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发信人: quakefans (王伟是我偶像), 信区: CL
标 题: 《刑法》英文版
发信站: 荔园晨风BBS站 (Sun Oct 14 11:49:21 2001), 转信
CRIMINAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Effective Date：1997.10.01--Ineffective Date：)
PART ONE GENERAL PROVISIONS CHAPTER I THE AIM, BASIC PRINCIPLES AND
SCOPE OF APPLICATION OF THE CRIMINAL LAW CHAPTER II CRIMES SECTION 1
CRIMES AND CRIMINAL RESPONSIBILITY SECTION 2 PREPARATION FOR A CRIME,
CRIMINAL ATTEMPT AND DISCONTINUATION OF A CRIME SECTION 3 JOINT CRIMES
SECTION 4 CRIMES COMMITTED BY A UNIT CHAPTER III PUNISHMENTS SECTION 1
TYPES OF PUNISHMENTS SECTION 2 PUBLIC SURVEILLANCE SECTION 3 CRIMINAL
DETENTION SECTION 4 FIXED-TERM IMPRISONMENT AND LIFE IMPRISONMENT
SECTION 5 THE DEATH PENALTY SECTION 6 FINES SECTION 7 DEPRIVATION OF
POLITICAL RIGHTS SECTION 8 CONFISCATION OF PROPERTY CHAPTER IV THE
CONCRETE APPLICATION OF PUNISHMENTS SECTION 1 SENTENCING SECTION 2
RECIDIVISTS SECTION 3 VOLUNTARY SURRENDER AND MERITORIOUS PERFORMANCE
SECTION 4 COMBINED PUNISHMENT FOR SEVERAL CRIMES SECTION 5 SUSPENSION OF
SENTENCE SECTION 6 COMMUTATION OF PUNISHMENT SECTION 7 PAROLE SECTION 8
LIMITATION CHAPTER V OTHER PROVISIONS PART TWO SPECIFIC PROVISIONS
CHAPTER I CRIMES OF ENDANGERING NATIONAL SECURITY CHAPTER II CRIMES OF
ENDANGERING PUBLIC SECURITY CHAPTER III CRIMES OF DISRUPTING THE ORDER
OF THE SOCIALIST MARKET ECONOMY SECTION 1 CRIMES OF PRODUCING AND
MARKETING FAKE OR SUBSTANDARD COMMODITIES SECTION 2 CRIMES OF
SMUGGLING SECTION 3 CRIMES OF DISRUPTING THE ORDER OF ADMINISTRATION
OF COMPANIES AND ENTERPRISES SECTION 4 CRIMES OF DISRUPTING THE ORDER OF
FINANCIAL ADMINISTRATION SECTION 5 CRIMES OF FINANCIAL FRAUD SECTION
6 CRIMES OF JEOPARDIZING ADMINISTRATION OF TAX COLLECTION SECTION 7
CRIMES OF INFRINGING ON INTELLECTUAL PROPERTY RIGHTS SECTION 8 CRIMES OF
DISRUPTING MARKET ORDER CHAPTER IV CRIMES OF INFRINGING UPON
CITIZENS' RIGHT OF THE PERSON AND DEMOCRATIC RIGHTS CHAPTER V CRIMES
OF PROPERTY VIOLATION CHAPTER VI CRIMES OF OBSTRUCTING THE
ADMINISTRATION OF PUBLIC ORDER SECTION 1 CRIMES OF DISTURBING PUBLIC
ORDER SECTION 2 CRIMES OF IMPAIRING JUDICIAL ADMINISTRATION SECTION 3
CRIMES AGAINST CONTROL OF NATIONAL BORDER (FRONTIER) SECTION 4 CRIMES
AGAINST CONTROL OF CULTURAL RELICS SECTION 5 CRIMES OF IMPAIRING
PUBLIC HEALTH SECTION 6 CRIMES OF IMPAIRING THE PROTECTION OF
ENVIRONMENT AND RESOURCES SECTION 7 CRIMES OF SMUGGLING, TRAFFICKING IN,
TRANSPORTING AND MANUFACTURING NARCOTIC DRUGS SECTION 8 CRIMES OF
ORGANIZING, FORCING, LURING, SHELTERING OR PROCURING OTHER PERSONS TO
ENGAGE IN PROSTITUTION SECTION 9 CRIMES OF PRODUCING, SELLING,
DISSEMINATING PORNOGRAPHIC MATERIALS CHAPTER VII CRIMES OF IMPAIRING THE
INTERESTS OF NATIONAL DEFENCE CHAPTER VIII CRIMES OF EMBEZZLEMENT AND
BRIBERY CHAPTER IX CRIMES OF DERELICTION OF DUTY CHAPTER X CRIMES OF
SERVICEMEN'S TRANSGRESSION OF DUTIES CHAPTER XI SUPPLEMENTARY
PROVISIONS
CHAPTER I THE AIM, BASIC PRINCIPLES AND SCOPE OF APPLICATION OF THE
Article 1 In order to punish crimes and protect the people, this Law
is enacted on the basis of the Constitution and in the light of the
concrete experiences and actual circumstances in China's fight against
crimes.
Article 2 The aim of the Criminal Law of the People's Republic of
China is to use criminal punishments to fight against all criminal
acts in order to safeguard security of the State, to defend the State
power of the people's democratic dictatorship and the socialist system,
to protect property owned by the State, and property collectively owned
by the working people and property privately owned by citizens, to
protect citizens' rights of the person and their democratic and other
rights, to maintain public and economic order, and to ensure the
smooth progress of socialist construction.
Article 3 For acts that are explicitly defined as criminal acts in law,
the offenders shall be convicted and punished in accordance with law;
otherwise, they shall not be convicted or punished.
Article 4 The law shall be equally applied to anyone who commits a
crime. No one shall have the privilege of transcending the law.
Article 5 The degree of punishment shall be commensurate with the
crime committed and the criminal responsibility to be borne by the
offender.
Article 6 This Law shall be applicable to anyone who commits a crime
within the territory and territorial waters and space of the People's
republic of China, except as otherwise specifically provided by law.
This Law shall also be applicable to anyone who commits a crime on board
a ship or aircraft of the People's Republic of China.
If a criminal act or its consequence takes place within the territory or
territorial waters or space of the People's Republic of China, the
crime shall be deemed to have been committed within the territory and
territorial waters and space of the People's Republic of China.
Article 7 This Law shall be applicable to any citizen of the People's
Republic of China who commits a crime prescribed in this Law outside the
territory and territorial waters and space of the People's Republic
of China; however, if the maximum punishment to be imposed is fixed-term
imprisonment of not more than three years as stipulated in this Law, he
may be exempted from the investigation for his criminal
responsibility.
This Law shall be applicable to any State functionary or serviceman
who commits a crime prescribed in this Law outside the territory and
territorial waters and space of the People's Republic of China.
Article 8 This Law may be applicable to any foreigner who commits a
crime outside the territory and territorial waters and space of the
People's Republic of China against the State of the People's Republic of
China or against any of its citizens, if for that crime this Law
prescribes a minimum punishment of fixed-term imprisonment of not less
than three years; however, this does not apply to a crime that is not
punishable according to the laws of the place where it is committed.
crime shall be deemed to have been committed within the territory and
territorial waters and space of the People's Republic of China.
Article 7 This Law shall be applicable to any citizen of the People's
Republic of China who commits a crime prescribed in this Law outside the
territory and territorial waters and space of the People's Republic
of China; however, if the maximum punishment to be imposed is fixed-term
imprisonment of not more than three years as stipulated in this Law, he
may be exempted from the investigation for his criminal
responsibility.
This Law shall be applicable to any State functionary or serviceman
who commits a crime prescribed in this Law outside the territory and
territorial waters and space of the People's Republic of China.
Article 8 This Law may be applicable to any foreigner who commits a
crime outside the territory and territorial waters and space of the
People's Republic of China against the State of the People's Republic of
China or against any of its citizens, if for that crime this Law
prescribes a minimum punishment of fixed-term imprisonment of not less
than three years; however, this does not apply to a crime that is not
punishable according to the laws of the place where it is committed.
Article 9 This Law shall be applicable to crimes which are stipulated in
international treaties concluded or acceded to by the People's Republic
of China and over which the People's Republic of China exercises
criminal jurisdiction within the scope of obligations, prescribed in
these treaties, it agrees to perform.
Article 10 Any person who commits a crime outside the territory and
territorial waters and space of the People's Republic of China, for
which according to this Law he should bear criminal responsibility,
may still be investigated for his criminal responsibility according to
this Law, even if he has already been tried in a foreign country.
However, if he has already received criminal punishment in the foreign
country, he may be exempted from punishment or given a mitigated
punishment.
Article 11 The criminal responsibility of foreigners who enjoy
diplomatic privileges and immunities shall be solved through
diplomatic channels.
Article 12 If an act committed after the founding of the People's
Republic of China and before the entry into force of this Law was not
deemed a crime under the laws at the time, those laws shall apply. If
the act was deemed a crime under the laws in force at the time and is
subject to prosecution under the provisions of Section 8, Chapter IV
of the General Provisions of this Law, criminal responsibility shall
be investigated in accordance with those laws. However, if according
to this Law the act is not deemed a crime or is subject to a lighter
punishment, this Law shall apply.
Before the entry into force of this Law, any judgment that has been made
and has become effective according to the laws at the time shall remain
valid.
SECTION 1 CRIMES AND CRIMINAL RESPONSIBILITY
Article 13 A crime refers to an act that endangers the sovereignty,
territorial integrity and security of the State, splits the State,
subverts the State power of the people's democratic dictatorship and
overthrows the socialist system, undermines public and economic order,
violates State-owned property, property collectively owned by the
working people, or property privately owned by citizens, infringes on
the citizens' rights of the person, their democratic or other rights,
and any other act that endangers society and is subject to punishment
according to law. However, if the circumstances are obviously minor
and the harm done is not serious, the act shall not be considered a
crime.
Article 14 An intentional crime refers to an act committed by a person
who clearly knows that his act will entail harmful consequences to
society but who wishes or allows such consequences to occur, thus
constituting a crime.
Criminal responsibility shall be borne for intentional crimes.
Article 15 A negligent crime refers to an act committed by a person
who should have foreseen that his act would possibly entail harmful
consequences to society but who fails to do so through his negligence
or, having foreseen the consequences, readily believes that they can
be avoided, so that the consequences do occur.
Criminal responsibility shall be borne for negligent crimes only when
the law so provides.
Article 16 An act is not a crime if it objectively results in harmful
consequences due to irresistible or unforeseeable causes rather than
intent or negligence.
Article 17 If a person who has reached the age of 16 commits a crime, he
shall bear criminal responsibility.
If a person who has reached the age of 14 but not the age of 16
commits intentional homicide, intentionally hurts another person so as
to cause serious injury or death of the person, or commits rape,
robbery, drug- trafficking, arson, explosion or poisoning, he shall bear
criminal responsibility.
If a person who has reached the age of 14 but not the age of 18
commits a crime, he shall be given a lighter or mitigated punishment.
If a person is not given criminal punishment because he has not
reached the age of 16, the head of his family or his guardian shall be
ordered to discipline him. When necessary, he may be taken in by the
government for rehabilitation.
Article 18 If a mental patient causes harmful consequences at a time
when he is unable to recognize or control his own conduct, upon
verification and confirmation through legal procedure, he shall not bear
criminal responsibility, but his family members or guardian shall be
ordered to keep him under strict watch and control and arrange for his
medical treatment. When necessary, the government may compel him to
receive medical treatment.
Any person whose mental illness is of an intermittent nature shall
bear criminal responsibility if he commits a crime when he is in a
normal mental state.
If a mental patient who has not completely lost the ability of
recognizing or controlling his own conduct commits a crime, he shall
bear criminal responsibility; however, he may be given a lighter or
mitigated punishment.
Any intoxicated person who commits a crime shall bear criminal
responsibility.
Article 19 Any deaf-mute or blind person who commits a crime may be
given a lighter or mitigated punishment or be exempted from punishment.
Article 20 An act that a person commits to stop an unlawful infringement
in order to prevent the interests of the State and the public, or his
own or other person's rights of the person, property or other rights
from being infringed upon by the on-going infringement, thus harming the
perpetrator, is justifiable defence, and he shall not bear criminal
responsibility.
If a person's act of justifiable defence obviously exceeds the limits of
necessity and causes serious damage, he shall bear criminal
responsibility; however, he shall be given a mitigated punishment or
be exempted from punishment.
If a person acts in defence against an on-going assault, murder,
robbery, rape, kidnap or any other crime of violence that seriously
endangers his personal safety, thus causing injury or death to the
perpetrator of the unlawful act, it is not undue defence, and he shall
not bear criminal responsibility.
Article 21 If a person is compelled to commit an act in an emergency
to avert an immediate danger to the interests of the State or the
public, or his own or another person's rights of the person, property or
other rights, thus causing damage, he shall not bear criminal
responsibility.
If the act committed by a person in an emergency to avert danger exceeds
the limits of necessity and causes undue damage, he shall bear criminal
responsibility; however, he shall be given a mitigated punishment or be
exempted from punishment.
The provisions of the first paragraph of this Article with respect to
averting danger to oneself shall not apply to a person who is charged
with special responsibility in his post or profession.
SECTION 2 PREPARATION FOR A CRIME, CRIMINAL ATTEMPT AND
DISCONTINUATION
Article 22 Preparation for a crime refers to the preparation of the
instruments or the creation of the conditions for a crime.
An offender who prepares for a crime may, in comparison with one who
completes the crime, be given a lighter or mitigated punishment or be
exempted from punishment.
Article 23 A criminal attempt refers to a case where an offender has
already started to commit a crime but is prevented from completing it
for reasons independent of his will.
An offender who attempts to commit a crime may, in comparison with one
who completes the crime, be given a lighter or mitigated punishment.
Article 24 Discontinuation of a crime refers to a case where, in the
course of committing a crime, the offender voluntarily discontinues
the crime or voluntarily and effectively prevents the consequences of
the crime from occurring.
An offender who discontinues a crime shall, if no damage is caused, be
exempted from punishment or, if any damage is caused, be given a
mitigated punishment.
Article 25 A joint crime refers to an intentional crime committed by two
or more persons jointly.
A negligent crime committed by two or more persons jointly shall not
be punished as a joint crime; however, those who should bear criminal
responsibility shall be individually punished according to the crimes
they have committed.
Article 26 A principal criminal refers to any person who organizes and
leads a criminal group in carrying out criminal activities or plays a
principal role in a joint crime.
A criminal group refers to a relatively stable criminal organization
formed by three or more persons for the purpose of committing crimes
jointly.
Any ringleader who organizes or leads a criminal group shall be punished
on the basis of all the crimes that the criminal group has committed.
Any principal criminal not included in Paragraph 3 shall be punished
on the basis of all the crimes that he participates in or that he
organizes or directs.
Article 27 An accomplice refers to any person who plays a secondary or
auxiliary role in a joint crime.
An accomplice shall be given a lighter or mitigated punishment or be
exempted from punishment.
Article 28 Anyone who is coerced to participate in a crime shall be
given a mitigated punishment or be exempted from punishment in the light
of the circumstances of the crime he commits.
Article 29 Anyone who instigates another to commit a crime shall be
punished according to the role he plays in a joint crime. Anyone who
instigates a person under the age of 18 to commit a crime shall be given
a heavier punishment.
If the instigated person has not committed the instigated crime, the
instigator may be given a lighter or mitigated punishment.
SECTION 4 CRIMES COMMITTED BY A UNIT
Article 30 Any company, enterprise, institution, State organ, or
organization that commits an act that endangers society, which is
prescribed by law as a crime committed by a unit, shall bear criminal
responsibility.
Article 31 Where a unit commits a crime, it shall be fined, and the
persons who are directly in charge and the other persons who are
directly responsible for the crime shall be given criminal punishment.
Where it is otherwise provided for in the Specific Provisions of this
Law or in other laws, those provisions shall prevail.
Article 32 Punishments are divided into principal punishments and
supplementary punishments.
Article 33 The principal punishments are as follows:
(1) public surveillance;
(2) criminal detention;
(3) fixed-term imprisonment;
(4) life imprisonment; and
(5) the death penalty.
Article 34 The supplementary punishments are as follows:
(1) fine;
(2) deprivation of political rights; and
(3) confiscation of property.
Supplementary punishments may be imposed independently.
Article 35 Deportation may be imposed independently or supplementarily
to a foreigner who commits a crime.
Article 36 If a victim has suffered economic losses as a result of a
crime, the criminal shall, in addition to receiving a criminal
punishment according to law, be sentenced to making compensation for the
economic losses in the light of the circumstances.
If criminal who is liable for civil compensation is sentenced to a
fine at the same time but his property is not sufficient to pay both the
compensation and the fine, or if he is sentenced to confiscation of
property at the same time, he shall, first of all, bear his liability
for civil compensation to the victim.
Article 37 If the circumstances of a person's crime are minor and do not
require criminal punishment, he may be exempted from it; however, he
may, depending on the different circumstances of the case, be
reprimanded or ordered to make a statement of repentance, offer an
apology or pay compensation for the losses, or be subjected to
administrative penalty or administrative sanctions by the competent
department.
Article 38 The term of public surveillance shall be not less than
three months but not more than two years.
Where a criminal is sentenced to public surveillance, the sentence shall
be executed by a public security organ.
Article 39 Any criminal who is sentenced to public surveillance shall
observe the following during the term in which his sentence is being
executed:
(1) observe laws and administrative rules and regulations, and submit to
supervision;
(2) exercise no right of freedom of speech, of the press, of assembly,
of association, of procession or of demonstration without the approval
of the organ executing the public surveillance;
(3) report on his own activities as required by the organ executing
the public surveillance;
(4) observe the regulations for receiving visitors stipulated by the
organ executing the public surveillance; and
(5) report to obtain approval from the organ executing the public
surveillance for any departure from the city or county he lives in or
for any change in residence.
Criminals sentenced to public surveillance shall, while engaged in
labour, receive equal pay for equal work.
Article 40 Upon the expiration of a term of public surveillance, the
executing organ shall immediately announce the termination of public
surveillance to the criminal sentenced to public surveillance and to his
work unit or the people of the place where he resides.
Article 41 A term of public surveillance shall be counted from the
date the judgment begins to be executed; if the criminal is held in
custody before the execution of the judgment, one day in custody shall
be considered two days of the term sentenced.
Article 42 A term of criminal detention shall be not less than one month
but not more than 6 months.
Article 43 Where a criminal is sentenced to criminal detention, the
sentence shall be executed by the public security organ in the
vicinity.
During the period of execution, a criminal sentenced to criminal
detention may go home for one to two days each month; an appropriate
remuneration may be given to those who participate in labor.
Article 44 A term of criminal detention shall be counted from the date
the judgment begins to be executed; if the criminal is held in custody
before the execution of the judgment, one day in custody shall be
considered one day of the term sentenced.
