CHINA Law and Practice Contributed by: Xing Nan (Nancy), AnJie Broad Law Firm
Criminal enforcement activities include but are not limited to cases such as letting the offender promote terrorism. Ren Fang was convicted of the crime of advocating terrorism and sentenced to one year and two months in prison (the sentence is calculated from the date of confirmation of the judgment; if he is detained before the execution of the judgment, one day of detention will be deducted from the sentence, that is, from 1 February 2023 to 30 March 2024), and fined RMB2,000. The illegal gains of RMB400 will be recovered according to the law. Because Ren Fang failed to perform the obligations determined by the effective legal documents, the First Criminal Trial Chamber of the Court transferred the fine and the illegal gains of RMB400 to be recovered according to the law for execution. 2.2.5 Mitigation China’s sanctions law does not explicitly stipulate any mitigating steps which can be taken to avoid or lessen penalties imposed as a result of a breach of sanctions. If a Chinese entity is subject to administrative pen - alties for violating sanctions laws, according to the Administrative Penalty Law of the People’s Repub - lic of China, if the illegal act is minor and corrected in a timely manner without causing harmful conse - quences, no administrative penalty shall be imposed. Those who violate the law for the first time with minor consequences and make timely corrections may not be subject to administrative penalties. If the Chinese entity has sufficient evidence to prove that there is no subjective fault, no administrative penalty shall be imposed. Those who actively eliminate or reduce the harmful consequences of illegal acts, voluntarily confess to illegal acts that the administrative organ has not yet uncovered, or who have contributed sig - nificantly to investigations shall be given lighter or reduced administrative penalties. If a Chinese entity is criminally punished for violating sanctions laws and committing a crime, according to the Criminal Law of the People’s Republic of China, if the Chinese entity voluntarily ceases its criminal conduct or effectively prevents harmful consequenc - es during the commission of the crime, those who have not caused damage shall be exempt from pun - ishment; if damage is caused, the punishment shall
be reduced. Criminals who have mitigating circum - stances as stipulated by law shall be sentenced to a punishment below the statutory penalty. Those who voluntarily surrender after committing a crime and truthfully confess their crimes are considered to have surrendered themselves. For criminals who surrender themselves, the punishment may be lighter or reduced; those who commit minor crimes may be exempt from punishment. Criminals who have exposed the criminal behaviour of others, which has been verified to be true through investigation, or who have provided important clues that have enabled investigators to solve other cases, etc, may be given lighter or reduced punish - ment; those who have made significant contributions may have their punishment reduced or waived. 2.2.6 “Strict Liability” According to the Law of the People’s Republic of China on Countering Foreign Sanctions, if foreign countries violate international law and basic norms of international relations, use various pretexts or, based on their own laws to contain and suppress China, take discriminatory restrictive measures against Chinese citizens and organisations, and interfere in China’s internal affairs, China has the right to take correspond - ing countermeasures. The unreliable entity list mechanism under the Provi - sions on the List of Unreliable Entities targets foreign entities engaged in harming China’s national sover - eignty, security, and development interests, or vio - lating normal market trading principles, interrupting normal transactions with Chinese entities, or taking discriminatory measures against Chinese entities, seriously damaging the legitimate rights and interests of Chinese entities. The working mechanism will make a decision on whether to include the relevant foreign entities in the list of unreliable entities considering the degree of harm to China’s national sovereignty, secu - rity, and development interests, the degree of damage to the legitimate rights and interests of Chinese enti - ties and whether it complies with international trade and economic rules. In short, whether the foreign entities conduct the above behaviours out of intent or negligence is not considered by the authorities according to the above- mentioned provisions.
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