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Criminal Code (as approved by Decree-Law No. 58/95/M of November 14, 1995, and as amended up to Law No. 11/2009 of July 6, 2009, on Law against Cyber Crime), Macao, China
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Latest Version in WIPO Lex
Year of Version
2009
Dates
Entry into force:
January 1, 1996
Adopted:
November 8, 1995
Type of Text
IP-related Laws
Subject Matter
Enforcement of IP and Related Laws,
Other
Notes
The Criminal Code was amended in 2001, 2006, 2008, and most recently in 2009.
This consolidated version of the Criminal Code incorporates all the amendments up to Law No. 11/2009 of July 6, 2009, on Law against Cyber Crime, which entered into force on August 5, 2009.
The Industrial Property Code (approved by Decree-Law No. 97/99/M of December 13, 1999), and the Copyright Law (Decree-Law No. 43/99/M of August 16, 1999) refer to the provisions of the Criminal Code.
Section II (Miscellaneous Provisions) of Chapter III (Administrative Offenses) of Part V (Monitoring and Penalties) of the Industrial Property Code contains Article 306(b) stipulating the determination of administrative offenses according to the criteria of Criminal Code; Article 308(1) referring to the application of Article 70 of the Criminal Code; and Article 313(3) relating to the periods of prescription applicable to the administrative procedure and fines in accordance with Articles 111 to 113, 117 and 118 of the Criminal Code.
Article 203(3) of Chapter II of Part V of the Copyright Law stipulates that in case of 'failure to submit to additional penalties, even through an intermediary, shall make the offender guilty of the offenses provided for in Article 317 of the Criminal Code'.
Article 205(3) in the same Chapter provides that Article 61(3) & (4) of the Criminal Code shall apply as appropriate in case of temporary prohibition from exercising certain activities or professions.
Available Texts
Main text(s)
Main text(s)
Chinese
刑法典(1995年11月14日第58/95/M號法令核准,修訂至2009年7月6日第11/2009號法律:打擊電腦犯罪法)
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WIPO Lex No.
MO016