SECTION 4 FIXED-TERM IMPRISONMENT AND LIFE IMPRISONMENT
Article 45 A term of fixed-term imprisonment shall be not less than
six months but not more than 15 years, except as stipulated in
Articles 50 and 69 of this Law.
Article 46 Any criminal who is sentenced to fixed-term imprisonment or
life imprisonment shall serve his sentence in prison or another place
for the execution. Anyone who is able to work shall do so to accept
education and reform through labor.
Article 47 A term of fixed-term imprisonment shall be counted from the
date the judgment begins to be executed; if the criminal is held in
custody before the execution of the judgment, one day in custody shall
be considered one day of the term sentenced.
Article 48 The death penalty shall only be applied to criminals who have
committed extremely serious crimes. If the immediate execution of a
criminal punishable by death is not deemed necessary, a two-year
suspension of execution may be pronounced simultaneously with the
imposition of the death sentence.
All death sentences, except for those that according to law should be
decided by the Supreme People's Court, shall be submitted to the Supreme
People's Court for verification and approval. Death sentences with a
suspension of execution may be decided or verified and approved by a
Higher People's Court.
Article 49 The death penalty shall not be imposed on persons who have
not reached the age of 18 at the time the crime is committed or on women
who are pregnant at the time of trial.
Article 50 Anyone who is sentenced to death with a suspension of
execution commits no intentional crime during the period of suspension,
his punishment shall be commuted to life imprisonment upon the
expiration of the two-year period; if he has truly performed major
meritorious service, his punishment shall be commuted to fixed-term
imprisonment of not less than 15 years but not more than 20 years upon
the expiration of the two-year period; if it is verified that he has
committed an intentional crime, the death penalty shall be executed upon
verification and approval of the Supreme People's Court.
Article 51 The term of suspension of execution of a death penalty
shall be counted from the date the judgment becomes final. The term of a
fixed-term imprisonment that is commuted from a death penalty with
suspension of execution shall be counted from the date the suspension of
execution expires.
Article 52 The amount of any fine imposed shall be determined
according to the circumstances of the crime.
Article 53 A fine may be paid in a lump sum or in installments within
the time limit specified in the judgment. If a fine is not paid upon the
expiration of that time limit, the payment shall be compelled. If a
person is not able to pay the fine in full, the People's Court shall
demand the payment whenever it finds the person has property for
execution of the fine. If a person has true difficulties in paying
because of an irresistible disaster, the fine may be reduced or remitted
according to the circumstances.
SECTION 7 DEPRIVATION OF POLITICAL RIGHTS
Article 54 Deprivation of political rights refers to deprivation of
the following rights:
(1) the right to vote and to stand for election;
(2) the rights of freedom of speech, of the press, of assembly, of
association, of procession and of demonstration;
(3) the right to hold a position in a State organ; and
(4) the right to hold a leading position in any State-owned company,
enterprise, institution or people's organization.
Article 55 A term of deprivation of political rights shall be not less
than one year but not more than five years, except as stipulated in
Article 57 of this Law.
Anyone who is sentenced to public surveillance is deprived of
political rights as a supplementary punishment, the term of
deprivation of political rights shall be the same as the term of
public surveillance, and the punishments shall be executed
simultaneously.
Article 56 Anyone who commits the crime of endangering national security
shall be sentenced to deprivation of political rights as a
supplementary punishment; anyone who commits the crime of seriously
undermining public order by intentional homicide, rape, arson,
explosion, poisoning or robbery may be sentenced to deprivation of
political rights as a supplementary punishment.
Where deprivation of political rights is imposed exclusively, the
Specific Provisions of this Law shall apply.
Article 57 Any criminal who is sentenced to death or to life
imprisonment shall be deprived of his political rights for life.
When a death penalty with a suspension of execution is commuted to a
fixed-term imprisonment, or a life imprisonment is commuted to a
fixed- term imprisonment, the term of the supplementary punishment of
deprivation of political rights shall be changed to not less than
three years but not more than 10 years.
Article 58 A term of deprivation of political rights as a
supplementary punishment shall be counted from the date on which
imprisonment or criminal detention ends or from the date on which parole
begins. Deprivation of political rights shall, as a matter of course,
be in effect during the period in which the principal punishment is
being executed.
Any criminal who is deprived of his political rights shall, during the
period of execution, observe laws, administrative rules and
regulations and other regulations governing supervision and control
stipulated by the department of public security under the State
Council and submit to supervision; he shall not exercise any of the
rights listed in Article 54 of this Law.
SECTION 8 CONFISCATION OF PROPERTY
Article 59 Confiscation of property refers to the confiscation of part
or all of the property personally owned by a criminal. Where
confiscation of all the property of a criminal is imposed, the amount
necessary for the daily expenses of the criminal himself and the
family members supported by him shall be taken out.
When a sentence of confiscation of property is imposed, property that
the criminal's family members own or should own shall not be subject
to confiscation.
Article 60 Where it is necessary to use part of the confiscated property
to repay the legitimate debts that the criminal incurred before his
property is confiscated, the debts shall be repaid at the request of the
creditors.
CHAPTER IV THE CONCRETE APPLICATION OF PUNISHMENTS
Article 61 When sentencing a criminal, a punishment shall be meted out
on the basis of the facts, nature and circumstances of the crime, the
degree of harm done to society and the relevant provisions of this Law.
Article 62 In cases where the circumstances of a crime call for a
heavier or lighter punishment under the provisions of this Law, the
criminal shall be sentenced to a punishment within the limits of the
prescribed punishment.
Article 63 In cases where the circumstances of a crime call for a
mitigated punishment under the provisions of this Law, the criminal
shall be sentenced to a punishment less than the prescribed punishment.
In cases where the circumstances of a crime do not warrant a mitigated
punishment under the provisions of this Law, however, in the light of
the special circumstances of the case, and upon verification and
approval of the Supreme People's Court, the criminal may still be
sentenced to a punishment less than the prescribed punishment.
Article 64 All money and property illegally obtained by a criminal shall
be recovered, or compensation shall be or dered; the lawful property of
the victim shall be returned without delay; and contrabands and
possessions of the criminal that are used in the commission of the crime
shall be confiscated. All the confiscated money and property and
fines shall be turned over to the State treasury, and no one may
misappropriate or privately dispose of them.
Article 65 If a criminal commits another crime punishable by
fixed-term imprisonment or heavier penalty within five years after
serving his sentence of not less than fixed-term imprisonment or
receiving a pardon, he is a recidivist and shall be given a heavier
punishment. However, this shall not apply to cases of negligent crime.
For criminals who are paroled, the period stipulated in the preceding
paragraph shall be counted from the date the parole expires.
Article 66 If a criminal of endangering national security commits the
same crime again at any time after serving his sentence or receiving a
pardon shall be dealt with as a recidivist.
SECTION 3 VOLUNTARY SURRENDER AND MERITORIOUS PERFORMANCE
Article 67 Voluntary surrender refers to the act of voluntarily
delivering oneself up to justice and truthfully confessing one's crime
after one has committed the crime. Any criminal who voluntarily
surrenders may be given a lighter or mitigated punishment. The ones
whose crimes are relatively minor may be exempted from punishment.
If a criminal suspect or a defendent under compulsory measures or a
criminal serving a sentence truthfully confesses his other crimes that
the judicial organ does not know, his act shall be regarded as voluntary
surrender.
Article 68 Any criminal who performs such meritorious services as
exposing an offence committed by another, which is verified through
investigation, or producing important clues for solving other cases
may be given a lighter or mitigated punishment. Any criminal who
performs major meritorious services may be given a mitigated
punishment or be exempted from punishment.
Any criminal who not only voluntarily surrenders after committing the
crime but also performs major meritorious services shall be given a
mitigated punishment or be exempted from punishment.
SECTION 4 COMBINED PUNISHMENT FOR SEVERAL CRIMES
Article 69 For a criminal who commits several crimes before a judgment
is pronounced, unless he is sentenced to death or life imprisonment, his
term of punishment shall be not more than the total of the terms for
all the crimes but not less than the longest of the terms for the
crimes, depending on the circumstances of the crimes. However, the
term of public surveillance may not exceed the maximum of three years,
the term of criminal detention may not exceed the maximum of one year,
and fixed- term imprisonment may not exceed the maximum of 20 years.
If among the crimes there is any for which a supplementary punishment is
imposed, the supplementary punishment shall still be executed.
Article 70 If, after a judgment has been pronounced but before the
punishment has been completely executed, it is discovered that before
the judgment is pronounced the criminal committed another crime for
which he is not sentenced, a judgment shall also be rendered for the
newly discovered crime; the punishment to be executed shall be
determined on the basis of the punishments imposed in the earlier and
latest judgments and according to the provisions of Article 69 of this
Law. Any portion of the term that has already been served shall count
towards fulfilment of the term imposed by the latest judgment.
Article 71 If, after a judgment has been pronounced but before the
punishment has been completely executed, the criminal again commits a
crime, another judgment shall be rendered for the newly committed crime;
the punishment to be executed shall be determined on the basis of the
punishment that remains to be executed for the earlier crime and the
punishment imposed for the new crime and according to the provisions
of Article 69 of this Law.
Article 72 A suspension of sentence may be granted to a criminal
sentenced to criminal detention or to fixed-term imprisonment of not
more than three years if, according to the circumstances of his crime
and his demonstration of repentance, it is certain that suspension of
the sentence will not result in further harm to society.
If a supplementary punishment is imposed on a criminal whose sentence is
suspended, the supplementary punishment shall still be executed.
Article 73 The probation period for suspension of criminal detention
shall be not less than the term originally decided but not more than one
year, however, it may not be less than two months.
The probation period for suspension of fixed-term imprisonment shall
be not less than the term originally decided but not more than five
years, however, it may not be less than one year.
The probation period for suspension of sentence shall be counted from
the date the judgment is made final.
Article 74 Suspension of sentence shall not be applied to recidivists.
Article 75 A criminal whose sentence is suspended shall observe the
followings:
(1) to observe laws and administrative rules and regulations, and submit
to supervision;
(2) to report on his own activities as required by the observing organ;
(3) to observe the regulations for receiving visitors stipulated by
the observing organ; and
(4) to report to obtain approval from the observing organ for any
departure from the city or county he lives in or for any change in
residence.
Article 76 Any criminal whose sentence is suspended shall, during the
probation period for suspension of sentence, be subjected to observation
by a public security organ with the cooperation of the work unit to
which he belongs or of a grass-roots organization, and in the absence of
the circumstances prescribed in Article 77 of this Law, the
punishment originally decided shall cease to be executed upon the
expiration of the probation period for suspension of sentence, which
shall be made known publicly.
Article 77 If, during the probation period for suspension of sentence, a
criminal whose sentence is suspended commits a crime again or it is
discovered that before the judgment is pronounced, he has committed
another crime for which he is not sentenced, the suspension shall be
revoked and another judgment rendered for the newly committed or
discovered crime; the punishment to be executed shall be decided on
the basis of the punishments for the old crime and the new crime and
according to the provisions of Article 69 of this Law.
If, during the probation period for suspension of sentence, a criminal
whose sentence is suspended violates laws, administrative rules and
regulations or regulations relating to supervision and control over
suspension of sentence stipulated by the department of public security
under the State Council and if the circumstances are serious, the
suspension shall be revoked and the original punishment shall be
executed.
SECTION 6 COMMUTATION OF PUNISHMENT
Article 78 The punishment of a criminal sentenced to public
surveillance, criminal detention, fixed-term imprisonment or life
imprisonment may be commuted if, while serving his sentence, he
conscientiously observes prison regulations, accepts education and
reform through labor and shows true repentance or performs meritorious
services; the punishment shall be commuted if a criminal performs any of
the following major meritorious services:
(1) preventing another person from conducting major criminal
activities;
(2) informing against major criminal activities conducted inside or
outside prison and verified through investigation;
(3) having inventions or important technical innovations to his credit;
(4) coming to the rescue of another in everyday life and production at
the risk of losing his own life;
(5) performing remarkable services in fighting against natural disasters
or curbing major accidents; or
(6) making other major contributions to the country and society.
After commutation, the term of punishment actually to be served by those
sentenced to public surveillance, criminal detention or fixed-term
imprisonment may not be less than half of the term originally decided;
for those sentenced to life imprisonment, it may not be less than 10
years.
Article 79 If punishment to a criminal is to be commuted, the
executing organ shall submit to a People's Court at or above the
intermediate level a written proposal for commutation of punishment.
The People's Court shall form a collegiate panel for examination and, if
the criminal is found to have shown true repentance or performed
meritorious services, issue an order of commutation. However, no
punishment shall be commuted without going through legal procedure.
Article 80 A term of fixed-term imprisonment that is commuted from
life imprisonment shall be counted from the date the order of
commutation is issued.
Article 81 A criminal sentenced to fixed-term imprisonment who has
served more than half of the term of the original sentence or a criminal
sentenced to life imprisonment who has served not less than 10 years of
the term may be granted parole if he conscientiously observes prison
regulations, accepts education and reform through labor, shows true
repentance and will no longer cause harm to society. If special
circumstances exist, upon verification and approval of the Supreme
People's Court, the above restrictions relating to the term served may
be disregarded.
No parole shall be granted to recidivists or criminals who are sentenced
to more than 10 years of imprisonment or life imprisonment for crimes
of violence such as homicide, explosion, robbery, rape and kidnap.
Article 82 Parole shall be granted to a criminal through the procedure
prescribed in Article 79 of this Law. No parole shall be granted without
going through legal procedure.
Article 83 The probation period for parole in the case of fixed-term
imprisonment shall be equal to the portion of the term that has not been
completed; the probation period for parole in the case of life
imprisonment shall be 10 years.
The probation period for parole shall be counted from the date the
criminal is released on parole.
Article 84 Any criminal who is granted parole shall observe the
following:
(1) observe laws and administrative rules and regulations, and submit to
supervision;
(2) report on his own activities as required by the supervising organ;
(3) observe the regulations for receiving visitors stipulated by the
supervising organ; and
(4) report to obtain approval from the supervising organ for any
departure from the city or county he lives in or for any change in
residence.
Article 85 Any criminal who is granted parole shall be subject to
supervision by a public security organ during the probation period for
parole. If he is not found in any of the circumstances prescribed in
Article 86 of this Law, the punishment originally decided shall be
considered executed upon the expiration of the probation period for
parole, which shall be made known publicly.
Article 86 If a criminal who is granted parole commits another crime
during the probation period for parole, the parole shall be revoked, and
he shall be given a combined punishment for several crimes as
provided in Article 71 of this Law.
If a criminal who is granted parole is discovered to have committed,
before the judgment is pronounced, other crimes for which no
punishment is imposed, the parole shall be revoked and a combined
punishment for several crimes shall be given according to the provisions
of Article 70 of this Law.
If a criminal who is granted parole, during the probation period for
parole, violates laws, administrative rules and regulations or other
regulations relating to supervision and control over parole stipulated
by the department of public security under the State Council but the
violation does not constitute a new crime, the parole shall be revoked
in accordance with legal procedure and he shall be put back into
prison to serve the remaining part of criminal punishment.
Article 87 Crimes shall not be prosecuted if the following periods
have elapsed:
(1) five years, when the maximum punishment prescribed is fixed-term
imprisonment of less than five years;
(2) 10 years, when the maximum punishment prescribed is fixed-term
imprisonment of not less than five years but less than 10 years;
(3) 15 years, when the maximum punishment prescribed is fixed-term
imprisonment of not less than 10 years; and
(4) 20 years, when the maximum punishment prescribed is life
imprisonment or death penalty. If after 20 years it is considered
necessary to prosecute a crime, the matter shall be submitted to the
Supreme People's Procuratorate for examination and approval.
Article 88 No limitation on the period for prosecution shall be
imposed with respect to a criminal who escapes from investigation or
trial after a People's Procuratorate, public security organ or
national security organ files the case or a People's Court accepts the
case.
No limitation on the period for prosecution shall be imposed with
respect to a case which should have been but is not filed by a
People's Court, People's Procuratorate or public security organ after
the victim brings a charge within the period for prosecution.
Article 89 The limitation period for prosecution shall be counted from
the date the crime is committed; if the criminal act is of a continual
or continuous nature, it shall be counted from the date the criminal act
is terminated.
If further crime is committed during a limitation period for
prosecution, the limitation period for prosecution of the old crime
shall be counted from the date the new crime is committed.
Article 90 Where the provisions of this Law cannot be completely applied
in national autonomous areas, the people's congresses of the autonomous
regions or the provinces concerned may formulate adaptive or
supplementary provisions on the basis of the political, economic and
cultural characteristics of the local ethnic groups and the basic
principles stipulated in this Law, and these provisions shall go into
effect after they have been submitted to and approved by the Standing
Committee of the National People's Congress.
Article 91 "Public property" as mentioned in this Law refers to the
following;
(1) property owned by the State;
(2) property owned collectively by working people; and
(3) public donations or special funds used for elimination of poverty or
for other public welfare undertakings.
Private property that is being managed, used or transported by State
organs, State-owned companies and enterprises, or enterprises owned by
collectives, or people's organizations shall be treated as public
property.
Article 92 "Citizens' privately owned property" as mentioned in this Law
refers to the following;
(1) citizens' lawful earnings, savings, houses and other means of
subsistence;
(2) any means of production that is under private or family ownership
according to law;
(3) property lawfully owned by self-employed workers or private
enterprises; and
(4) shares, stocks, bonds and other property that are under private
ownership according to law.
Article 93 "State functionaries" as mentioned in this Law refers to
persons who perform public service in State organs.
Persons who perform public service in State-owned companies or,
enterprises, institutions or people's organizations, persons who are
assigned by State organs, State-owned companies, enterprises or
institutions to companies, enterprises or institutions that are not
owned by the State or people's organizations to perform public service
and the other persons who perform public service according to law
shall all be regarded as State functionaries.
Article 94 "Judicial officers" as mentioned in this Law refers to
persons who exercise the functions of investigation, prosecution,
adjudication and supervision and control.
Article 95 "Serious injuries" as mentioned in this Law refers to any
of the following:
(1) injuries resulting in a person's disability or disfigurement;
(2) injuries resulting in a person's loss of his hearing, sight or the
function of any other organ; or
(3) other injuries that cause grave harm to a person's physical health.
Article 96 "Violation of State regulations" as mentioned in this Law
refers to violation of the laws enacted or decisions made by the
National People's Congress or its Standing Committee and the
administrative rules and regulations formulated, the administrative
measures adopted and the decisions or orders promulgated by the State
Council.
Article 97 "Ringleader" as mentioned in this Law refers to any
criminal who plays the role of organizing, plotting or directing in a
crime committed by a criminal group or a crowd.
Article 98 "To be handled only upon complaint" as mentioned in this
Law means that a case shall only be handled if the victim brings a
complaint. However, if the victim is unable to bring a complaint because
of coercion or intimidation, a People's Procuratorate or a close
relative of the victim may bring a complaint.
Article 99 "Not less than", "not more than" and "within" as used in this
Law all include the given figure.
Article 100 Anyone who has been subjected to criminal punishment shall,
before being recruited in the army or employed, report to the unit
concerned about the fact; he may not conceal it.
