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Legal Analysis: Add one article after article 37 of the Criminal Law to be article 37-1: "Where a person is sentenced to a criminal punishment for taking advantage of his profession to facilitate the commission of a crime, or for committing a crime that violates the specific obligations required by his profession, the people's court may, on the basis of the circumstances of the crime and the need to prevent further crimes, prohibit him from engaging in the relevant profession for a period of three to five years from the date on which the criminal punishment is completed or the date of parole."
Where a person prohibited from engaging in a relevant profession violates a decision made by a people's court in accordance with the provisions of the preceding paragraph, the public security organs are to give punishment in accordance with law; where the circumstances are serious, follow the provisions of article 313 of this law for conviction and punishment. "Where other laws and administrative regulations have other provisions prohibiting or restricting their engagement in relevant professions, follow those provisions. ”
Legal basis: Article 37 of the Criminal Law of the People's Republic of China: Where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived, but depending on the different circumstances of the case, a reprimand or order a statement of repentance, a formal apology, or compensation for losses, or the competent department may give an administrative punishment or administrative sanction. Article 37-1: Where a criminal punishment is given for taking advantage of their profession to facilitate the commission of a crime, or for committing a crime that violates the specific obligations required by the profession, the people's courts may, on the basis of the circumstances of the crime and the need to prevent recidivism, prohibit them from engaging in the relevant profession from the date on which the criminal punishment is completed or the date of parole, for a period of 3 to 5 years.
Where a person prohibited from engaging in a relevant profession violates a decision made by a people's court in accordance with the provisions of the preceding paragraph, the public security organs are to give punishment in accordance with law; where the circumstances are serious, follow the provisions of article 313 of this law for conviction and punishment. "Where other laws and administrative regulations have other provisions prohibiting or restricting their engagement in relevant professions, follow those provisions.
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Kidnapping, which negligently causes death, is an aggravating offense and is punishable by life imprisonment or the death penalty. Criminal Law: Article 239 Whoever kidnaps another person for the purpose of extorting property, or kidnaps another person as a hostage, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated property; where the circumstances are more minor, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given.
Whoever commits the crime in the preceding paragraph and kills the kidnapped person, or intentionally injures the kidnapped person, causing serious injury or death, shall be sentenced to life imprisonment or death and confiscation of property. Stealing infants and young children for the purpose of extorting property is to be punished in accordance with the provisions of the preceding two paragraphs.
Amendment to the Criminal Code of Nine Limbs Town" V.
Ten. 2. This Amendment shall come into force on November 1, 2015.