國家主席習近平簽署發(fā)布特赦令 在中華人民共和國成立七十周年之際對九類服刑罪犯實行特赦

Chinese President Xi Jinping on Saturday signed and issued an order of special pardons for nine categories of criminals on the occasion of the 70th anniversary of the founding of the People's Republic of China (PRC). The decision of granting the special pardons had been adopted by the Standing Committee of the National People's Congress, China's top legislature, at a bimonthly session which closed Saturday.

國家主席習近平29日簽署發(fā)布特赦令，根據(jù)十三屆全國人大常委會第十一次會議29日通過的全國人大常委會關于在中華人民共和國成立七十周年之際對部分服刑罪犯予以特赦的決定，對九類服刑罪犯實行特赦。

The nine categories of criminals who are serving their sentences effective before Jan. 1, 2019, will be pardoned, according to the order. They include:

根據(jù)國家主席特赦令，對依據(jù)2019年1月1日前人民法院作出的生效判決正在服刑的九類罪犯實行特赦：

1. Those who fought in the Chinese People's War of Resistance against Japanese Aggression and the Chinese People's War of Liberation;

一是參加過中國人民抗日戰(zhàn)爭、中國人民解放戰(zhàn)爭的;

2. Those who fought in wars to safeguard national sovereignty, security and territorial integrity after the founding of the PRC in 1949;

二是中華人民共和國成立以后，參加過保衛(wèi)國家主權、安全和領土完整對外作戰(zhàn)的;

3. Those who made fairly big contributions to the advancement of the country's major projects after the founding of the PRC and received honors of provincial and ministerial level or above, including "Model Workers," "Advanced Workers," and "May 1 Labor Medals;"

三是中華人民共和國成立以后，為國家重大工程建設做過較大貢獻并獲得省部級以上“勞動模范”“先進工作者”“五一勞動獎章”等榮譽稱號的;

4. Those who used to be on active service and received first class merit citations or higher-level awards;

四是曾系現(xiàn)役軍人并獲得個人一等功以上獎勵的;

5. Those who were sentenced to less than three years in prison or have less than one year of remaining prison terms for acts of excessive defense or acts to avert danger in emergencies that exceed the limits of necessity;

五是因防衛(wèi)過當或者避險過當，被判處三年以下有期徒刑或者剩余刑期在一年以下的;

6. Those aged 75 or above who have serious physical disabilities and are unable to take care of themselves;

六是年滿七十五周歲、身體嚴重殘疾且生活不能自理的;

7. Those who committed crimes when they were under 18, and were sentenced to less than three years in prison or have less than one year of remaining prison terms;

七是犯罪的時候不滿十八周歲，被判處三年以下有期徒刑或者剩余刑期在一年以下的;

8. Female prisoners who have been bereaved of their spouses and have to take care of their underage children or children with serious disabilities who are unable to care for themselves; they are eligible only under the condition that they were sentenced to less than three years in prison or that their remaining jail terms are less than one year;

八是喪偶且有未成年子女或者有身體嚴重殘疾、生活不能自理的子女，確需本人撫養(yǎng)的女性，被判處三年以下有期徒刑或者剩余刑期在一年以下的;

9. Those granted a parole who have undergone more than one fifth of their parole probation periods, or who received a public surveillance sentence.

九是被裁定假釋已執(zhí)行五分之一以上假釋考驗期的，或者被判處管制的。

Criminals who fall into the above nine categories but are found in any of the following situations shall not be pardoned, according to the order:

國家主席特赦令同時明確，上述九類對象中，具有以下情形之一的，不得特赦：

1. Those who fall into the 2nd, 3rd, 4th, 7th, 8th and 9th categories listed above, but committed embezzlement, acceptance of bribes, servicemen's transgression of duties, intentional homicide, rape, robbery, kidnap, arson, explosion, spreading hazardous substances, organized crimes of violence, mafia-natured organized crimes, trafficking in narcotic drugs, crimes of endangering national security, terrorism, or were convicted as principal criminals or recidivists of other organized crimes;