Article 101 The General Provisions of this Law shall be applicable to
other laws with provisions for criminal punishments, unless otherwise
specifically provided for in those laws.
CHAPTER I CRIMES OF ENDANGERING NATIONAL SECURITY
Article 102 Whoever colludes with a foreign State to endanger the
sovereignty, territorial integrity and security of the People's Republic
of China shall be sentenced to life imprisonment or fixed-term
imprisonment of not less than 10 years.
Whoever commits the crime prescribed in the preceding paragraph in
collusion with any organ, organization or individual outside the
territory of China shall be punished according to the provisions in
the preceding paragraph.
Article 103 Among those who organize, plot or carry out the scheme of
splitting the State or undermining unity of the country, the ringleaders
and the others who commit major crimes shall be sentenced to life
imprisonment or fixed-term imprisonment of not less than 10 years; the
ones who take an active part in it shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years;
and the other participants shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention, public surveillance
or deprivation of political rights.
Whoever incites others to split the State or undermine unity of the
country shall be sentenced to fixed-term imprisonment of not more than
five years, criminal detention, public surveillance or deprivation of
political rights; the ringleaders and the ones who commit major crimes
shall be sentenced to fixed-term imprisonment of not less than five
years.
Article 104 Among those who organize, plot or carry out armed
rebellion or armed riot, the ringleaders and the others who commit major
crimes shall be sentenced to life imprisonment or fixed-term
imprisonment of not less than 10 years; the ones who take an active part
in it shall be sentenced to fixed-term imprisonment of not less than
three years but not more than 10 years; and the other participants shall
be sentenced to fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or deprivation of political
rights.
Whoever instigates, coerces, lures or bribes State functionaries or
members of the armed forces, the people's police or the people's militia
to commit armed rebellion or armed riot shall be given a heavier
punishment according to the provisions in the preceding paragraph.
Article 105 Among those who organize, plot or carry out the scheme of
subverting the State power or overthrowing the socialist system, the
ringleaders and the others who commit major crimes shall be sentenced to
life imprisonment or fixed-term imprisonment of not less than 10 years;
the ones who take an active part in it shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years;
and the other participants shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention, public surveillance
or deprivation of political rights.
Whoever incites others by spreading rumors or slanders or any other
means to subvert the State power or overthrow the socialist system shall
be sentenced to fixed-term imprisonment of not more than five years,
criminal detention, public surveillance or deprivation of political
rights; and the ringleaders and the others who commit major crimes shall
be sentenced to fixed-term imprisonment of not less than five years.
Article 106 Whoever commits the crime as prescribed in Article 103,
104 or 105 of this Chapter in collusion with any organ, organization
or individual outside the territory of China shall be given a heavier
punishment according to the provisions stipulated in these Articles
respectively.
Article 107 Where an organ, organization or individual inside or outside
of the territory of China provides funds to any organization or
individual within the territory of China to commit the crime as
prescribed in Article 102, 103, 104 or 105, the person who is directly
responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention, public
surveillance or deprivation of political rights; if the circumstances
are serious, he shall be sentenced to fixed-term imprisonment of not
less than five years.
Article 108 Whoever defects to the enemy and turns traitor shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years; if the circumstances are serious or if he
leads members of the armed forces, the people's police or the people's
militia to defect to the enemy and turn traitor, he shall be sentenced
to fixed- term imprisonment of not less than 10 years or life
imprisonment.
Article 109 Any State functionary who, while discharging his official
duties at home or abroad, leaves his post without permission and defects
to another country, which endangers the security of the People's
Republic of China, shall be sentenced to fixed-term imprisonment of
not more than five years, criminal detention, public surveillance or
deprivation of political rights; if the circumstances are serious, he
shall be sentenced to fixed-term imprisonment of not less than five
years but not more than 10 years.
Any State functionary who has State secrets commits the crime as
prescribed in the preceding paragraph shall be given a heavier
punishment according to the provisions in the preceding paragraph.
Article 110 Whoever endangers national security by committing any of the
following acts of espionage shall be sentenced to fixed-term
imprisonment of not less than 10 years or life imprisonment; if the
circumstances are minor, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years:
(1) joining an espionage organization or accepting a mission assigned by
the organization or its agent; or
(2) directing the enemy to any bombing or shelling target.
Article 111 Whoever steals, spies into, buys or unlaw-fully supplies
State secrets or intelligence for an organ, organization or individual
outside the territory of China shall be sentenced to fixed-term
imprisonment of not less than five years but not more than 10 years;
if the circumstances are especially serious, he shall be sentenced to
fixed-term imprisonment of not less than 10 years or life imprisonment;
if the circumstances are minor, he shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention, public
surveillance or deprivation of political rights.
Article 112 Whoever aids the enemy during wartime by providing him
with weapons and equipment or military materials shall be sentenced to
fixed- term imprisonment of not less than 10 years or life imprisonment;
if the circumstances are minor, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years.
Article 113 Whoever commits any of the crimes of endangering national
security as mentioned above in this Chapter, with the exception of those
provided for in Paragraph 2 of Article 103 and in Articles 105, 107 and
109, if the crime causes particularly grave harm to the State and the
people or if the circumstances are especially serious, may be
sentenced to death.
Whoever commits any of the crimes mentioned in this Chapter may
concurrently be sentenced to confiscation of property.
CHAPTER II CRIMES OF ENDANGERING PUBLIC SECURITY
Article 114 Whoever commits arson, breaches a dike, causes explosion,
spreads poison or uses other dangerous means to sabotage any factory,
mine, oilfield, harbour, river, water source, warehouse, house, forest,
farm, threshing ground, pasture, key pipeline, public building or any
other public or private property, thereby endangering public security
but causing no serious consequences, shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years.
Article 115 Whoever commits arson, breaches a dike, causes explosion,
spreads poison or inflicts serious injury or death on people or causes
heavy losses of public or private property by other dangerous means,
shall be sentenced to fixed-term imprisonment of not less than 10 years,
life imprisonment or death.
Whoever negligently commits the crime mentioned in the preceding
paragraph shall be sentenced to fixed-term imprisonment of not less than
three years but not more than seven years; if the circumstances are
minor, he shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention.
Article 116 Whoever sabotages a train, motor vehicle, tram, ship or
aircraft to such a dangerous extent as to overturn or destroy it, but
with no serious consequences, shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years.
Article 117 Whoever sabotages a railroad, bridge, tunnel, highway,
airport, waterway, lighthouse or sign or conducts any other sabotaging
activities to such a dangerous extent as to overturn or destroy it,
but with no serious consequences, shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years.
Article 118 Whoever sabotages any electric power or gas facility or
any other inflammable or explosive equipment, thereby endangering public
security, but causing no serious consequences, shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
10 years.
Article 119 Whoever sabotages any means of transport, transportation
facility, electric power facility, gas facility, or inflammable or
explosive equipment, thereby causing serious consequences, shall be
sentenced to fixed-term imprisonment of not less than 10 years, life
imprisonment or death.
Whoever negligently commits the crime mentioned in the preceding
paragraph shall be sentenced to fixed-term imprisonment of not less than
three years but not more than seven years; if the circumstances are
minor, he shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention.
Article 120 Whoever forms, leads or actively participates in a terrorist
organization shall be sentenced to fixed-term imprisonment of not
less than three years but not more than 10 years; other participants
shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance.
Whoever, in addition to the crime mentioned in the preceding paragraph,
commits other crimes of homicide, explosion or kidnap shall be punished
in accordance with the provisions on combined punishment for several
crimes.
Article 121 Whoever hijacks any aircraft by means of violence,
coercion or by any other means shall be sentenced to fixed-term
imprisonment of not less than 10 years or life imprisonment; any
hijacker who causes serious injury to or death of any other person or
serious damage to the aircraft shall be sentenced to death.
Article 122 Whoever hijacks a ship or motor vehicle by means of
violence, coercion or by any other means shall be sentenced to fixed-
term imprisonment of not less than five years but not more than 10
years; if there are serious consequences, he shall be sentenced to
fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 123 Whoever uses violence against any person on board an
aircraft and thereby endangers air safety, if there are no serious
consequences, shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention; if there are serious
consequences, he shall be sentenced to fixed-term imprisonment of not
less than five years.
Article 124 Whoever sabotages any broadcasting, television or public
telecommunications facility, thereby endangering public security,
shall be sentenced to fixed-term imprisonment of not less than three
years but not more than seven years; if there are serious consequences,
he shall be sentenced to fixed-term imprisonment of not less than seven
years.
Whoever negligently commits the crime mentioned in the preceding
paragraph shall be sentenced to fixed-term imprisonment of not less than
three years but not more than seven years; if the circumstances are
minor, he shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention.
Article 125 Whoever illegally manufactures, trades in, transports, mails
or stores any guns, ammunition or explosives shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
10 years; if the circumstances are serious, he shall be sentenced to
fixed-term imprisonment of not less than 10 years, life imprisonment
or death.
Whoever illegally trades in or transports nuclear materials shall be
punished according to the provisions of the preceding paragraph.
Where a unit commits any of the crimes mentioned in the preceding two
paragraphs, it shall be fined, and the persons who are directly in
charge and the other persons who are directly responsible for the
crime shall be punished in accordance with the provisions of the first
paragraph.
Article 126 If, in violation of the regulations governing control of
guns, any enterprise that is designated or determined pursuant to law
for manufacturing or selling guns commits any of the following acts,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the act shall be
sentenced to fixed-term imprisonment of not more than five years; if the
circumstances are serious, they shall be sentenced to fixed-term
imprisonment of not less than five years but not more than 10 years;
if the circumstances are especially serious, they shall be sentenced
to fixed-term imprisonment of not less than 10 years or life
imprisonment:
(1) to manufacture or sell guns in excess of the quotas or at variance
with the variety prescribed, for purposes of illegal sale;
(2) to manufacture guns without numbers or with duplicate or false
numbers, for purposes of illegal sale; or
(3) to sell guns illegally, or sell guns in China that are
manufactured for export.
Article 127 Whoever steals or forcibly seizes any guns, ammunition or
explosives shall be sentenced to fixed-term imprisonment of not less
than three years but not more than 10 years; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less
than 10 years, life imprisonment or death.
Whoever robs any guns, ammunition or explosives or steals or forcibly
seizes any guns, ammunition or explosives from State organs, members
of the armed forces, the police or the people's militia shall be
sentenced to fixed-term imprisonment of not less than 10 years, life
imprisonment or death.
Article 128 Whoever, in violation of the regulations governing control
of guns, illegally possesses or conceals any guns or ammunition shall be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less
than three years but not more than seven years.
Whoever is lawfully equipped with a gun for the discharge of official
duties illegally leases or loans his gun shall be punished according
to the provisions of the preceding paragraph.
If persons who are lawfully provided with guns illegally lease or loan
such guns, thereby causing serious consequences, they shall be
punished according to the provisions of the first paragraph.
Where a unit commits the crime mentioned in the second or third
paragraph, it shall be fined, and the persons who are directly in charge
and the other persons who are directly responsible for the crime
shall be punished according to the provisions of the first paragraph.
Article 129 If persons who are lawfully equipped with guns for the
discharge of official duties lose their guns and fail to report about
the matter immediately, thereby causing serious consequences, they shall
be sentenced to fixed-term imprisonment of not more than three years or
criminal detention.
Article 130 Whoever illegally enters a public place or gets on a
public transportation vehicle with any gun, ammunition, controlled
cutting tool or explosive, inflammable, radioactive, poisonous or
corrosive materials and thereby endangers public security, if the
circumstances are serious, shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention or public
surveillance.
Article 131 Any member of the crew on board an air craft who operates in
violation of rules or regulations and thereby causes a grave air
accident, if there are serious consequences, shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention; if an air crash or death of another is caused, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than seven years.
Article 132 Any railway worker who operates in violation of rules or
regulations and thereby causes a railway operational accident, if
there are serious consequences, shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention; if
there are especially serious consequences, he shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
seven years.
Article 133 Whoever violates regulations governing traffic and
transportation and thereby causes a serious accident, resulting in
serious injuries or deaths or heavy losses of public or private
property, shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention. Whoever runs away from the spot
after he has caused a traffic accident or is involved in other
especially flagrant circumstances shall be sentenced to fixed-term
imprisonment of not less than three years but not more than seven years;
if his escape results in the death of another person, he shall be
sentenced to fixed- term imprisonment of not less than seven years.
Article 134 If any employee of a factory, mine, tree farm,
construction enterprise or any other enterprise or institution
disobeys management or violates rules and regulations or, if anyone
forces employees to work under hazardous conditions in violation of
rules, thereby causing an accident involving heavy casualties or causing
other serious consequences, he shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention; if
the circumstances are especially flagrant, he shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
seven years.
Article 135 Where the facilities for operational safety of a factory,
mine, three farm, construction enterprise or any other enterprise or
institution do not meet State requirements and no measures are taken
to remove the hidden danger of accident after the warning given by the
departments concerned or employees of the unit, so that an accident
especially serious, he shall be sentenced to fixed-term imprisonment
of not less than five years but not more than 10 years and shall also be
fined.
Article 138 If a person who is directly responsible knowingly fails to
adopt measures against dangers in school buildings or in educational
or teaching facilities or to make a timely report about the matter, so
that an accident involving heavy casualties occurs, he shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention; if the consequences are especially serious, he shall
be sentenced to fixed-term imprisonment of not less than three years
but not more than seven years.
Article 139 If a person who is directly responsible violates the
regulations on fire prevention and control and refuses to take
measures to set it right after being told by the organ for supervision
over fire prevention and control to do so, if serious consequences
ensue, he shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention; if the consequences are especially
serious, he shall be sentenced to fixed-term imprisonment of not less
than three years but not more than seven years.
CHAPTER III CRIMES OF DISRUPTING THE ORDER OF THE SOCIALIST MARKET
SECTION 1 CRIMES OF PRODUCING AND MARKETING FAKE OR SUBSTANDARD
Article 140 Any producer or seller who mixes impurities into or
adulterates the products, or passes a fake product off as a genuine one,
a defective product as a high-quality one, or a substandard product
as a standard one, if the amount of earnings from sales is more than
50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term
imprisonment of not more than two years or criminal detention and shall
also, or shall only, be fined not less than half but not more than
two times the amount of earnings from sales; if the amount of earnings
from sales is more than 200,000 yuan but less than 500,000 yuan, he
shall be sentenced to fixed-term imprisonment of not less than two years
but not more than seven years and shall also be fined not less than
half but not more than two times the amount of earnings from sales; if
the amount of earnings from sales is more than 500,000 yuan but less
than 2,000,000 yuan, he shall be sentenced to fixed-term imprisonment of
not less than seven years and shall also be fined not less than half
but not more than two times the amount of earnings from sales; if the
amount of earnings from sales is more than 2,000,000 yuan, he shall be
sentenced to fixed- term imprisonment of 15 years or life imprisonment,
and shall also be fined not less than half but not more than two
times the amount of earnings from sales or be sentenced to
confiscation of property.
Article 141 Whoever produces or sells fake medicines that are harmful
enough to seriously endanger human health shall be sentenced to fixed-
term imprisonment of not more than three years or criminal detention and
shall also, or shall only, be fined not less than half but not more
than two times the amount of earnings from sales; if human health is
seriously harmed, he shall be sentenced to fixed-term imprisonment of
not less than three years but not more than 10 years and shall also be
fined not less than half but not more than two times the amount of
earnings from sales; if death is caused to another person or
especially serious harm is done to human health, he shall be sentenced
to fixed- term imprisonment of not less than 10 years, life imprisonment
or death, and shall also be fined not less than half but not more
than two times the amount of earnings from sales or be sentenced to
confiscation of property.
Fake medicines as mentioned in this Article refer to medicines or any
amount of earnings from sales is more than 2,000,000 yuan, he shall be
sentenced to fixed- term imprisonment of 15 years or life imprisonment,
and shall also be fined not less than half but not more than two
times the amount of earnings from sales or be sentenced to
confiscation of property.
Article 141 Whoever produces or sells fake medicines that are harmful
enough to seriously endanger human health shall be sentenced to fixed-
term imprisonment of not more than three years or criminal detention and
shall also, or shall only, be fined not less than half but not more
than two times the amount of earnings from sales; if human health is
seriously harmed, he shall be sentenced to fixed-term imprisonment of
not less than three years but not more than 10 years and shall also be
fined not less than half but not more than two times the amount of
earnings from sales; if death is caused to another person or
especially serious harm is done to human health, he shall be sentenced
to fixed- term imprisonment of not less than 10 years, life imprisonment
or death, and shall also be fined not less than half but not more
than two times the amount of earnings from sales or be sentenced to
confiscation of property.
Fake medicines as mentioned in this Article refer to medicines or any
non-medical substances that fall under the category of or are regarded
as fake medicines under the Pharmaceutical Administration Law of the
People's Republic of China.
Article 142 Whoever produces or sells medicines of inferior quality
and thereby causes serious harm to human health shall be sentenced to
fixed- term imprisonment of not less than three years but not more
than 10 years and shall also be fined not less than half but not more
than two times the amount of earnings from sales; if the consequences
are especially serious, he shall be sentenced to fixed-term imprisonment
of not less than 10 years or life imprisonment, and shall also be fined
not less than half but not more than two times the amount of earnings
from sales or be sentenced to confiscation of property.
Medicines of inferior quality as mentioned in this Article refer to
medicines that fall under the category of medicines of inferior
quality under the Pharmaceutical Administration Law of the People's
Republic of China.
Article 143 Whoever produces or sells food that is not up to hygiene
standards, thus causing an accident of serious food poisoning or
resulting in any serious disease caused by food-borne bacteria, shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention and shall also, or shall only, be fined not less than
half but not more than two times the amount of earnings from sales;
if serious harm is done to human health, he shall be sentenced to fixed-
term imprisonment of not less than three years but not more than
seven years and shall also be fined not less than half but not more than
two times the amount of earnings from sales; if the consequences are
especially serious, he shall be sentenced to fixed-term imprisonment
of not less than seven years or life imprisonment, and shall also be
fined not less than half but not more than two times the amount of
earnings from sales or be sentenced to confiscation of property.
Article 144 Whoever mixes the foods that he produces or sells with toxic
or harmful non-food raw materials or knowingly sells such foods shall
be sentenced to fixed-term imprisonment of not more than five years or
criminal detention and shall also, or shall only, be fined not less than
half but not more than two times the amount of earnings from sales;
if an accident of serious food poisoning or any serious disease caused
by food-borne bacteria has resulted, thus seriously harming human
health, he shall be sentenced to fixed-term imprisonment of not less
than five years but not more than 10 years and shall also be fined not
less than half but not more than two times the amount of earnings from
sales; if death is caused to another person or especially serious harm
is done to human health, he shall be punished according to the
provisions in Article 141 of this Law.
