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Criminal penalties in China
Checked in October 2026 against the 中华人民共和国刑法 (Criminal Law of the PRC), as amended to 29 December 2023, Chinese text.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. We read the code in its original language and give the offences in plain English, with the legal term where it helps. For anything that matters, rely on the code itself. Not legal advice.
How China sets penalties
- The Criminal Law lists the main penalties as control (管制, 3 months to 2 years), criminal detention (拘役, 1 to 6 months), fixed-term imprisonment (6 months to 15 years), life imprisonment and death (arts. 38, 42, 45, 48). The longer terms are possible only where the law says so, as for combined sentences.
- Most articles give a band of penalties for increasing seriousness: for example 'up to three years, detention or control', then 'three to ten years', then 'ten years or more, life or death'. The court moves to a higher band where the amount is large or the circumstances are 'serious' or 'especially serious'.
- Where an article says 'and a fine' the court sets the fine, and the amounts are not shown. Confiscation of property is added in the gravest cases.
- China divides killing by intent, not by degrees. Intentional homicide (art. 232) carries the same range for every killing, with a lighter band for 'relatively minor circumstances'. A killing by negligence is a separate crime (art. 233).
- The text read here is the Criminal Law as amended to 29 December 2023, copied on a government site. Check the National Laws and Regulations Database for later changes.
Death penalty: Yes. The Criminal Law keeps the death penalty and says it applies only to criminals who have committed 'extremely serious' crimes (art. 48). A death sentence may be given with a two-year suspension. If the person commits no intentional crime in that time, it is commuted to life imprisonment, or to 25 years where there is major meritorious service (art. 50). A death sentence must be reviewed and approved by the Supreme People's Court, except where that court passed it.
Read the China legal-system profile in the Legal Families Atlas →
First-degree murder
Death, life imprisonment, or at least 10 years
Intentional homicide (故意杀人罪) (Crime (fixed-term imprisonment))
- Least
- 10 years (if a fixed term is chosen)
- Most
- Death, or life imprisonment, or fixed-term imprisonment of 15 years (the longest fixed term, art. 45)
China has one crime of intentional homicide (故意杀人罪). The ordinary penalty is the band below. Death is available, including with a two-year suspension.
Second-degree murder
3 to 10 years (intentional homicide with relatively minor circumstances)
Intentional homicide in relatively minor circumstances (情节较轻) (Crime (fixed-term imprisonment))
- Least
- 3 years
- Most
- 10 years' fixed-term imprisonment
China does not divide murder into degrees. The lighter band of the same article, for 'relatively minor circumstances' (情节较轻), is the closest to a lesser form of killing.
Voluntary manslaughter
Up to 3 years (negligent homicide, minor) up to 3 to 7 years (negligent homicide); intentional injury causing death is punished as grave as 10 years to death
Negligent homicide in relatively minor circumstances (过失致人死亡罪, 情节较轻) (Crime (fixed-term imprisonment))
- Least
- No minimum term set by the statute
- Most
- 3 years' fixed-term imprisonment
Negligent homicide (过失致人死亡罪) (Crime (fixed-term imprisonment))
- Least
- 3 years
- Most
- 7 years' fixed-term imprisonment
Intentional homicide in relatively minor circumstances (情节较轻) (Crime (fixed-term imprisonment))
- Least
- 3 years
- Most
- 10 years' fixed-term imprisonment
Intentional injury that causes death (故意伤害罪, 致人死亡) (Crime (fixed-term imprisonment))
- Least
- 10 years (if a fixed term is chosen)
- Most
- Death, or life imprisonment, or fixed-term imprisonment of 15 years
China has no separate crime of voluntary manslaughter. A killing in the heat of anger is punished as intentional homicide, with the lighter band where the circumstances were relatively minor (3 to 10 years). A death caused by intentional injury is punished under art. 234(2). A killing by negligence is art. 233.
Robbery
3 to 10 years (robbery) up to at least 10 years, life or death (aggravated robbery)
Robbery (抢劫罪: taking public or private property by violence, coercion or other means) (Crime (fixed-term imprisonment))
- Least
- 3 years
- Most
- 10 years' fixed-term imprisonment
- Fine
- A fine is imposed as well
Robbery in an aggravated case (listed in art. 263(1) to (8)) (Crime (fixed-term imprisonment))
- Least
- 10 years (if a fixed term is chosen)
- Most
- Death, or life imprisonment, or fixed-term imprisonment of 15 years
A fine or confiscation of property is also imposed.
