第五十八条  【剥夺政治权利的刑期计算、效力与执行】附加剥夺政治权利的刑期,从徒刑、拘役执行完毕之日或者从假释之日起计算;剥夺政治权利的效力当然施用于主刑执行期间。


A criminal element who is deprived of political rights shall abide by laws, administrative regulations, and relevant regulations on supervision and administration promulgated by public security departments under the State Council; submit to supervision; and is forbidden from exercising rights stipulated in Article 54 of this Law.


被剥夺政治权利的犯罪分子,在执行期间,应当遵守法律、行政法规和国务院公安部门有关监督管理的规定,服从监督;不得行使本法第五十四条规定的各项权利。


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