Article 145 Whoever produces medical apparatus and instruments or
medical hygiene materials that are not up to the national or trade
standards for safeguarding human health or sells such things while
clearly knowing the fact, thereby causing serious harm to human health,
shall be sentenced to fixed-term imprisonment of not more than five
years and shall also be fined not less than half but not more than two
times the amount of earnings from sales; if the consequences are
especially serious, he shall be sentenced to fixed-term imprisonment
of not less than five years but not more than 10 years and shall also be
fined not less than half but not more than two times the amount of
earnings from sales; if the circumstances are especially flagrant, he
shall be sentenced to fixed-term imprisonment of not less than 10
years or life imprisonment, and shall also be fined not less than half
but not more than two times the amount of earnings from sales or be
sentenced to confiscation of property.
Article 146 Whoever produces electrical appliances, pressure containers,
inflammable or explosive products or any other products that are not up
to the national or trade standards for safeguarding personal or
property safety or knowingly sells such products, thereby causing
serious consequences, shall be sentenced to fixed-term imprisonment of
not more than five years and shall also be fined not less than half
but not more than two times the amount of earnings from sales; if the
consequences are especially serious, he shall be sentenced to fixed-term
imprisonment of not less than five years and shall also be fined not
less than half but not more than two times the amount of earnings from
sales.
Article 147 Whoever produces fake pesticides, fake animal
pharmaceuticals or fake chemical fertilizers or sells pesticides, animal
pharmaceuticals, chemical fertilizers or seeds while clearly knowing
that they are fake or no longer effective, or any producer or seller who
passes substandard pesticides, animal phamarceuticals, chemical
fertilizers or seeds off as up-to-standard ones, thus causing relatively
heavy losses to production, shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention and
shall also, or shall only, be fined not less than half but not more than
two times the amount of earnings from sales; if heavy losses are caused
to production, he shall be sentenced to fixed-term imprisonment of
not less than three years but not more than seven years and shall also
be fined not less than half but not more than two times the amount of
earnings from sales; if especially heavy losses are caused to
production, he shall be sentenced to fixed-term imprisonment of not less
than seven years or life imprisonment and shall also be fined not
less than half but not more than two times the amount of earnings from
sales or be sentenced to confiscation of property.
Article 148 Whoever produces cosmetics that are not up to hygiene
standards or knowingly sells such cosmetics, thus causing serious
consequences, shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention and shall also, or shall
only, be fined not less than half but not more than two times the amount
of earnings from sales.
Article 149 Whoever produces or sells products listed in Articles 141
through 148 of this Section, if the case does not constitute the crime
as mentioned in these Articles respectively but more than 50,000 yuan is
earned from sales, shall be convicted and punished in accordance with
the provisions of Article 140 of this Section.
Whoever produces or sells products listed in Articles 141 through 148 of
this Section, if the case constitutes the crime as mentioned in these
Articles respectively and also the crime mentioned in Article 140 of
this Section, shall be convicted and punished in accordance with the
provisions for a heavier punishment.
Article 150 Where a unit commits the crime as mentioned in Articles
141 through 148 of this Section, it shall be fined, and the persons
who are directly in charge and the other persons who are directly
responsible for the crime shall be punished in accordance with the
provisions of the Articles respectively.
Article 151 Whoever smuggles weapons, ammunition, nuclear materials or
counterfeit currency shall be sentenced to fixed-term imprisonment of
not less than seven years and shall also be fined or sentenced to
confiscation of property; if the circumstances are minor, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than seven years and shall also be fined.
Whoever smuggles cultural relics, gold, silver or other precious metals,
the export of which is forbidden by the State, or precious and rare
species of wildlife as well as the products thereof, the import and
export of which are forbidden by the State, shall be sentenced to fixed-
term imprisonment of not less than five years and shall also be fined;
if the circumstances are minor, he shall be sentenced to fixed-term
imprisonment of not more than five years and shall also be fined.
Whoever smuggles precious and rare species of plants and the products
thereof, the import and export of which is forbidden by the State, shall
be sentenced to fixed-term imprisonment of not more than five years and
shall also, or shall only, be fined; if the circumstances are serious,
he shall be sentenced to fixed-term imprisonment of not less than
five years and shall also be fined.
Whoever commits the crime as mentioned in the first or the second
paragraph, if the circumstances are especially serious, shall be
sentenced to life imprisonment or death and also to confiscation of
property.
Where a unit commits the crime as mentioned in this Article, it shall be
fined, and the persons who are directly in charge and the other persons
who are directly responsible for the crime shall be punished in
accordance with the provisions of the paragraphs in this Article
respectively.
Article 152 Whoever, for the purpose of making profits or dissemination,
smuggles pornographic movies, videotapes, magnetic tapes, pictures,
books or periodicals or other pornographic materials shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years and shall also be fined; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less
than 10 years or life imprisonment and shall also be fined or be
sentenced to confiscation of property; if the circumstances are minor,
he shall be sentenced to fixed-term imprisonment of not more than
three years, criminal detention or public surveillance, and shall also
be fined.
Where a unit commits the crime as mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the crime shall be
punished in accordance with the provisions of the preceding paragraph.
Article 153 Whoever smuggles goods or articles not specified in Articles
151, 152 and 347 of this Law shall, in the light of the seriousness
of the circumstances, be punished in accordance with the following
provisions respectively:
(1) If he smuggles goods or articles and evades or dodges payable duties
to the amount of more than 500,000 yuan, he shall be sentenced to
fixed- term imprisonment of not less than 10 years or life
imprisonment and shall also be fined not less than one time but not more
than five times the amount of payable duties evaded or dodged or be
sentenced to confiscation of property; if the circumstances are
especially serious, he shall be punished according to the provisions
in the fourth paragraph of Article 151 of this Law.
(2) If he smuggles goods or articles and evades or dodges payable duties
to the amount of more than 150,000 yuan but less than 500,000 yuan,
he shall be sentenced to fixed-term imprisonment of not less than
three years but not more than 10 years and shall also be fined not
less than one time but not more than five times the amont of payable
duties evaded or dodged; if the circumstances are especially serious, he
shall be sentenced to fixed-term imprisonment of not less than 10 years
or life imprisonment and shall also be fined not less than one time but
not more than five times the amount of payable duties evaded or
dodged or be sentenced to confiscation of property.
(3) If he smuggles goods or articles and evades or dodges payable duties
to the amount of more than 50,000 yuan but less than 150,000 yuan, he
shall be sentenced to fixed-term imprisonment of not more than three
years or criminal detention and shall also be fined not less than one
time but not more than five times the amount of payable duties evaded or
dodged.
Where a unit commits the crime mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention; if the circumstances are serious, they shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years; if the circumstances are especially serious,
they shall be sentenced to fixed-term imprisonment of not less than 10
years.
Whoever smuggles goods or articles many times, and goes unpunished shall
be punished on the basis of the cumulative amount of the payable duties
he invades or dodges in smuggling goods or articles.
Article 154 Whoever commits any of the following acts of smuggling
that constitutes a crime according to the provisions in this Section
shall be convicted and punished in accordance with the provisions of
Article 153 of this Law:
(1) without permission of the Customs and without having paid the
overdue payable duties, selling for profits within the territory of
the People's Republic of China authorized imported bonded goods such
as materials supplied by foreign clients for processing, parts
supplied by them for assembly, or raw or processed materials, parts,
finished products or equipment for compensation trade; or
(2) without permission of the Customs and without having paid the
overdue payable duties, selling for profits within the territory of
the People's Republic of China imported goods and articles specially
designated for reduction of or exemption from duties.
Article 155 Whoever commits any of the following acts shall be deemed to
have committed the crime of smuggling and shall be punished in
accordance with the relevant provisions of this Section:
(1) directly and illegally purchasing from smugglers articles, the
import of which is forbidden by the State, or directly and illegally
purchasing from smugglers other smuggled goods and articles in and in
relatively large quantities or values;
(2) transporting, purchasing or selling in inland seas or territorial
waters articles the import and export of which are forbidden by the
State, or transporting, purchasing or selling, without legal
certificates and in relatively large quantities or values, goods or
articles the import and export of which are restricted by the State;
or
(3) transporting solid waste from outside China into the territory of
China through evading supervision and control by the Customs.
Article 156 Whoever conspires with criminals of smuggling and provides
them with loans, funds, account numbers, invoices or certificates or
with such conveniences as transportation, storage and mailing shall be
deemed an accomplice in the crime of smuggling and punished as such.
Article 157 Whoever shields smuggling with arms shall be given a heavier
punishment in accordance with the provisions in the first or fourth
paragraph of Article 151 of this Law.
Whoever, by means of violence or threat, resists the seizure of smuggled
goods shall be punished for the crime of smuggling and the crime of
preventing State functionaries from performing their duties according to
law, as stipulated in Article 277 of this Law, and in accordance with
the provisions regarding the combined punishment for several crimes.
SECTION 3 CRIMES OF DISRUPTING THE ORDER OF ADMINISTRATION OF
COMPANIES
Article 158 Whoever, when applying for company registration, obtains the
registration by deceiving the competent company registration
authority through falsely declaring the capital to be registered with
falsified certificates or by other deceptive means shall, if the
amount of the falsely registered capital is huge, and the consequences
are serious or if there are other serious circumstances, be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention and shall also, or shall only, be fined not less than one
percent but not more than five percent of the capital falsely declared
for registration.
Where a unit commits the crime as mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention.
Article 159 Any sponsor or shareholder of a company who, in violation of
the provisions of the Company Law, makes a false capital contribution
by failing to pay the promised cash or tangible assets or to transfer
property rights, or surreptitiously withdraws the contributed capital
after the incorporation of the company shall, if the amount involved
is huge, and the consequences are serious, or if there are other serious
circumstances, be sentenced to fixed-term imprisonment of not more than
five years or criminal detention and shall also, or shall only, be
fined not less than two percent but not more than 10 percent of the
false capital contribution or of the amount of the capital
contribution surreptitiously withdrawn.
Where a unit commits the crime as mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention.
Article 160 Whoever issues shares or company or enterprise bonds by
concealing important facts or falsifying major information in the
prospectus on share offer, subscription forms or measures for offer of
company or enterprise bonds shall, if the amount involved is huge, and
the consequences are serious, or if there are other serious
circumstances, be sentenced to fixed-term imprisonment of not more
than five years or criminal detention and shall also, or shall only,
be fined not less than one percent but not more than five percent of the
funds illegally raised.
Where a unit commits the crime as mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention.
Article 161 Where a company submits to shareholders and the general
public false financial and accounting reports, or reports concealing
important facts, thus causing serious harm to the interests of
shareholders or others, the persons who are directly in charge and the
other persons who are directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention and shall also, or shall only, be fined not less than
20,000 yuan but not more than 200,000 yuan.
Article 162 Where, in the process of its liquidation, a company or
enterprise conceals its assets, records false information in its balance
sheet or inventory of assets, or distributes the company or
enterprise assets prior to full payment of its debts, thus causing
serious harm to the interests of the creditors or others, the persons
who are directly in charge and the other persons who are directly
responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention and shall
also, or shall only, be fined not less than 20,000 yuan but not more
than 200,000 yuan.
Article 163 Where an employee of a company or enterprise who, taking
advantage of his position, demands money or property from another person
or illegally accepts another person's money or property in return for
the benefits he seeks for such person, if the amount involved is
relatively large, he shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention; if the amount is huge,
he shall be sentenced to fixed-term imprisonment of not less than five
years and may also be sentenced to confiscation of property.
Any employee of a company or enterprise who, violating State regulations
in economic activities, accepts rebates or service charges of various
discriptions and takes them into his own possession shall be punished in
accordance with the provisions in the preceding paragraph.
Any employee of a State-owned company or enterprise who, being engaged
in public service or who is assigned by a State-owned company or
enterprises to engage in public service in a company or enterprise
that is not owned by the State, commits any of the acts mentioned in the
preceding two paragraphs shall be convicted and punished according to
the provisions in Articles 385 and 386 of this Law.
Article 164 Whoever, for the purpose of seeking illegitimate benefits,
gives money or property to any employee of a company or enterprise, if
the amount involved is relatively large, shall be sentenced to fixed-
term imprisonment of not more than three years or criminal detention; if
the amount involved is huge, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years and
shall also be fined.
Where a unit commits the crime as mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the crime shall be
punished according to the provisions in the preceding paragraph.
Any briber who confesses the bribery voluntarily prior to prosecution
may be given a mitigated punishment or be exempted from punishment.
Article 165 Any director or manager of a State-owned company or
enterprise who, taking advantage of his office, operates for himself
or for another the same business as that of the company or enterprise in
which he holds the office and obtains illegal interests, if the
amount involved is huge, shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention and shall also, or
shall only, be fined; if the amount is especially huge, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than seven years and shall also be fined.
Article 166 Any employee of a State-owned company, enterprise or
institution who, taking advantage of his office, commits any of the
following acts and thus causes heavy losses to the interests of the
State shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention and shall also, or shall only, be
fined; if especially heavy losses are caused to the interests of the
State, he shall be sentenced to fixed-term imprisonment of not less than
three years but not more than seven years and shall also be fined:
(1) turning management of the profitable business of his unit over to
his relatives or friends;
(2) purchasing commodities from the unit managed by his relatives or
friends at a price obviously higher than the market price, or selling
commodities to such unit at a price obviously lower than the market
price; or
(3) purchasing from the unit managed by his relatives or friends
commodities that are not up to standards.
Article 167 If a person who is directly in charge of a State-owned
company, enterprise or institution, when signing or fulfilling a
contract, is defrauded due to serious neglect of responsibility and thus
causes heavy losses to the interests of the State, he shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention; if especially heavy losses are caused to the
interests of the State, he shall be sentenced to fixed-term imprisonment
of not less than three years but not more than seven years.
Article 168 If a person who is directly in charge of a State-owned
company or enterprise, practises irregularities for selfish ends and
causes bankruptcy or heavy losses to the said company or enterprise,
thus resulting in heavy losses of the interests of the State, he shall
be sentenced to fixed-term imprisonment of not more than three years
or criminal detention.
Article 169 If a person who is directly in charge of a State-owned
company or enterprise or the competent department at a higher level
practises irregularities for selfish ends by converting State-owned
assets to shares at a low price or selling them at a low price and
thus causes heavy losses to the interests of the State, he shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention; if especially heavy losses are caused to the
interests of the State, he shall be sentenced to fixed-term imprisonment
of not less than three years but not more than seven years.
SECTION 4 CRIMES OF DISRUPTING THE ORDER OF FINANCIAL ADMINISTRATION
Article 170 Whoever counterfeits currencies shall be sentenced to fixed-
term imprisonment of not less than three years but not more than 10
years and shall also be fined not less than 50,000 yuan but not more
than 500,000 yuan. Whoever is found to be in any of the following
situations shall be sentenced to fixed-term imprisonment of not less
than 10 years, life imprisonment or death and shall also be fined not
less than 50,000 yuan but not more than 500,000 yuan or be sentenced
to confiscation of property:
(1) being a ringleader of a gang engaged in counterfeiting currencies;
(2) having counterfeited currencies in especially huge, amounts; or
(3) being involved in other especially serious circumstances.
Article 171 Whoever sells or buys counterfeit currencies or knowingly
transports such currencies shall, if the amount involved is relatively
large, be sentenced to fixed-term imprisonment of not more than three
years or criminal detention and shall also be fined not less than 20,000
yuan but not more than 200,000 yuan; if the amount involved is huge, he
shall be sentenced to fixed-term imprisonment of not less than three
years but not more than 10 years and shall also be fined not less than
50,000 yuan but not more than 500,000 yuan; if the amount involved is
especially huge, he shall be sentenced to fixed-term imprisonment of not
less than 10 years or life imprisonment and shall also be fined not
less than 50,000 yuan but not more than 500,000 yuan or be sentenced
to confiscation of property.
Any employee of a bank or of any other banking institution who buys
counterfeit currencies or, taking advantage of his position, exchanges
such currencies for genuine ones shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years and
shall also be fined not less than 20,000 yuan but not more than 200,000
yuan; if the amount involved is huge, or if there are other serious
circumstances, he shall be sentenced to fixed-term imprisonment of not
less than 10 years or life imprisonment and shall also be fined not less
than 20,000 yuan but not more than 200,000 yuan or be sentenced to
confiscation of property; if the circumstances are minor, he shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention and shall also, or shall only, be fined not less than
10,000 yuan but not more than 100,000 yuan.
Whoever counterfeits currencies and also sells or transports counterfeit
currencies shall be convicted and given a heavier punishment
according to the provisions in Article 170 of this Law.
Article 172 Whoever knowingly holds or uses counter-feit currencies
shall, if the amount involved is relatively large, be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention and shall also, or shall only, be fined not less than 10,000
yuan but not more than 100,000 yuan; if the amount involved is huge,
he shall be sentenced to fixed-term imprisonment of not less than
three years but not more than 10 years and shall also be fined not
less than 20,000 yuan but not more than 200,000 yuan; if the amount
involved is especially huge, he shall be sentenced to fixed-term
imprisonment of not less than 10 years and shall also be fined not
less than 50,000 yuan but not more than 500,000 yuan or be sentenced
to confiscation of property.
Article 173 Whoever alters currencies shall, if the amount involved is
relatively large, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention and shall also, or shall only, be
fined not less than 10,000 yuan but not more than 100,000 yuan; if
the amount involved is huge, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years and
shall also be fined not less than 20,000 yuan but not more than 200,000
yuan.
Article 174 Whoever establishes a commercial bank or any other banking
institution without the approval of the People's Bank of China shall
be sentenced to fixed-term imprisonment of not more than three years
or criminal detention and shall also, or shall only, be fined not less
than 20,000 yuan but not more than 200,000 yuan; if the circumstances
are serious, he shall be sentenced to fixed-term imprisonment of not
less than three years but not more than 10 years and shall also be fined
not less than 50,000 yuan but not more than 500,000 yuan.
Whoever forges, alters or transfers the permit for operation of a
commercial bank or any other banking institution shall be punished in
accordance with the provisions of the preceding paragraph.
Where a unit commits any of the crimes mentioned in the preceding two
paragraphs, it shall be fined, and the persons who are directly in
charge and the other persons who are directly responsible for the
crime shall be punished in accordance with the provisions of the first
paragraph.
Article 175 Whoever, for the purpose of making profits through
transferring loans, fraudulently obtains credit funds from a banking
institution and transfers the funds to another at usury shall, if the
amount of illegal gains is relatively large, be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention and shall also be fined not less than one time but not more
than five times the illegal gains; if the amount involved is huge, he
shall be sentenced to fixed-term imprisonment of not less than three
years but not more than seven years and shall also be fined not less
than one time but not more than five times the illegal gains.
Where a unit commits the crime as mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention.
Article 176 Whoever illegally takes in deposits from the general
public or does so in disguised form, thus disrupting the financial
order, shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention and shall also, or shall only, be
fined not less than 20,000 yuan but not more than 200,000 yuan; if the
amount involved is huge, or if there are other serious circumstances, he
shall be sentenced to fixed-term imprisonment of not less than three
years but not more than 10 years and shall also be fined not less than
50,000 yuan but not more than 500,000 yuan.