The aggravated cases include robbing a home, robbing on public transport, robbing a bank, repeated robbery or a very large amount, causing serious injury or death, impersonating military or police, using a firearm, and robbing relief or military supplies.
Burglary
Up to 3 years (trespass, or theft) up to 3 to 10 years (large amounts), 10 years to life (especially large amounts)
Illegal intrusion into another's residence (非法侵入住宅罪) (Crime (fixed-term imprisonment))
- Least
- No minimum term set by the statute
- Most
- 3 years' fixed-term imprisonment, or criminal detention (1 to 6 months)
Theft of a relatively large amount, repeated theft, theft by entering a home, theft carrying a weapon, or pickpocketing (盗窃罪) (Crime (fixed-term imprisonment))
- Least
- No minimum term set by the statute
- Most
- 3 years' fixed-term imprisonment, or criminal detention or control
- Fine
- A fine may also be imposed
Theft of a huge amount or with other serious circumstances (Crime (fixed-term imprisonment))
- Least
- 3 years
- Most
- 10 years' fixed-term imprisonment
- Fine
- A fine is imposed as well
Theft of an especially huge amount or with other especially serious circumstances (Crime (fixed-term imprisonment))
- Least
- 10 years (if a fixed term is chosen)
- Most
- Life imprisonment (无期徒刑), or fixed-term imprisonment of 15 years
A fine or confiscation of property is also imposed.
China has no crime named 'burglary'. Entering a home to steal ('入户盗窃') is a form of theft, and unlawfully entering another's home is a separate crime (art. 245).
Arson
3 to 10 years (arson that endangers public safety) up to death (causing serious injury, death or heavy loss)
Negligent arson, in relatively minor circumstances (Crime (fixed-term imprisonment))
- Least
- No minimum term set by the statute
- Most
- 3 years' fixed-term imprisonment, or criminal detention
Negligent arson (过失放火) (Crime (fixed-term imprisonment))
- Least
- 3 years
- Most
- 7 years' fixed-term imprisonment
Arson and other dangerous methods that endanger public safety, with no serious consequences yet (放火罪) (Crime (fixed-term imprisonment))
- Least
- 3 years
- Most
- 10 years' fixed-term imprisonment
Arson causing serious injury, death or heavy loss of property (Crime (fixed-term imprisonment))
- Least
- 10 years (if a fixed term is chosen)
- Most
- Death, or life imprisonment, or fixed-term imprisonment of 15 years
China punishes arson as a crime against public safety (放火罪, art. 114 and 115): setting fire, flooding, exploding or poisoning, or using other dangerous methods. Setting fire to one's own or another's property with no danger to the public is a different crime (damage to property, art. 275), not shown here.
Aggravated assault
Up to 3 years (intentional injury) up to 3 to 10 years (serious injury) and 10 years to death (death or especially cruel serious disability)
Intentional injury (故意伤害罪) (Crime (fixed-term imprisonment))
- Least
- No minimum term set by the statute
- Most
- 3 years' fixed-term imprisonment, or criminal detention or control
Intentional injury causing serious injury (致人重伤) (Crime (fixed-term imprisonment))
- Least
- 3 years
- Most
- 10 years' fixed-term imprisonment
Intentional injury causing death, or causing serious disability by especially cruel means (Crime (fixed-term imprisonment))
- Least
- 10 years (if a fixed term is chosen)
- Most
- Death, or life imprisonment, or fixed-term imprisonment of 15 years
Rape and sexual assault
3 to 10 years (rape) up to at least 10 years, life or death (aggravated)
Rape (强奸罪) (Crime (fixed-term imprisonment))
- Least
- 3 years
- Most
- 10 years' fixed-term imprisonment
Rape in an aggravated case (a bad case, multiple victims, in public, gang rape, a girl under 10, or causing serious injury, death or other grave consequences) (Crime (fixed-term imprisonment))
- Least
- 10 years (if a fixed term is chosen)
- Most
- Death, or life imprisonment, or fixed-term imprisonment of 15 years
Article 236 defines rape as forcing a woman by violence, coercion or other means. Intercourse with a girl under 14 is treated as rape, with a heavier penalty. The gravest cases include rape in public, by two or more, of a girl under 10, or causing serious injury or death.