一是第二、三、四、七、八、九類對象中系貪污受賄犯罪，軍人違反職責犯罪，故意殺人、強奸、搶劫、綁架、放火、爆炸、投放危險物質(zhì)或者有組織的暴力性犯罪，黑社會性質(zhì)的組織犯罪，販賣毒品犯罪，危害國家安全犯罪，恐怖活動犯罪的罪犯，其他有組織犯罪的主犯，累犯的;

2. Among criminals falling into the 2nd, 3rd, 4th and 9th categories, those who have more than 10 years of remaining prison terms to serve, and who are still serving life imprisonment or in the suspension period of death penalty;

二是第二、三、四、九類對象中剩余刑期在十年以上的和仍處于無期徒刑、死刑緩期執(zhí)行期間的;

3. Those who had been pardoned but were subject to criminal punishment again for crimes;

三是曾經(jīng)被特赦又因犯罪被判處刑罰的;

4. Those who refused to admit their guilt, repent and mend their ways;

四是不認罪悔改的;

5. Those who are deemed an actual threat to society after evaluation.

五是經(jīng)評估具有現(xiàn)實社會危險性的。

Prisoners who meet the above-mentioned requirements on June 29, 2019 will be released upon court ruling, according to the order.

國家主席特赦令指示，對2019年6月29日符合上述條件的服刑罪犯，經(jīng)人民法院依法作出裁定后，予以釋放。

Special pardons this year are the ninth after the founding of the PRC, according to an official with the Legislative Affairs Commission of the NPC Standing Committee.

全國人大常委會法制工作委員會有關負責人表示，今年進行的這次特赦，是新中國成立后第九次特赦。

From 1949 to 1975, seven special pardons were granted to prisoners including war criminals and counterrevolutionary criminals. In 2015, the country pardoned 31,527 criminals to mark the 70th anniversary of the victory of the Chinese People's War of Resistance Against Japanese Aggression and the World Anti-Fascist War.

新中國成立后至1975年，對戰(zhàn)爭罪犯、反革命罪犯和部分普通刑事罪犯進行過七次特赦。2015年，在中國人民抗日戰(zhàn)爭暨世界反法西斯戰(zhàn)爭勝利70周年之際，我國又特赦了31527名罪犯。

China's Constitution has explicit stipulations related to special pardons, the official said when expounding on the decision.

憲法中對特赦制度作了明確規(guī)定。

According to Article 80 of the Constitution, the President of the PRC issues orders of special pardons in pursuance of the decisions of the NPC Standing Committee.

根據(jù)第八十條的規(guī)定，中華人民共和國主席根據(jù)全國人民代表大會常務委員會的決定，發(fā)布特赦令。

It is of great significance to grant special pardons to criminals at the historic moment of the 70th anniversary of the PRC's founding, said the official, adding the move demonstrates the efforts of the Communist Party of China Central Committee with Comrade Xi Jinping at the core to inherit and carry on the fine traditions of the Chinese civilization including discreet penalty and benevolence.

2019年是新中國成立70周年，在這一重要歷史時刻，對部分罪犯實行特赦，具有重大意義。有利于彰顯以習近平同志為核心的黨中央承續(xù)中華文明慎刑恤囚、明刑弼教的優(yōu)良傳統(tǒng)。

Moreover, the special pardons can help promote the notion of law-based governance, create a social atmosphere of Constitution-based governance, advance China's rule of law, and promote social harmony and stability, said the official.

有利于弘揚全面依法治國理念，形成依憲執(zhí)政、依憲治國的良好社會氛圍，深入推進法治中國建設，促進社會和諧穩(wěn)定。

The move also demonstrates China's judicial protection of human rights and the country's open, democratic, rule-of-law and culturally advanced image, said the official.

有利于展現(xiàn)我國人權司法保障水平，進一步樹立我國開放、民主、法治、文明的國際形象。

The special pardons must be carried out in accordance with the law and in an active, prudent and orderly manner that honors fairness and justice, the official noted.

此次特赦必須遵循以下基本原則：堅持積極審慎，堅持公平公正，堅持依法辦理，堅持平穩(wěn)有序。

The pardoned include both Chinese criminals and those of foreign nationalities, the official added.

特赦對象，既包括中國籍罪犯，也包括外國籍罪犯。