Where a unit commits the crime as mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the crime shall be
punished according to the provisions in the preceding paragraph.
Article 177 Whoever commits any of the following acts of forging or
altering financial bills shall be sentenced to fixed-term imprisonment
of not more than five years or criminal detention and shall also, or
shall only, be fined not less than 20,000 yuan but not more than 200,000
yuan; if the circumstances are serious, he shall be sentenced to fixed-
term imprisonment of not less than five years but not more than 10
years and shall also be fined not less than 50,000 yuan but not more
than 500,000 yuan; if the circumstances are especially serious, he shall
be sentenced to fixed-term imprisonment of not less than 10 years or
life imprisonment and shall also be fined not less than 50,000 yuan
but not more than 500,000 yuan or be sentenced to confiscation of
property:
(1) forging or altering bills of exchange, promissory notes or cheques;
(2) forging or altering settlement certificates of a bank such as
certificates of entrustment with the receipt of payment, certificates of
remittance and deposit receipts;
(3) forging or altering letters of credit or their attached bills and
documents; or
(4) forging credit cards.
Where a unit commits any of the crimes mentioned in the preceding
paragraph, it shall be fined, and the persons who are directly in charge
and the other persons who are directly responsible for the crime
shall be punished according to the provisions in the preceding
paragraph.
Article 178 Whoever forges or alters treasury certificates or any
other negotiable securities issued by the State shall, if the amount
involved is relatively large, be sentenced to fixed-term imprisonment of
not more than three years or criminal detention and shall also, or
shall only, be fined not less than 20,000 yuan but not more than 200,000
yuan; if the amount involved is huge, he shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
10 years and shall also be fined not less than 50,000 yuan but not
more than 500,000 yuan; if the amount involved is especially huge, he
shall be sentenced to fixed-term imprisonment of not less than 10
years or life imprisonment and shall also be fined not less than 50,
000 yuan but not more than 500,000 yuan or be sentenced to
confiscation of property.
Whoever forges or alters stocks or corporate or enterprise bonds shall,
if the amount involved is relatively large, be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention and shall also, or shall only, be fined not less than 10,000
yuan but not more than 100,000 yuan; if the amount involved is huge,
he shall be sentenced to fixed-term imprisonment of not less than
three years but not more than 10 years and shall also be fined not
less than 20,000 yuan but not more than 200,000 yuan.
Any unit that commits any of the crimes mentioned in the preceding two
paragraphs, it shall be fined, and the persons who are directly in
charge and the other persons who are directly responsible for the
crime shall be punished according to the provisions in the preceding two
yuan; if the amount involved is huge, he shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
10 years and shall also be fined not less than 50,000 yuan but not
more than 500,000 yuan; if the amount involved is especially huge, he
shall be sentenced to fixed-term imprisonment of not less than 10
years or life imprisonment and shall also be fined not less than 50,
000 yuan but not more than 500,000 yuan or be sentenced to
confiscation of property.
Whoever forges or alters stocks or corporate or enterprise bonds shall,
if the amount involved is relatively large, be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention and shall also, or shall only, be fined not less than 10,000
yuan but not more than 100,000 yuan; if the amount involved is huge,
he shall be sentenced to fixed-term imprisonment of not less than
three years but not more than 10 years and shall also be fined not
less than 20,000 yuan but not more than 200,000 yuan.
Any unit that commits any of the crimes mentioned in the preceding two
paragraphs, it shall be fined, and the persons who are directly in
charge and the other persons who are directly responsible for the
crime shall be punished according to the provisions in the preceding two
paragraphs respectively.
Article 179 Whoever issues stocks or corporate or enterprise bonds
without approval of the competent departments of the State shall, if the
amount involved is huge, and the consequences are serious, or if
there are other serious circumstances, be sentenced to fixed-term
imprisonment of not more than five years or criminal detention and shall
also, or shall only, be fined not less than one percent but not more
five percent of the funds illegally raised.
Where a unit commits the crime mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention.
Article 180 Any insider who possesses inside information about any stock
exchange transactions or anyone who illegally obtains such information,
prior to the publication of the information that concerns stock issuing
or exchange or that has a vital bearing on the stock price, buys or
sells the very stock or divulges the very information shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention and shall also, or
shall only, be fined not less than one time but not more than five times
the illegal gains; if the circumstances are especially serious, he
shall be sentenced to fixed-term imprisonment of not less than five
years but not more than 10 years and shall also be fined not less than
one time but not more than five times the illegal gains.
Where a unit commits the crime as mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention.
The range of inside information shall be determined in accordance with
the provisions of laws or administrative rules and regulations.
The range of insiders shall be determined in accordance with the
provisions of laws or administrative rules and regulations.
Article 181 Whoever fabricates and spreads false information to
adversely affect stock exchange and disrupt the stock exchange market
shall, if the consequences are serious, be sentenced to fixed-term
imprisonment of not more than five years or criminal detention and shall
also, or shall only, be fined not less than 10,000 yuan but not more
than 100,000 yuan.
Any employee of a stock exchange or securities company or any member
of a securities association or department for securities
administration who deliberately provides false information or forges,
alters or destroys transaction records in order to cajole investors into
buying or selling securities and thus serious consequences have
resulted, shall be sentenced to fixed-term imprisonment of not more than
five years or criminal detention and shall also, or shall only, be
fined not less than 10,000 yuan but not more than 100,000 yuan; if the
circumstances are especially serious, he shall be sentenced to
fixed-term imprisonment of not less than five years but not more than 10
years and shall also be fined not less than 20,000 yuan but not more
than 200,000 yuan.
Where a unit commits any of the crimes mentioned in the preceding two
paragraphs, it shall be fined, and the persons who are directly in
charge and the other persons who are directly responsible for the
crime shall be sentenced to fixed-term imprisonment of not more than
five years or criminal detention.
Article 182 Whoever commits any of the following acts by rigging stock
prices in order to obtain illegitimate profits or transfer risks shall,
if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than five years or criminal detention and shall
also, or shall only, be fined not less than one time but not more
than five times the illegal gains:
(1) rigging stock prices by working alone or plotting with another in
concluding transactions jointly or continuously through a mustering
superiority in the holding of funds or shares or in the use of
information;
(2) affecting stock prices or the volume of stock transactions by
colluding with another and carrying out stock exchange between
themselves upon a time, at a price and in a manner previously agreed, or
buying or selling between themselves the securities they do not hold;
(3) affecting stock prices or the volume of stock transactions by taking
himself as the counterpart of transaction and trading in stocks with
himself without transferring ownership of the stock; or
(4) rigging stock prices by any other means.
Where a unit commits any of the crimes mentioned in the preceding
paragraph, it shall be fined, and the persons who are directly in charge
and the other persons who are directly responsible for the crime
shall be sentenced to fixed-term imprisonment of not more than five
years or criminal detention.
Article 183 Any employee of an insurance company who, taking advantage
of his position, deliberately fabricates the occurrence of an insured
accident and falsely settles a fictitious claim, thereby swindling the
insured amount of money out of the company and taking it into his own
possession, shall be convicted and punished according to the
provisions in Article 271 of this Law.
If an employee of a State-owned insurance company or any person who is
assigned by a State-owned insurance company to an insurance company that
is not owned by the State to engage in public service commits the act
prescribed in the preceding paragraph, he shall be convicted and
punished according to the provisions in Articles 382 and 383 of this
Law.
Article 184 Any employee of a bank or of any other banking institution
who in financial activities demands money or property from another
person or illegally accepts money or property from another person in
return for the benefits secured for such person or, in violation of
State regulations, accepts rebates or service charges of various
descriptions and takes them into his own possession shall be convicted
and punished according to the provisions in Article 163 of this Law.
Any employee of a State-owned banking institution or any person assigned
by a State-owned banking institution to a banking institution that is
not owned by the State to engage in public service who commits the act
mentioned in the preceding paragraph shall be convicted and punished
according to the provisions in Articles 385 and 386 of this Law.
Article 185 Any employee of a bank or of any other banking institution
who, taking advantage of his position, misappropriates money belonging
to the bank or any client shall be convicted and punished according to
the provisions in Article 272 of this Law.
If any employee of a State-owned banking institution or any person who
is assigned by a State-owned banking institution to a banking
institution that is not owned by the State to engage in public service
commits the act mentioned in the preceding paragraph, he shall be
convicted and punished according to the provisions in Article 384 of
this Law.
Article 186 Any employee of a bank or of any other banking institution
who, against laws or administrative rules and regulations, grants
fiduciary loans or guaranteed loans to his connections on conditions
that are more preferential than those for granting the same type of
loans to other borrowers, thus causing relatively heavy losses, shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention and shall also be fined not less than 10,000 yuan but
not more than 100,000 yuan; if heavy losses are caused, he shall be
sentenced to fixed-term imprisonment of not less than five years and
shall also be fined not less than 20,000 yuan but not more than 200,
000 yuan.
Any employee of a bank or of any other banking institution who,
against laws or administrative rules and regulations, grants loans to
persons other than his connections, thus causing heavy losses, shall
be sentenced to fixed-term imprisonment of not more than five years or
criminal detention and shall also be fined not less than 10,000 yuan but
not more than 100,000 yuan; if especially heavy losses are caused, he
shall be sentenced to fixed-term imprisonment of not less than five
years and shall also be fined not less than 20,000 yuan but not more
than 200,000 yuan.
Where a unit commits any of the crimes mentioned in the preceding two
paragraphs, it shall be fined, and the persons who are directly in
charge and the other persons who are directly responsible for the
crime shall be punished according to the provisions in the preceding two
paragraphs respectively.
The range of connections shall be determined in accordance with the
provisions in the Law of the People's Republic of China on Commercial
Banks and the relevant regulations on banking.
Article 187 Any employee of a bank or of any other banking institution
who, for the purpose of making profits, illegally lends the funds he
absorbed from the clients instead of entering them into the account
book, or uses the funds as loans, thus causing heavy losses, shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention and shall also be fined not less than 20,000 yuan but
not more than 200,000 yuan; if especially heavy losses are caused, he
shall be sentenced to fixed-term imprisonment of not less than five
years and shall also be fined not less than 50,000 yuan but not more
than 500,000 yuan.
Where a unit commits the crime mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the crime shall be
punished according to the provisions in the preceding paragraph.
Article 188 Any employee of a bank or of any other banking institution
who, against regulations, issues letters of credit or other letters of
guaranty, negotiable instruments, deposit certificates or certificates
of financial standing, thus causing relatively heavy losses, shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention; if heavy losses are caused, he shall be sentenced to
fixed-term imprisonment of not less than five years.
Where a unit commits the crime mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the crime shall be
punished according to the provisions in the preceding paragraph.
Article 189 Any employee of a bank or of any other banking institution
by mafias or smugglers and gains derived therefrom, commits any of the
following acts in order to cover up or conceal the source or nature of
the funds shall, in addition to being confiscated of the said proceeds
and gains, be sentenced to fixed-term imprisonment of not more than five
years or criminal detention and shall also, or shall only, be fined not
less than five percent but not more than 20 percent of the amount of
money laundried; if the circumstances are serious, he shall be sentenced
to fixed-term imprisonment of not less than five but not more than 10
years and shall also be fined not less than five percent but not more
than 20 percent of the amount of money laundried:
(1) providing fund accounts;
(2) helping exchange property into cash or any financial negotiable
instruments;
(3) helping transfer capital through transferring accounts or any
other form of settlement;
(4) helping remit funds to any other country; or
(5) covering up or concealing by any other means the nature or source of
the illegally obtained proceeds and the gains derived therfrom.
Where a unit commits any of the crimes mentioned in the preceding
paragraph, it shall be fined, and the persons who are directly in charge
and the other persons who are directly responsible for the crime
shall be sentenced to fixed-term imprisonment of not more than five
years or criminal detention.
SECTION 5 CRIMES OF FINANCIAL FRAUD
Article 192 Whoever, for the purpose of illegal possession, unlawfully
raises funds by means of fraud shall, if the amount involved is
relatively large, be sentenced to fixed-term imprisonment of not more
than five years or criminal detention and shall also be fined not less
than 20,000 yuan but not more than 200,000 yuan; if the amount
involved is huge, or if there are other serious circumstances, he
shall be sentenced to fixed-term imprisonment of not less than five
years but not more than 10 years and shall also be fined not less than
50,000 yuan but not more than 500,000 yuan; if the amount involved is
especially huge, or if there are other especially serious circumstances,
he shall be sentenced to fixed-term imprisonment of not less than 10
years or life imprisonment and shall also be fined not less than 50,
000 yuan but not more than 500,000 yuan or be sentenced to
confiscation of property.
Article 193 Whoever commits any of the following acts to defraud a
bank or any other financial institution of loans for the purpose of
illegal possession shall, if the amount involved is relatively large, be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention and shall also be fined not less than 20,000 yuan but
not more than 200,000 yuan; if the amount involved is huge, or if there
are other serious circumstances, he shall be sentenced to fixed-term
imprisonment of not less than five years but not more than 10 years
and shall also be fined not less than 50,000 yuan but not more than
500,000 yuan; if the amount involved is especially huge, or if there are
other especially serious circumstances, he shall be sentenced to
fixed-term imprisonment of not less than 10 years or life imprisonment
and shall also be fined not less than 50,000 yuan but not more than
500,000 yuan or be sentenced to confiscation of property:
(1) inventing false reasons for obtaining funds, projects, etc. from
abroad;
(2) using a false economic contract;
(3) using a false supporting document;
(4) using a false property right certificate as guaranty or repeatedly
using the same mortgaged property as guaranty in excess of its value;
or
(5) defrauding loans by any other means.
Article 194 Whoever commits fraud by means of financial bills in any
of the following ways shall, if the amount involved is relatively large,
be sentenced to fixed-term imprisonment of not more than five years
or criminal detention and shall also be fined not less than 20,000
yuan but not more than 200,000 yuan; if the amount involved is huge,
or if there are other serious circumstances, he shall be sentenced to
fixed-term imprisonment of not less than five years but not more than 10
years and shall also be fined not less than 50,000 yuan but not more
than 500,000 yuan; if the amount involved is especially huge, or if
there are other especially serious circumstances, he shall be
sentenced to fixed-term imprisonment of not less than 10 years or life
imprisonment and shall also be fined not less than 50,000 yuan but not
more than 500,000 yuan or be sentenced to confiscation of property:
(1) knowingly using forged or altered bills of exchange, promissory
notes or cheques;
(2) knowingly using invalidated bills of exchange, promissory notes or
cheques;
(3) illegally using another's bills of exchange, promissory notes or
cheques;
(4) signing and issuing a rubber cheque or a cheque, on which the seal
is not in conformity with the reserved specimen seal, in order to
defraud money or property; or
(5) signing or issuing bills of exchange or promissory notes without
funds as a guaranty, in the capacity of a drawer, falsely specifying the
particulars thereon at the time of issue, in order to defraud money
or property.
Whoever uses forged or altered settlement certificates of a bank such as
certificates of entrustment with the receipt of payment, certificates
of remittance and deposit receipts shall be punished in accordance
with the provisions in the preceding paragraph.
Article 195 Whoever commits fraud by means of a letter of credit in
any of the following ways shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention and shall
also be fined not less than 20,000 yuan but not more than 200,000 yuan;
if the amount involved is huge, or if there are other serious
circumstances, he shall be sentenced to fixed-term imprisonment of not
less than five years but not more than 10 years and shall also be
fined not less than 50,000 yuan but not more than 500,000 yuan; if the
amount involved is especially huge, or if there are other especially
serious circumstances, he shall be sentenced to fixed-term
imprisonment of not less than 10 years or life imprisonment and shall
also be fined not less than 50,000 yuan but not more than 500,000 yuan
or be sentenced to confiscation of property:
(1) using a forged or altered letter of credit or any of its attached
bills or documents;
(2) using an invalidated letter of credit;
(3) fraudulently obtaining a letter of credit; or
(4) in any other ways.
Article 196 Whoever commits fraud by means of a credit card in any of
the following ways shall, if the amount involved is relatively large, be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention and shall also be fined not less than 20,000 yuan but
not more than 200,000 yuan; if the amount involved is huge, or if there
are other serious circumstances, he shall be sentenced to fixed-term
imprisonment of not less than five years but not more than 10 years
and shall also be fined not less than 50,000 yuan but not more than
500,000 yuan; if the amount involved is especially huge, or if there are
other especially serious circumstances, he shall be sentenced to
fixed-term imprisonment of not less than 10 years or life imprisonment
and shall also be fined not less than 50,000 yuan but not more than
500,000 yuan or be sentenced to confiscation of property:
(1) using a forged credit card;
(2) using an invalidated credit card;
(3) illegally using another's credit card; or
(4) overdrawing with ill intentions.
Overdrawing with ill intentions as mentioned in the preceding
paragraph means that a credit card holder who, for the purpose of
illegal possession, overdraws beyond the norm set or beyond the time
limit and refuses to repay the overdrawn amount after the bank that
issues the card urges him to do so.
Whoever steals a credit card and uses it shall be convicted and punished
in accordance with the provisions in Article 264 of this Law.
Article 197 Whoever commits fraud by using forged or altered treasury
certificates or any other securities issued by the State shall, if the
amount involved is relatively large, be sentenced to fixed-term
imprisonment of not more than five years or criminal detention and shall
also be fined not less than 20,000 yuan but not more than 200,000 yuan;
if the amount involved is huge, or if there are other serious
circumstances, he shall be sentenced to fixed-term imprisonment of not
less than five years but not more than 10 years and shall also be
fined not less than 50,000 yuan but not more than 500,000 yuan; if the
amount involved is especially huge, or if there are other especially
serious circumstances, he shall be sentenced to fixed-term
imprisonment of not less than 10 years or life imprisonment and shall
also be fined not less than 50,000 yuan but not more than 500,000 yuan
or be sentenced to confiscation of property.
Article 198 Any of the following persons who commit insurance fraud in
any of the following ways shall, if the amount involved is relatively
large, be sentenced to fixed-term imprisonment of not more than five
years or criminal detention and shall also be fined not less than 10,000
yuan but not more than 100,000 yuan; if the amount involved is huge, or
if there are other serious circumstances, he shall be sentenced to
fixed-term imprisonment of not less than five years but not more than 10
years and shall also be fined not less than 20,000 yuan but not more
than 200,000 yuan; if the amount involved is especially huge, or if
there are other especially serious circumstances, he shall be
sentenced to fixed-term imprisonment of not less than 10 years or life
imprisonment and shall also be fined not less than 20,000 yuan but not
more than 200,000 yuan or be sentenced to confiscation of property:
(1) an applicant defrauds insurance money by deliberately falsifying the
subject matter of the insurance;
(2) an applicant, an insured or a beneficiary defrauds insurance money
by cooking up the cause of an insured accident or overstates the
extent of loss;
(3) an applicant, an insured or a beneficiary defrauds insurance money
by inventing stories of an insured accident that does not occur;
(4) an applicant or an insured defrauds insurance money by
deliberately causing the occurrence of an insured accident that leads to
property damage; or
(5) an applicant or a beneficiary defrauds insurance money by
deliberately causing the death, disability or illness of the insured.