Kidnapping
Up to 3 years (unlawful detention) up to 10 years to life (kidnapping for ransom), and life or death if the victim is killed
Unlawful detention (非法拘禁罪) (Crime (fixed-term imprisonment))
- Least
- No minimum term set by the statute
- Most
- 3 years' fixed-term imprisonment, or criminal detention, control or deprivation of political rights
The penalty is increased where beating or humiliation is involved.
Unlawful detention causing serious injury, or death (Crime (fixed-term imprisonment))
- Least
- 3 years for serious injury, or 10 years for death
- Most
- 15 years' fixed-term imprisonment
Where violence causes disability or death, arts. 234 and 232 apply.
Kidnapping to extort property or to take a hostage (绑架罪), in relatively minor circumstances (Crime (fixed-term imprisonment))
- Least
- 5 years
- Most
- 10 years' fixed-term imprisonment
- Fine
- A fine is imposed as well
Kidnapping to extort property or to take a hostage (绑架罪) (Crime (fixed-term imprisonment))
- Least
- 10 years (if a fixed term is chosen)
- Most
- Life imprisonment (无期徒刑), or fixed-term imprisonment of 15 years
A fine or confiscation of property is also imposed.
Kidnapping where the victim is killed, or seriously injured or killed through intentional injury (Crime (fixed-term imprisonment))
- Least
- No minimum term set by the statute
- Most
- Death, or life imprisonment
Confiscation of property is also imposed.
Embezzlement
Up to 2 years (misappropriating entrusted property) up to 10 years to life (employee, very large amount)
Misappropriation of entrusted property, a relatively large amount, refusing to return it (侵占罪) (Crime (fixed-term imprisonment))
- Least
- No minimum term set by the statute
- Most
- 2 years' fixed-term imprisonment, or criminal detention or a fine
Prosecuted only on the victim's complaint.
Misappropriation of entrusted property, a huge amount or other serious circumstances (Crime (fixed-term imprisonment))
- Least
- 2 years
- Most
- 5 years' fixed-term imprisonment
- Fine
- A fine is imposed as well
Misappropriation by staff of a company, a relatively large amount (职务侵占罪) (Crime (fixed-term imprisonment))
- Least
- No minimum term set by the statute
- Most
- 3 years' fixed-term imprisonment, or criminal detention
- Fine
- A fine is imposed as well
Misappropriation by staff of a company, a huge amount (Crime (fixed-term imprisonment))
- Least
- 3 years
- Most
- 10 years' fixed-term imprisonment
- Fine
- A fine is imposed as well
Misappropriation by staff of a company, an especially huge amount (Crime (fixed-term imprisonment))
- Least
- 10 years (if a fixed term is chosen)
- Most
- Life imprisonment (无期徒刑), or fixed-term imprisonment of 15 years
- Fine
- A fine is imposed as well
China has two crimes. Misappropriation of entrusted property (侵占罪, art. 270) is keeping property held for another. Misappropriation by staff of a company (职务侵占罪, art. 271) is taking the employer's property by using one's job, and carries heavier bands. Where the offender is in a state-owned body, the crime is corruption (arts. 382 and 383), not shown here.
Forgery
Up to 3 years (forging official documents or seals) up to 3 to 10 years (serious cases)
Forging, altering, buying or stealing identity papers, passports, social-security cards or driving licences (伪造、变造、买卖身份证件罪) (Crime (fixed-term imprisonment))
- Least
- No minimum term set by the statute
- Most
- 3 years' fixed-term imprisonment, or criminal detention, control or deprivation of political rights
- Fine
- A fine is imposed as well
In serious cases, 3 to 7 years.
Forging, altering, buying or stealing official documents, certificates or seals of State organs (伪造、变造、买卖国家机关公文、证件、印章罪) (Crime (fixed-term imprisonment))
- Least
- No minimum term set by the statute
- Most
- 3 years' fixed-term imprisonment, or criminal detention, control or deprivation of political rights
- Fine
- A fine is imposed as well
In serious cases, 3 to 10 years.
Drunk driving, first offence
Criminal detention (1 to 6 months) and a fine for drunk driving
Drunk driving (危险驾驶罪: 醉酒驾驶机动车) (Crime (criminal detention))
- Least
- 1 month (art. 42)
- Most
- 6 months' criminal detention
- Fine
- A fine is imposed as well
Where it also amounts to another crime, such as causing a death by traffic accident, the heavier penalty applies.
Under art. 133-1, driving a motor vehicle on the road while drunk is a crime in itself, punished with criminal detention and a fine. We have not read the rules that set the alcohol level.
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