Whoever commits the act listed in sub-paragraph (4) or (5) of the
preceding paragraph, which also constitutes another crime, shall be
punished in accordance with the provisions on combined punishment for
several crimes.
Where a unit commits the crime mentioned in the first paragraph, it
shall be fined, and the persons who are directly in charge and the other
persons who are directly responsible for the crime shall be sentenced
to fixed-term imprisonment of not more than five years or criminal
detention; if the amount involved is huge, or if there are other serious
circumstances, they shall be sentenced to fixed-term imprisonment of
not less than five years but not more than 10 years; if the amount
involved is especially huge, or if there are other especially serious
circumstances, they shall be sentenced to fixed-term imprisonment of not
less than 10 years.
Any expert witness, witness or property assessor of an insured
accident who deliberately provides false supporting documents, thus
creating the conditions for another to practise defraudation, shall be
deemed an accomplice in insurance fraud and punished as such.
Article 199 Whoever commits the crime mentioned in Article 192, 194 or
195 of this Section shall, if the amount involved is especially huge,
and especially heavy losses are caused to the interests of the State and
the people, be sentenced to life imprisonment or death and also to
confiscation of property.
Article 200 Where a unit commits the crime mentioned in Article 192, 194
or 195 of this Section, it shall be fined, and the persons who are
directly in charge and the other persons who are directly responsible
for the crime shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention; if the amount involved is
huge, or if there are other serious circumstances, they shall be
sentenced to fixed-term imprisonment of not less than five years but not
more than 10 years; if the amount involved is especially huge, or if
there are other especially serious circumstances, they shall be
sentenced to fixed-term imprisonment of not less than 10 years or life
imprisonment.
SECTION 6 CRIMES OF JEOPARDIZING ADMINISTRATION OF TAX COLLECTION
Article 201 Any taxpayer who fails to pay or underpays the amount of
taxes payable by means of forging, altering, concealing or destroying
without authorization account books or vouchers for the accounts, or
overstating expenses or omitting or understating incomes in account
books, or refusing to file his tax returns after the tax authorities
have notified him to do so or filing false tax returns shall, if the
amount of tax evaded accounts for over 10 percent but under 30 percent
of the total of taxes payable and over 10,000 yuan but under 100,000
yuan, or if he commits tax evasion again after having been twice
subjected to administrative sanctions by the tax authorities for tax
evasion, be sentenced to fixed-term imprisonment of not more than
three years or criminal detention and shall also be fined not less
than one time but not more than five times the amount of tax evaded;
if the amount of tax evaded accounts for over 30 percent of the total of
taxes payable or is over 100,000 yuan, he shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
seven years and shall also be fined not less than one time but not
more than five times the amount of tax evaded.
Where a withholding agent who, by using the means mentioned in the
preceding paragraph, fails to pay or under-pays the taxes which he has
withheld or collected shall, if the amount accounts for over 10
percent of the total of taxes payable or is over 10,000 yuan, be
punished in accordance with the provisions in the preceding paragraph.
Whoever repeatedly commits the acts mentioned in the preceding two
paragraphs and goes unpunished shall be punished on the basis of the
cumulative total.
Article 202 Whoever refuses to pay taxes by means of violence or
threat shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention and shall also be fined not less
than one time but not more than five times the amount he refuses to pay;
than five times the amount defrauded; if the amount involved is huge, or
if there are other serious circumstances, he shall be sentenced to
fixed-term imprisonment of not less than five years but not more than 10
years and shall also be fined not less than one time but not more
than five times the amount defrauded; if the amount involved is
especially huge, or if there are other especially serious circumstances,
he shall be sentenced to fixed- term imprisonment of not less than 10
years or life imprisonment and shall also be fined not less than one
time but not more than five times the amount defrauded or be sentenced
to confiscation of property.
Any taxpayer who, after having paid the taxes, adopts the deceptive
means mentioned in the preceding paragraph to obtain a tax refund
shall be convicted and punished according to the provisions in Article
201 of this Law, and for the defrauded part that exceeds what he has
paid, he shall be punished according to the provisions in the
preceding paragraph.
Article 205 Whoever falsely makes out special invoices for value-added
tax or any other invoices to defraud a tax refund for exports or to
offset tax money shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention and shall also be fined
than five times the amount defrauded; if the amount involved is huge, or
if there are other serious circumstances, he shall be sentenced to
fixed-term imprisonment of not less than five years but not more than 10
years and shall also be fined not less than one time but not more
than five times the amount defrauded; if the amount involved is
especially huge, or if there are other especially serious circumstances,
he shall be sentenced to fixed- term imprisonment of not less than 10
years or life imprisonment and shall also be fined not less than one
time but not more than five times the amount defrauded or be sentenced
to confiscation of property.
Any taxpayer who, after having paid the taxes, adopts the deceptive
means mentioned in the preceding paragraph to obtain a tax refund
shall be convicted and punished according to the provisions in Article
201 of this Law, and for the defrauded part that exceeds what he has
paid, he shall be punished according to the provisions in the
preceding paragraph.
Article 205 Whoever falsely makes out special invoices for value-added
tax or any other invoices to defraud a tax refund for exports or to
offset tax money shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention and shall also be fined
not less than 20,000 yuan but not more than 200,000 yuan; if the
amount of money involved is relatively large or if there are other
serious circumstances, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years and
shall also be fined not less than 50,000 yuan but not more than 500,000
yuan; if the amount of money involved is huge, or if there are other
especially serious circumstances, he shall be sentenced to fixed-term
imprisonment of not less than 10 years or life imprisonment and shall
also be fined not less than 50,000 yuan but not more than 500,000 yuan
or be sentenced to confiscation of property.
Whoever commits the act mentioned in the preceding paragraph to
defraud tax money of the State shall, if the amount involved is
especially huge, and the circumstances are especially serious, thus
causing especially heavy losses to the interests of the State, shall
be sentenced to life imprisonment or death and also to confiscation of
property.
Where a unit commits the crime mentioned in this Article, it shall be
fined, and the persons who are directly in charge and the other
persons who are directly responsible for the crime shall be sentenced to
fixed- term imprisonment of not more than three years or criminal
circumstances, he shall be sentenced to fixed-term imprisonment of not
less than 10 years or life imprisonment and shall also be fined not less
than 50,000 yuan but not more than 500,000 yuan or be sentenced to
confiscation of property.
Whoever forges or sells forged special invoices for value-added tax
shall, if the number involved is especially huge, and the
circumstances are especially serious so that economic order is seriously
disrupted, be sentenced to life imprisonment or death and also to
confiscation of property.
Where a unit commits the crime mentioned in this Article, it shall be
fined, and the persons who are directly in charge and the other
persons who are directly responsible for the crime shall be sentenced to
fixed- term imprisonment of not more than three years, criminal
detention or public surveillance; if the number involved is relatively
large or if there are other serious circumstances, they shall be
sentenced to fixed- term imprisonment of not less than three years but
not more than 10 years; if the number involved is huge, or if there
are other especially serious circumstances, they shall be sentenced to
fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 207 Whoever illegally sells special invoices for value-added tax
shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance and shall also be fined
not less than 20,000 yuan but not more than 200,000 yuan; if the number
involved is relatively large, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years and
shall also be fined not less than 50,000 yuan but not more than 500,000
yuan; if the number involved is huge, he shall be sentenced to fixed-
term imprisonment of not less than 10 years or life imprisonment and
shall also be fined not less than 50,000 yuan but not more than 500,
000 yuan or be sentenced to confiscation of property.
Article 208 Whoever unlawfully purchases special invoices for value-
added tax or purchases forged special invoices for value-added tax shall
be sentenced to fixed-term imprisonment of not more than five years
or criminal detention and shall also, or shall only, be fined not less
than 20,000 yuan but not more than 200,000 yuan.
Whoever, in addition to unlawfully purchasing special invoices for
value-added tax or purchasing forged special invoices for value-added
tax, falsely makes out such invoices or sells them shall be convicted
and punished according to the provisions of Article 205, 206 or 207 of
this Law respectively.
Article 209 Whoever forges or makes without authorization any other
invoices, which can be used to defraud a tax refund for exports or to
offset tax money, or sells such invoices shall be sentenced to fixed-
term imprisonment of not more than three years, criminal detention or
public surveillance and shall also be fined not less than 20,000 yuan
but not more than 200,000 yuan; if the number involved is large, he
shall be sentenced to fixed-term imprisonment of not less than three
years but not more than seven years and shall also be fined not less
than 50,000 yuan but not more than 500,000 yuan; if the number
involved is especially huge, he shall be sentenced to fixed-term
imprisonment of not less than seven years and shall also be fined not
less than 50,000 yuan but not more than 500,000 yuan or be sentenced
to confiscation of property.
Whoever forges or makes without authorization invoices other than the
ones specified in the preceding paragraph or sells such invoices shall
be sentenced to fixed-term imprisonment of not more than two years,
criminal detention or public surveillance and shall also, or shall only,
be fined not less than 10,000 yuan but not more than 50,000 yuan; if
the circumstances are serious, he shall be sentenced to fixed-term
imprisonment of not less than two years but not more than seven years
and shall also be fined not less than 50,000 yuan but not more than
500,000 yuan.
Whoever illegally sells any other invoices which can be used to
defraud a tax refund for exports or to offset tax money shall be
punished according to the provisions in the first paragraph.
Whoever illegally sells invoices other than the ones specified in the
third paragraph shall be punished according to the provisions in the
second paragraph.
Article 210 Whoever steals special invoices for value-added tax or any
other invoices which can be used to defraud a tax refund for exports
or to offset tax money shall be convicted and punished in accordance
with the provisions in Article 264 of this Law.
Whoever fraudulently obtains special invoices for value-added tax or
other invoices which can be used to defraud a tax refund for exports
or to offset tax money shall be convicted and punished in accordance
with the provisions in Article 266 of this Law.
Article 211 Where a unit commits the crime mentioned in Article 201,
203, 204, 207, 208 or 209 of this Section, it shall be fined, and the
persons who are directly in charge and the other persons who are
directly responsible for the crime shall be punished in accordance
with the provisions of the Articles respectively.
Article 212 Whoever commits the crime mentioned in Article 201, 202,
203, 204 or 205 and is fined or sentenced to confiscation of property
shall be so punished after the tax authorities have recovered the
taxes evaded and the defrauded tax refund for exports.
SECTION 7 CRIMES OF INFRINGING ON INTELLECTUAL PROPERTY RIGHTS
Article 213 Whoever, without permission from the owner of a registered
trademark, uses a trademark which is identical with the registered
trademark on the same kind of commodities shall, if the circumstances
are serious, be sentenced to fixed-term imprisonment of not more than
three years or criminal detention and shall also, or shall only, be
fined; if the circumstances are especially serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than seven years and shall also be fined.
Article 214 Whoever knowingly sells commodities bearing counterfeit
registered trademarks shall, if the amount of sales is relatively large,
be sentenced to fixed-term imprisonment of not more than three years or
criminal detention and shall also, or shall only, be fined; if the
amount of sales is huge, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than seven
years and shall also be fined.
Article 215 Whoever forges or without authorization of another makes
representations of the person's registered trademarks or sells such
representations shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than three years, criminal
detention or public surveillance and shall also, or shall only, be
fined; if the circumstances are especially serious, he shall be
sentenced to fixed- term imprisonment of not less than three years but
not more than seven years and shall also be fined.
Article 216 Whoever counterfeits the patent of another shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of
not more than three years or criminal detention and shall also, or shall
only, be fined.
Article 217 Whoever, for the purpose of making profits, commits any of
the following acts of infringement on copyright shall, if the amount
of illegal gains is relatively large, or if there are other serious
circumstances, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention and shall also, or shall only, be
fined; if the amount of illegal gains is huge or if there are other
especially serious circumstances, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than seven
years and shall also be fined:
(1) reproducing and distributing a written work, musical work, motion
picture, television programme or other visual works, computer software
or other works without permission of the copyright owner;
(2) publishing a book of which the exclusive right of publication is
enjoyed by another person;
(3) reproducing and distributing an audio or video recording produced by
another person without permission of the producer; or
(4) producing or selling a work of fine art with forged signature of
another painter.
Article 218 Whoever, for the purpose of making profits, knowingly
sells works reproduced by infringing on the copyright of the owners as
mentioned in Article 217 of this Law shall, if the amount of illegal
gains is huge, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention and shall also, or shall only, be
fined.
Article 219 Whoever commits any of the following acts of infringing on
business secrets and thus causes heavy losses to the obligee shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention and shall also, or shall only, be fined; if the
consequences are especially serious, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than seven years
and shall also be fined:
(1) obtaining an obligee's business secrets by stealing, luring,
coercion or any other illegitimate means;
(2) disclosing, using or allowing another to use the business secrets
obtained from the obligee by the means mentioned in the preceding
paragraph; or
(3) in violation of the agreement on or against the obligee's demand for
keeping business secrets, disclosing, using or allowing another
person to use the business secrets he has.
Whoever obtains, uses or discloses another's business secrets, which
he clearly knows or ought to know falls under the categories of the acts
listed in the preceding paragraph, shall be deemed an offender who
infringes on business secrets.
"Business secrets" as mentioned in this Article refers to technology
information or business information which is unknown to the public,
can bring about economic benefits to the obligee, is of practical use
and with regard to which the obligee has adopted secret-keeping
measures.
"Obligee" as mentioned in this Article refers to the owner of business
secrets and the person who is permitted by the owner to use the business
secrets.
Article 220 Where a unit commits any of the crimes mentioned in the
Articles from 213 through 219 of this Section, it shall be fined, and
the persons who are directly in charge and the other persons who are
directly responsible for the crime shall be punished in accordance
with the provisions of the Articles respectively.
SECTION 8 CRIMES OF DISRUPTING MARKET ORDER
Article 221 Whoever fabricates stories and spreads them to damage
another person's business credit or commodity reputation, if heavy
losses are caused to the person, or if there are other serious
circumstances, shall be sentenced to fixed-term imprisonment of not more
than two years or criminal detention and shall also, or shall only,
be fined.
Article 222 Any advertiser, advertisement agent or advertisement
publisher who, in violation of State regulations, takes advantage of
advertisement to make false publicity of commodities or services, if the
circumstances are serious, shall be sentenced to fixed-term
imprisonment of not more than two years or criminal detention and
shall also, or shall only, be fined.
Article 223 Bidders who act in collusion with each other in offering
bidding prices and thus jeopardize the interests of bid-inviters or of
other bidders, if the circumstances are serious, shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention and shall also, or shall only, be fined.
If a bidder and bid-inviter act in collusion with each other in
bidding and thus jeopardize the lawful interests of the State, the
collective or citizens, they shall be punished according to the
provisions of the preceding paragraph.
Article 224 Whoever, during the course of signing or fulfilling a
contract, commits any of the following acts to defraud money or property
of the other party for the purpose of illegal possession, if the amount
involved is relatively large, shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention and
shall also, or shall only, be fined; if the amount involved is huge,
or if there are other serious circumstances, he shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
10 years and shall also be fined; if the amount involved is especially
huge or if there are other especially serious circumstances, he shall be
sentenced to fixed-term imprisonment of not less than 10 years or
life imprisonment and shall also be fined or be sentenced to
confiscation property:
(1) signing a contract in the name of a fictitious unit or in the name
of another person;
(2) offering as guaranty forged, altered or invalidated negotiable
instruments or any other false property right certificates;
(3) while having no ability to fulfil a contract, conjoling the other
party into continuing to sign and fulfil a contract by way of fulfilling
a contract that involves a small amount of money or fulfilling part
of the contract;
(4) going into hiding after receiving the other party's goods, payment
for goods, cash paid in advance or property for guaranty; or
(5) any other acts.
Article 225 Whoever, in violation of State regulations, commits any of
the following illegal acts in business operation and thus disrupts
market order, if the circumstances are serious, shall be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention and shall also, or shall only, be fined not less than one time
but not more than five times the amount of illegal gains; if the
circumstances are especially serious, he shall be sentenced to fixed-
term imprisonment of not less than five years and shall also be fined
not less than one time but not more than five times the amount of
illegal gains or be sentenced to confiscation of property:
(1) without permission, dealing in goods that are designated by laws
or administrative rules and regulations as goods to be dealt in or
sold in a monopoly way or other goods that are restricted in trading;
(2) buying or selling import or export licenses, import or export
certificates of origin or other business licenses or approval papers
required by laws or administrative rules and regulations; or
(3) other illegal operations that seriously disrupt market order.
Article 226 Whoever buys or sells commodities by violence or
intimidation, or compels another person to provide or receive a service,
if the circumstances are serious, shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention and
shall also, or shall only, be fined.
Article 227 Whoever counterfeits or scalps any counterfeit train or ship
tickets, stamps or any other negotiable tickets, if the amount involved
is relatively large, shall be sentenced to fixed-term imprisonment of
not more than two years, criminal detention or public surveillance and
shall also, or shall only, be fined not less than one time but not
more than five times the value of the tickets; if the amount involved is
huge, he shall be sentenced to fixed-term imprisonment of not less than
two years but not more than seven years and shall also be fined not
less than one time but not more than five times the value of the
tickets.
Whoever scalps train or ship tickets, if the circumstances are serious,
shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance, and shall also, or
shall only, be fined not less than one time but not more than five times
the value of the tickets.
Article 228 Whoever, in violation of the rules and regulations on land
administration, illegally transfers or scalps land-use right to make
profits, if the circumstances are serious, shall be sentenced to
fixed- term imprisonment of not more than three years or criminal
detention and shall also, or shall only, be fined not less than five
percent but not more than 20 percent of the money gained therefrom; if
the circumstances are especially serious, he shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
seven years and shall also be fined not less than five percent but not
more than 20 percent of the money gained therefrom.
Article 229 If a member of a intermediary organization, whose duty is to
make capital assessment, verification or validation, to do accounting
or auditing, or to provide legal service, etc, deliberately provides
false testifying papers, if the circumstances are serious, he shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention and shall also be fined.
Any member mentioned in the preceding paragraph who commits the crime
prescribed in the preceding paragraph demands money or property from
another or illegally accepts money or property from another shall be
sentenced to fixed-term imprisonment of not less than five years but not
more than 10 years and shall also be fined.
Any member mentioned in the first paragraph who, grossly neglecting
his duty, produces testifying papers that are highly inconsistent with
the facts, thus causing serious consequences, shall be sentenced to
fixed- term imprisonment of not more than three years or criminal
detention and shall also, or shall only, be fined.
Article 230 Whoever, in violation of the provisions in the Law on Import
and Export Commodity Inspection, evades commodity inspection and
markets or uses import commodities that are subject to inspection by the
commodity inspection authorities but are not declared for such
inspection, or exports commodities that are subject to inspection by the
commodity inspection authorities but are not proved up to standard
through declaration for such inspection, if the circumstances are
serious, shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention and shall also, or shall only, be
fined.
Article 231 Where a unit commits the crime mentioned in the Articles
from 221 through 230 of this Section, it shall be fined, and the persons
who are directly in charge and the other persons who are directly
responsible for the crime shall be punished in accordance with the
provisions of the Articles respectively.
CHAPTER IV CRIMES OF INFRINGING UPON CITIZENS' RIGHT OF THE PERSON AND
Article 232 Whoever intentionally commits homicide shall be sentenced to
death, life imprisonment or fixed-term imprisonment of not less than 10
years; if the circumstances are relatively minor, he shall be sentenced
to fixed-term imprisonment of not less than three years but not more
than 10 years.
Article 233 Whoever negligently causes death to another person shall
be sentenced to fixed-term imprisonment of not less than three years but
not more than seven years; if the circumstances are relatively minor,
he shall be sentenced to fixed-term imprisonment of not more than
three years, except as otherwise specifically provided in this Law.
Article 234 Whoever intentionally inflicts injury upon another person
shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph, thus
causing severe injury to another person, shall be sentenced to fixed-
term imprisonment of not less than three years but not more than 10
years; if he causes death to the person or, by resorting to especially
cruel means, causes severe injury to the person, reducing the person
to utter disability, he shall be sentenced to fixed-term imprisonment of
not less than 10 years, life imprisonment or death, except as otherwise
specifically provided in this Law.
Article 235 Whoever negligently injures another person and causes severe
injury to the person shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention, except as otherwise
specifically provided in this Law.
Article 236 Whoever rapes a woman by violence, coercion or any other
means shall be sentenced to fixed-term imprisonment of not less than
three years but not more than 10 years.
Whoever has sexual intercourse with a girl under the age of 14 shall
be deemed to have committed rape and shall be given a heavier
punishment.
Whoever rapes a woman or has sexual intercourse with a girl under the
age of 14 shall, in any of the following circumstances, be sentenced
to fixed-term imprisonment of not less than 10 years, life
imprisonment or death:
(1) the circumstances being flagrant;
(2) raping a number of women or girls under the age of 14;
(3) raping a woman before the public in a public place;
(4) raping a woman with one or more persons in succession; or
(5) causing serious injury or death to the victim or any other serious
consequences.
Article 237 Whoever acts indecently against or insults a woman by
violence, coercion or any other forcible means shall be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention.
Whoever gathers a number of people to commit the crime mentioned in
the preceding paragraph or commits the crime before the public in a
public place shall be sentenced to fixed-term imprisonment of not less
than five years.
Whoever acts indecently against a child shall be given a heavier
punishment in accordance with the provisions of the preceding two
paragraphs.
Article 238 Whoever unlawfully detains another person or unlawfully
deprives the personal freedom of another person by any other means shall
be sentenced to fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or deprivation of political
rights. If he resorts to battery or humiliation, he shall be given a
heavier punishment.
Whoever commits the crime mentioned in the preceding paragraph and
causes serious injury to the victim shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years; if
he causes death to the victim, he shall be sentenced to fixed-term
imprisonment of not less than 10 years. If he causes injury,
disability or death to the victim by violence, he shall be convicted and
punished in accordance with the provisions of Article 234 or 232 of
this Law.
Whoever unlawfully detains or confines another person in order to get
payment of a debt shall be punished in accordance with the provisions of
the preceding two paragraphs.
Where a functionary of a State organ commits any of the crimes mentioned
in the preceding three paragraphs by taking advantage of his
functions and powers, he shall be given a heavier punishment in
accordance with the provisions in the preceding three paragraphs
correspondingly.
Article 239 Whoever kidnaps another person for the purpose of
extorting money or 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 also to a fine or confiscation of property; if
he causes death to the kidnapped person or kills the kidnapped person,
he shall be sentenced to death and also to confiscation of property.
Whoever steals a baby or an infant for the purpose of extorting money or
property shall be punished in accordance with the provisions of the
preceding paragraph.
Article 240 Whoever abducts and traffics in a woman or child shall be
sentenced to fixed-term imprisonment of not less than five years but not
more than 10 years and shall also be fined; if he falls under any of
the following categories, he shall be sentenced to fixed-term
imprisonment of not less than 10 years or life imprisonment and shall
also be fined or sentenced to confiscation of property; if the
circumstances are especially serious, he shall be sentenced to death and
also to confiscation of property:
(1) being a ringleader of a gang engaged in abducting and trafficking in
women and children;
(2) abducting and trafficking in three or more women and/or children;
(3) raping the woman who is abducted and trafficked in;
(4) enticing or forcing the woman who is abducted and trafficked in to
engage in prostitution, or selling such woman to any other person who
would force her to engage in prostitution;
(5) kidnapping a woman or child by means of violence, coercion or
anaesthesia for the purpose of selling the victim;
(6) stealing a baby or an infant for the purpose of selling the victim;
(7) causing serious injury or death to the woman or child who is
abducted and trafficked in or to her or his relatives or any other
serious consequences; or
(8) selling a woman or a child out of the territory of China.
By abducting and trafficking in a woman or child is meant any of the
following acts: abducting, kidnapping, buying, trafficking in, fetching,
sending, or transferring a woman or child, for the purpose of selling
the victim.
Article 241 Whoever buys an abducted woman or child shall be sentenced
to fixed-term imprisonment of not more than three years, criminal
detention or public surveillance.
Whoever buys an abducted woman and forces her to have sexual intercourse
with him shall be convicted and punished in accordance with the
provisions of Article 236 of this Law.
Whoever buys an abducted woman or child and illegally deprives the
victim of his or her personal freedom or restricts his or her personal
freedom, or commits any criminal acts such as harming and humiliating
the victim, shall be convicted and punished in accordance with the
relevant provisions of this Law.
Whoever buys an abducted woman or child and commits the criminal act
as specified in the second or third paragraph of this Article shall be
punished in accordance with the provisions on combined punishment for
several crimes.
Whoever buys an abducted woman or child and sells the victim
afterwards shall be convicted and punished in accordance with the
provisions of Article 240 of this Law.
Whoever buys an abducted woman or child but does not obstruct the
woman from returning to her original place of residence as she wishes or
does not maltreat the child nor obstruct his or her rescue may be
exempted from being investigated for criminal responsibility.
Article 242 Whoever, through violence or threat, obstructs functionaries
of a State organ from rescuing a sold woman or child shall be convicted
and punished in accordance with the provisions of Article 277 of this
Law.
The major culprit who gathers people to prevent functionaries of a State
organ from rescuing a sold woman or child shall be sentenced to
fixed- term imprisonment of not more than five years or criminal
detention; the other participants who resort to violence or threat shall
be punished in accordance with the provisions of the preceding
paragraph.
Article 243 Whoever invents stories to implicate another person with the
intention of having him investigated for criminal responsibility, if
the circumstances are serious, shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or
public surveillance; if the consequences are serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years.
Any functionary of a State organ who commits the crime mentioned in
the preceding paragraph shall be given a heavier punishment.
The provisions of the preceding two paragraphs shall not be applicable
to cases of unintentional false charge, mistaken complaint or
unfounded accusation.
Article 244 Where an employer, in violation of the laws and
regulations on labour administration, compels its employees to work by
restricting their personal freedom, if the circumstances are serious,
the persons who are directly responsible for the offence shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention and shall also, or shall only, be fined.
Article 245 Whoever unlawfully subjects another person to a body
search or a search of his residence or unlawfully intrudes into
another person's residence shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention.
Any judicial officer who abuses his power and commits the crime
mentioned in the preceding paragraph shall be given a heavier
punishment.
Article 246 Whoever, by violence or other methods, publicly humiliates
another person or invent stories to defame him, if the circumstances are
serious, shall be sentenced to fixed-term imprisonment of not more than
three years, criminal detention, public surveillance or deprivation
of political rights.
The crime mentioned in the preceding paragraph shall be handled only
upon complaint, except where serious harm is done to public order or
to the interests of the State.
Article 247 Any judicial officer who extorts confession from a
criminal suspect or defendant by torture or extorts testimony from a
witness by violence shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention. If he causes injury,
disability or death to the victim, he shall be convicted and given a
heavier punishment in accordance with the provisions of Article 234 or
232 of this Law.
Article 248 Any policeman or other officer of an institution of
confinement like a prison, a detention house or a custody house who
beats a prisoner or maltreats him by subjecting him to corporal
punishment, if the circumstances are serious shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention; if the circumstances are especially serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years. If he causes injury, disability or death to
the victim, he shall be convicted and given a heavier punishment in
accordance with the provisions of Article 234 or 232 of this Law.
Any policeman or other officer who instigates a person held in custody
to beat or maltreat another person held in custody by subjecting him
to corporal punishment, the policeman or officer shall be punished in
accordance with the provisions of the preceding paragraph.
Article 249 Whoever incites national enmity or discrimination, if the
circumstances are serious, shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention, public surveillance
or deprivation of political rights; if the circumstances are
especially serious, he shall be sentenced to fixed-term imprisonment
of not less than three years but not more than 10 years.
Article 250 Where a publication carries an article designed to
discriminate or humiliate an ethnic group, if the circumstances are
flagrant and the consequences are serious, the persons who are
directly responsible for the offence shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or
public surveillance.
Article 251 Any functionary of a State organ who unlawfully deprives a
citizen of his or her freedom of religious belief or infringes upon
the customs and habits of an ethnic group, if the circumstances are
serious, shall be sentenced to fixed-term imprisonment of not more
than two years or criminal detention.
Article 252 Whoever conceals, destroys or unlawfully opens another
person's letter, thereby infringing upon the citizen's right to
freedom of correspondence, if the circumstances are serious, shall be
sentenced to fixed-term imprisonment of not more than one year or
criminal detention.
Article 253 Any postal worker who opens without authorization or
conceals or destroys mail or telegrams shall be sentenced to
fixed-term imprisonment of not more than two years or criminal
detention.
Whoever steals money or property by committing the crime mentioned in
the preceding paragraph shall be convicted and given a heavier
punishment in accordance with the provisions of Article 264 of this
Law.
Article 254 Any functionary of a State organ who, abusing his power or
using his public office for private ends, retaliates against or frames
up complainants, petitioners, critics or persons who report against
him shall be sentenced to fixed-term imprisonment of not more than two
years or criminal detention; if the circumstances are serious, he
shall be sentenced to fixed-term imprisonment of not less than two years
but not more than seven years.
Article 255 Any leading member of a company, enterprise, institution,
State organ or people's organization who retaliates against the
accountants or statisticians who perform their functions and duties
according to law and resist any acts violating the Accounting Law or the
Statistics Law, if the circumstances are flagrant, shall be sentenced
to fixed-term imprisonment of not more than three years or criminal
detention.
Article 256 Whoever, in election of the deputies to the people's
congresses and the leading members of State organs at various levels,
disrupts election or obstructs the electorate and deputies from freely
exercising their right to vote and to stand for election by such means
as violence, threat, deception, bribery, falsification of electoral
documents or false report of ballots, if the circumstances are serious,
shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention or deprivation of political rights.
Article 257 Whoever uses violence to interfere with another person's
freedom of marriage shall be sentenced to fixed-term imprisonment of not
more than two years or criminal detention.
Whoever commits the crime mentioned in the preceding paragraph and
causes death to the victim shall be sentenced to fixed-term imprisonment
of not less than two years but not more than seven years.
The crime mentioned in the first paragraph of this Article shall be
handled only upon complaint.
Article 258 Whoever has a spouse and commits bigamy or knowingly marries
a person who has a spouse shall be sentenced to fixed-term imprisonment
of not more than two years or criminal detention.
Article 259 Whoever knowingly cohabits with or marries a person who is
the spouse of an active serviceman shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention.
Whoever, by taking advantage of his functions and powers or the
subordinate relationship, have sexual intercourse with the wife of an
active serviceman by means of coercion shall be convicted and punished
in accordance with the provisions of Article 236 of this Law.
Article 260 Whoever maltreats a member of his family, if the
circumstances are flagrant, shall be sentenced to fixed-term
imprisonment of not more than two years, criminal detention or public
surveillance.
Whoever commits the crime mentioned in the preceding paragraph and
causes serious injury or death to the victim shall be sentenced to
fixed-term imprisonment of not less than two years but not more than
seven years.
The crime mentioned in the first paragraph of this Article shall be
handled only upon complaint.
Article 261 Whoever refuses to fulfill his duty to support an aged
person, minor, sick person or any other person who cannot live
independently, if the circumstances are flagrant, shall be sentenced
to fixed-term imprisonment of not more than five years, criminal
detention or public surveillance.
Article 262 Whoever abducts a minor under the age of 14, thereby
separating the child from his family or guardian, shall be sentenced
to fixed-term imprisonment of not more than five years or criminal
detention.
CHAPTER V CRIMES OF PROPERTY VIOLATION
Article 263 Whoever robs public or private property by violence,
coercion or other methods shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years and
shall also be fined; whoever falls under any of the following
categories shall be sentenced to fixed-term imprisonment of not less
than 10 years, life imprisonment or death and shall also be fined or
sentenced to confiscation of property:
(1) intruding into another person's residence to rob;
(2) robbing on board the means of public transportation;
(3) robbing a bank or any other banking institution;
(4) committing robbery repeatedly or robbing a huge, sum of money;
(5) causing serious injury or death to another person in the course of
robbery;
(6) impersonating a serviceman or policeman in robbing;
(7) robbing with a gun; or
(8) robbing military materials or the materials for emergency rescue,
disaster relief or social relief.
Article 264 Whoever steals a relatively large amount of public or
private property or commits theft repeatedly shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention
or public surveillance and shall also, or shall only, be fined; if
the amount is huge, or if there are other serious circumstances, he
shall be sentenced to fixed-term imprisonment of not less than three
years but not more than 10 years and shall also be fined; if the
amount is especially huge, or if there are other especially serious
circumstances, he shall be sentenced to fixed-term imprisonment of not
less than 10 years or life imprisonment and shall also be fined or be
sentenced to confiscation of property; whoever falls under any of the
following categories shall be sentenced to life imprisonment or death,
and shall also be sentenced to confiscation of property:
(1) stealing a banking institution and the amount involved is especially
huge; or
(2) stealing precious cultural relics and the circumstances are
serious.
Article 265 Whoever, for the purpose of making profits, stealthily
connects his telecommunications line with that of another person,
duplicates another person's telecommunications code or number or uses
the telecommunication equipment or device while clearly knowing that
it is stealthily connected with another person's or duplicated shall
be convicted and punished in accordance with the provisions of Article
264 of this Law.
Article 266 Whoever swindles public or private money or property, if the
amount is relatively large, shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or
public surveillance and shall also, or shall only, be fined; if the
amount is huge, or if there are other serious circumstances, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years and shall also be fined; if the amount is
especially huge, or if there are other especially serious circumstances,
he shall be sentenced to fixed-term imprisonment of not less than 10
years or life imprisonment and shall also be fined or be sentenced to
confiscation of property, except as otherwise specifically provided in
this Law.
Article 267 Whoever forcibly seizes public or private money or property,
if the amount is relatively large, shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or
public surveillance and shall also, or shall only, be fined; if the
amount is huge, or there are other serious circumstances, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years and shall also be fined; if the amount is
especially huge, or there are other especially serious circumstances, he
shall be sentenced to fixed-term imprisonment of not less than 10 years
or life imprisonment and shall also be fined or be sentenced to
confiscation of property.
public surveillance and shall also, or shall only, be fined; if the
amount is huge, or if there are other serious circumstances, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years and shall also be fined; if the amount is
especially huge, or if there are other especially serious circumstances,
he shall be sentenced to fixed-term imprisonment of not less than 10
years or life imprisonment and shall also be fined or be sentenced to
confiscation of property, except as otherwise specifically provided in
this Law.
Article 267 Whoever forcibly seizes public or private money or property,
if the amount is relatively large, shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or
public surveillance and shall also, or shall only, be fined; if the
amount is huge, or there are other serious circumstances, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years and shall also be fined; if the amount is
especially huge, or there are other especially serious circumstances, he
shall be sentenced to fixed-term imprisonment of not less than 10 years
or life imprisonment and shall also be fined or be sentenced to
confiscation of property.
Whoever commits the crime with lethal weapons shall be convicted and
punished in accordance with the provisions of Article 263 of this Law.
Article 268 Where people are gathered to forcibly seize public or
private money or property, if the amount is relatively large or if there
are other serious circumstances, the ringleaders and active
participants shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance and shall
also be fined; if the amount is huge, or there are other serious
circumstances, they shall be sentenced to fixed-term imprisonment of not
less than three years but not more than 10 years and shall also be
fined.
Article 269 Whoever commits the crime of theft, fraud or forcible
seizure of money or property and uses violence on the spot or
threatens to use violence in order to conceal the booty, resist arrest
or destroy the criminal evidence shall be convicted and punished in
accordance with the provisions of Article 263 of this Law.
Article 270 Whoever unlawfully takes possession of another person's
money or property under his custody and refuses to return it, if the
amount is relatively large, shall be sentenced to fixed-term
imprisonment of not more than two years, or criminal detention or be
fined; if the amount is huge, or if there are other serious
circumstances, he shall be sentenced to fixed-term imprisonment of not
less than two years but not more than five years and shall also be
fined.
Whoever unlawfully takes possession of an object, which another person
has forgotten about or buried, and refuses to hand it over, if the
amount is relatively large, shall be punished in accordance with the
provisions of the preceding paragraph.
The crime mentioned in this Article shall be handled only upon
complaint.
Article 271 Any employee of a company, enterprise or any other unit who,
taking advantage of his position, unlawfully takes possession of the
money or property of his own unit, if the amount is relatively large,
shall be sentenced to fixed-term imprisonment of not more than five
years or criminal detention; if the amount is huge, he shall be
sentenced to fixed-term imprisonment of not less than five years and may
also be sentenced to confiscation of property.
If an employee who is engaged in public service in a State-owned
company, enterprise or any other State-owned unit or if a person who
is assigned by a State-owned company, enterprise or any other
State-owned unit to a company, enterprise or any other unit that is
not owned by the State to engage in public service commits the act
mentioned in the preceding paragraph, he shall be convicted and punished
in accordance with the provisions of Article 382 or 383 of this Law.
Article 272 Any employee of a company, enterprise or any other unit who,
taking advantage of his position, misappropriates the funds of his
own unit for personal use or for loaning them to another person, if
the amount is relatively large and the funds are not repaid at the
expiration of three months, or if the funds are repaid before the
expiration of three months but the amount involved is relatively large
and the funds are used for profit-making activities or for illegal
activities, shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention; if the amount involved is huge,
or if it is relatively large but is not returned, he shall be sentenced
to fixed-term imprisonment of not less than three years but not more
than 10 years.
If an employee who is engaged in public service in a State-owned
company, enterprise or any other State-owned unit or any person who is
assigned by a State-owned company, enterprise, or any other
State-owned unit to a company, enterprise or any other unit that is
not owned by the State to engage in public service commits any act
mentioned in the preceding paragraph, he shall be convicted and punished
in accordance with the provisions of Article 384 of this Law.
Article 273 In cases of misappropriation of funds or materials that
are allocated for disaster relief, emergency rescue, flood prevention
and control, support to disabled servicemen and families of
revolutionary martyrs and servicemen, aid to the poor, migration and
social relief, if the circumstances are serious and major harm is caused
to the interests of the State and the people, the person who is
directly responsible for the offence shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention; if
the circumstances are especially serious, he shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
seven years.
Article 274 Whoever extorts public or private money or property by
blackmail, if the amount is relatively large, shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention
or public surveillance; if the amount is huge, or if there are other
serious circumstances, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years.
Article 275 Whoever intentionally destroys or damages public or
private money or property, if the amount involved is relatively large or
if there are other serious circumstances, shall be sentenced to
fixed-term imprisonment of not more than three years, or criminal
detention or be fined; if the amount involved is huge, or if there are
other especially serious circumstances, he shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
seven years.
Article 276 Anyone who, for purposes of giving vent to spite or
retaliating or out of other personal motives, destroys or damages
machines or equipment, cruelly injures or slaughters farm animals or
sabotages production and business operation by other means, shall be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less
than three years but not more than seven years.
CHAPTER VI CRIMES OF OBSTRUCTING THE ADMINISTRATION OF PUBLIC ORDER
SECTION 1 CRIMES OF DISTURBING PUBLIC ORDER
Article 277 Whoever by means of violence or threat, obstructs a
functionary of a State organ from carrying out his functions according
to law shall be sentenced to fixed-term imprisonment of not more than
three years, criminal detention, or public surveillance or be fined.
Whoever by means of violence or threat, obstructs a deputy to the
National People's Congress or a deputy to a local people's congress at
any level from carrying out his functions as a deputy according to law
shall be punished in accordance with the provisions of the preceding
paragraph.
Whoever during natural calamities or emergencies obstructs, by means
of violence or threat, the workers of the Red Cross Society from
performing their functions and duties according to law shall be punished
in accordance with the provisions of the first paragraph.
Whoever intentionally obstructs officers of a State security organ or
a public security organ from maintaining State security in accordance
with law and causes serious consequences, though without resort to
violence or threat, shall be punished in accordance with the
provisions of the first paragraph.
Article 278 Whoever incites people to resist by violence the
implementation of the laws and administrative rules and regulations of
the State shall be sentenced to fixed-term imprisonment of not more than
three years, criminal detention, public surveillance or deprivation
of political rights; if the consequences are serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than seven years.
Article 279 Whoever impersonates a functionary of a State organ to go
about and deceive people shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention, public surveillance or
deprivation of political rights; if the circumstances are serious, he
shall be sentenced to fixed-term imprisonment of not less than three
years but not more than 10 years.
Whoever impersonates a people's policeman to go about and deceive people
shall be given a heavier punishment in accordance with the provisions
of the preceding paragraph.
Article 280 Whoever forges, alters, buys, sells or steals, forcibly
seizes or destroys the official documents, certificates or seals of a
State organ shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention, public surveillance or deprivation
of political rights; if the circumstances are serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years.
Whoever forges the seals of a company, enterprise, institution or a
people's organization shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention, public surveillance or
deprivation of political rights.
Whoever forges or alters identity cards of citizens shall be sentenced
to fixed-term imprisonment of not more than three years, criminal
detention, public surveillance or deprivation of political rights; if
the circumstances are serious, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than seven
years.
Article 281 Whoever illegally manufactures, buys or sells the people's
police uniforms, number plates of police vehicles and other police
insignia or police implements, if the circumstances are serious, shall
be sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance and shall also, or shall only,
be fined.
Where a unit commits the crime mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the offence shall be
punished in accordance with the provisions of the preceding paragraph.
Article 282 Whoever unlawfully obtains State secrets by stealing, spying
or buying shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention, public surveillance or deprivation
of political rights; if the circumstances are serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than seven years.
Whoever unlawfully holds the documents, material or other objects
classified as "strictly confidential" or "confidential" State secrets
and refuses to explain their sources and purposes shall be sentenced
to fixed-term imprisonment of not more than three years, criminal
detention or public surveillance.
Article 283 Whoever unlawfully manufactures or sells any specialized
espionage equipment or devices such as those for eavesdropping or secret
photographing shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance.
Article 284 Whoever unlawfully uses any special equipment or devices for
eavesdropping or secret photographing, if the consequences are serious,
shall be sentenced to fixed-term imprisonment of not more than two
years, criminal detention or public surveillance.
Article 285 Whoever, in violation of State regulations, invades the
computer information system in the fields of State affairs, national
defence construction or sophisticated science and technology shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention.
Article 286 Whoever, in violation of State regulations, cancels, alters,
increases or jams the functions of the computer information system,
thereby making it impossible for the system to operate normally, if
the consequences are serious, shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention; if the
consequences are especially serious, he shall be sentenced to fixed-term
imprisonment of not less than five years.
Whoever, in violation of State regulations, cancels, alters or increases
the data stored in or handled or transmitted by the computer
information system or its application program, if the consequences are
serious, shall be punished in accordance with the provisions of the
preceding paragraph.
Whoever intentionally creates or spreads destructive programs such as
the computer viruses, thus affecting the normal operation of the
computer system, if the consequences are serious, shall be punished in
accordance with the provisions of the first paragraph.
Article 287 Whoever uses computers to commit the crimes such as
financial fraud, theft, embezzlement, misappropriation of public funds
and theft of State secrets shall be convicted and punished in accordance
with the relevant provisions of this Law.
Article 288 Whoever, in violation of State regulations, sets up or
uses a radio station or occupies radio frequency without authorization
and refuses to stop the use after being ordered to do so, thus
disrupting the normal operation of radio communications and causing
serious consequences, shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance and
shall also, or shall only, be fined.
Where a unit commits the crime mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the offence shall be
punished in accordance with the provisions of the preceding paragraph.
Article 289 Where people are gathered to commit "beating, smashing or
looting", thus causing injury, disability or death to a person, the
offenders shall be convicted and punished in accordance with the
provisions of Article 234 or 232 of this Law. If public or private money
or property is destroyed, damaged, or forcibly taken, the offenders
shall be ordered to return the money or property or make compensation
and, in addition, the ringleaders shall be convicted and punished in
accordance with the provisions of Article 263 of this Law.
Article 290 Where people are gathered to disturb public order to such
a serious extent that work in general, production, business operation,
teaching or scientific research cannot go on and heavy losses are
caused, the ringleaders shall be sentenced to fixed-term imprisonment of
not less than three years but not more than seven years; the active
participants shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention, public surveillance or deprivation
of political rights.
Where people are gathered to assault a State organ, making it impossible
for the State organ to conduct its work and causing heavy losses, the
ringleaders shall be sentenced to fixed-term imprisonment of not less
than five years but not more than 10 years; the active participants
shall be sentenced to fixed-term imprisonment of not more than five
years, criminal detention, public surveillance or deprivation of
political rights.
Article 291 Where people are gathered to disturb order at railway
stations or bus terminals, wharves, civil airports, marketplaces, parks,
theaters, cinemas, exhibition halls, sports grounds or other public
places, or to block traffic or undermine traffic order, or resist or
obstruct public security administrators of the State from carrying out
their duties according to law, if the circumstances are serious, the
ringleaders shall be sentenced to fixed-term imprisonment of not more
than five years, criminal detention or public surveillance.
Article 292 Where people are gathered to engage in affrays, the
ringleaders and the active participants shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance; the ringleaders and the active participants who fall
under any of the following categories, shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
10 years:
(1) gathering people to engage in affrays repeatedly;
(2) the number of people gathered to engage in affrays is large and so
is the scale, thus bringing about a bad effect on society;
(3) gathering people to engage in affrays in public places or on vital
traffic lines and causing serious public disorder; or
(4) gathering people to engage in affrays with weapons.
Where people are gathered to engage in affrays, thus causing serious
injury or death to a person, he shall be convicted and punished in
accordance with the provisions of Article 234 or 232 of this Law.
Article 293 Whoever commits any of the following acts of creating
disturbances, thus disrupting public order, shall be sentenced to fixed-
term imprisonment of not more than five years, criminal detention or
public surveillance:
(1) beating another person at will and to a flagrant extent;
(2) chasing, intercepting or hurling insults to another person to a
flagrant extent;
(3) forcibly taking or demanding, willfully damaging, destroying or
occupying public or private money or property to a serious extent; or
(4) creating disturbances in a public place, thus causing serious
disorder in such place.
Article 294 Whoever forms, leads or takes an active part in
organizations in the nature of criminal syndicate to commit organized
illegal or criminal acts through violence, threat or other means, such
as lording it over the people in an area, perpetrating outrages,
riding roughshod over or cruelly injuring or killing people, thus
seriously disrupting economic order and people's daily activities, shall
be sentenced to fixed-term imprisonment of not less than three years
but not more than 10 years; other participants shall be sentenced to
fixed- term imprisonment of not more than three years, criminal
detention, public surveillance or deprivation of political rights.
Members of Mafia abroad who recruit members within the territory of
the People's Republic of China shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years.
Whoever, in addition to the offenses mentioned in the preceding two
paragraphs, commits any other offences shall be punished in accordance
with the provisions on combined punishment for several crimes.
Any functionary of a State organ who harbors an organization in the
nature of criminal syndicate or connives at such organization to conduct
illegal or criminal acts shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or
deprivation of political rights; if the circumstances are serious, he
shall be sentenced to fixed-term imprisonment of not less than three
years but not more than 10 years.
Article 295 Whoever teaches another person how to commit a crime shall
be sentenced to fixed-term imprisonment of not more than five years,
criminal detention or public surveillance; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less
than five years; if the circumstances are especially serious, he shall
be sentenced to life imprisonment or death.
Article 296 Where an assembly, a procession or a demonstration is held
with no application made in accordance with the provisions of law or
no permission granted for the application or where it is held not in
accordance with the time for start and stop, venue and routes
permitted by the competent authorities, and the order of dismission is
disobeyed and public order seriously disrupted, the persons who are in
charge and the persons who are directly responsible for the assembly,
procession or demonstration shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention, public
surveillance or deprivation of political rights.
Article 297 Whoever, in violation of the provisions of law, participates
in an assembly, a procession or a demonstration with weapons,
controlled cutting tools or explosives shall be sentenced to
fixed-term imprisonment of not more than three years, criminal
detention, public surveillance or deprivation of political rights.
Article 298 Whoever disturbs, breaks into or disrupts by any other means
an assembly, a procession or a demonstration held in compliance with
law, thus causing public disorder, shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention, public
surveillance or deprivation of political rights.
Article 299 Whoever desecrates the National Flag or the National
Emblem of the People's Republic of China by intentionally burning,
mutilating, scrawling on, defiling or trampling upon it in a public
place shall be sentenced to fixed-term imprisonment of not more than
three years, criminal detention, public surveillance or deprivation of
political rights.
Article 300 Whoever forms or uses superstitious sects or secret
societies or weird religious organizations or uses superstition to
undermine the implementation of the laws and administrative rules and
regulations of the State shall be sentenced to fixed-term imprisonment
of not less than three years but not more than seven years; if the
circumstances are especially serious, he shall be sentenced to fixed-
term imprisonment of not less than seven years.
Whoever forms or uses superstitious sects or secret societies or weird
religious organizations or uses superstition to cheat another person,
and causes death to the person shall be punished in accordance with
the provisions of the preceding paragraph.
Whoever forms or uses superstitious sects or secret societies or weird
religious organizations or uses superstition to rape a woman or
swindle money or property shall be convicted and punished in
accordance with the provisions of Articles 236 and Article 266 of this
Law respectively.
Article 301 Where people are gathered to engage in licentious
activities, the ringleaders and the persons who repeatedly take part
in such activities shall be sentenced to fixed-term imprisonment of
not more than five years, criminal detention or public surveillance.
Whoever entices a minor to join people in licentious activities shall be
given a heavier punishment in accordance with the provisions of the
preceding paragraph.
Article 302 Whoever steals or insults a corpse shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention
or public surveillance.
Article 303 Whoever, for the purpose of profit, gathers people to engage
in gambling, runs a gambling house or makes gambling his profession
shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance and shall also be
fined.
Article 304 Any postal worker who, grossly neglecting his duty,
intentionally delays the delivery of mail, thus causing grave losses
to public money or property or to the interests of the State or the
people, shall be sentenced to fixed-term imprisonment of not more than
two years or criminal detention.
SECTION 2 CRIMES OF IMPAIRING JUDICIAL ADMINISTRATION
Article 305 If, in criminal proceedings, a witness, expert witness,
recorder or interpreter intentionally gives false testimony or makes a
false expert evaluation, record or translation concerning the
circumstances that have an important bearing on a case, in order to
frame another person or conceal criminal evidence, he shall be sentenced
to fixed-term imprisonment of not more than three years or criminal
detention; if the circumstances are serious, he shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
seven years.
Article 306 If, in criminal proceedings, a defender or agent ad litem
destroys or forges evidence, helps any of the parties destroy or forge
evidence, or coerces the witness or entices him into changing his
testimony in defiance of the facts or give false testimony, he shall
be sentenced to fixed-term imprisonment of not more than three years
or criminal detention; if the circumstances are serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than seven years.
Where a witness's testimony or other evidence provided, shown or
quoted by a defender or agent ad litem is inconsistent with the facts
but is not forged intentionally, it shall not be regarded as forgery
of evidence.
Article 307 Whoever, by violence, threat, bribery or any other means,
obstructs a witness from giving testimony or instigates another person
to give false testimony shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention; if the circumstances
are serious, he shall be sentenced to fixed-term imprisonment of not
less than three years but not more than seven years.
Whoever helps any of the parties destroy or forge evidence, if the
circumstances are serious, shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention.
Any judicial officer who commits any of the crimes mentioned in the
preceding two paragraphs shall be given a heavier punishment.
Article 308 Whoever retaliates against a witness shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention; if the circumstances are serious, he shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
seven years.
Article 309 Whoever gathers people to stir up trouble in a court or
assault the court or beats a judicial officer, thus seriously disrupting
the order of the court, shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention, or public surveillance
or be fined.
Article 310 Whoever knowingly provides a hiding place, money or property
to a criminal, or helps the criminal escape or gives false testimony to
protect the criminal shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance; if
the circumstances are serious, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years.
Conspirators to a crime mentioned in the preceding paragraph shall be
regarded as joint offenders and punished as such.
Article 311 Whoever, while clearly knowing that another person has
committed the crime of espionage, refuses to provide relevant
particulars or relevant evidence when an officer from a State security
organ asks him to do so, if the circumstances are serious, shall be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance.
Article 312 Whoever knowingly conceals, transfers, purchases or helps to
sell illegally acquired goods shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or
public surveillance and shall also, or shall only, be fined.
Article 313 Whoever has the ability to execute the judgment or order
made by a People's Court but refuses to do so, if the circumstances
are serious, shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or be fined.
Article 314 Whoever conceals, transfers, sells or intentionally destroys
or damages the property sealed up, distrained or frozen by judicial
organs, if the circumstances are serious, shall be sentenced to fixed-
term imprisonment of not more than three years, criminal detention or be
fined.
Article 315 Any criminal who is held in custody according to law commits
any of the following acts, thus undermining the order of prison
administration, if the circumstances are serious, shall be sentenced
to fixed-term imprisonment of not more than three years:
(1) beating a prison policeman or any other officer;
(2) organizing another person held in custody to under-mine the order of
prison administration;
(3) gathering persons held in custody to stir up trouble, thus
disrupting the normal order of prison administration; or
(4) beating or subjecting another person held in custody to corporal
punishment or instigating another person to do so.
Article 316 Any criminal, defendant or criminal suspect who escapes
after being held in custody according to law shall be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention.
Whoever rescues the criminal, defendant or criminal suspect under escort
shall be sentenced to fixed-term imprisonment of not less than three
years but not more than seven years; if the circumstances are serious,
he shall be sentenced to fixed-term imprisonment of not less than
seven years.
Article 317 Ringleaders who organize a jailbreak and the active
participants shall be sentenced to fixed-term imprisonment of not less
than five years; other participants shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention.
Ringleaders who instigate a riot to escape from prison or gather
people to raid a prison with weapons and the active participants shall
be sentenced to fixed-term imprisonment of not less than 10 years or
life imprisonment; if the circumstances are especially serious, they
shall be sentenced to death; other participants shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
10 years.
SECTION 3 CRIMES AGAINST CONTROL OF NATIONAL BORDER (FRONTIER)
Article 318 Whoever makes arrangements for another person to illegally
cross the national border (frontier) shall be sentenced to fixed-term
imprisonment of not less than two years but not more than seven years
and shall also be fined; if he falls under any of the following
categories, he shall be sentenced to fixed-term imprisonment of not less
than seven years or life imprisonment, and shall also be fined or be
sentenced to confiscation of property:
(1) being a ringleader of a group that makes arrangements for other
persons to illegally cross the national border (frontier);
(2) repeatedly making arrangements for other persons to illegally
cross the national border (frontier), or making arrangements for a large
number of persons to do so;
(3) causing serious injury or death to the persons for whom he makes
arrangements to illegally cross the national border (frontier);
(4) depriving or restricting personal freedom of the persons for whom he
makes arrangements to illegally cross the national border (frontier);
(5) resisting inspection by means of violence or threat;
(6) the sum of illegal earnings being huge; or
(7) other especially serious circumstances being involved.
Whoever, in addition to the crime mentioned in the preceding paragraph,
kills, injures, rapes, or abducts and sells the persons for whom he
makes arrangements to illegally cross the national border (frontier)
or commits other criminal acts against them or kills, injures or commits
other criminal acts against the inspectors shall be punished in
accordance with the provisions on combined punishment for several
crimes.
Article 319 Whoever, in the name of export of labour service, economic
exchange, trade, etc., practises fraud to obtain the passport, visa or
other exit certificates for the purpose of helping other persons to
illegally cross the national border (frontier) shall be sentenced to
fixed-term imprisonment of not more than three years and shall also be
fined; if the circumstances are serious, he shall be sentenced to fixed-
term imprisonment of not less than three years but not more than 10
years and shall also be fined.
Where a unit commits the crime mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the offence shall be
punished in accordance with the provisions of the preceding paragraph.
Article 320 Whoever provides another person with a counterfeit or
altered passport, visa or other exit and entry certificates or sells
passports, visa or other exit and entry certificates shall be
sentenced to fixed-term imprisonment of not more than five years and
shall also be fined; if the circumstances are serious, he shall be
sentenced to fixed- term imprisonment of not less than five years and
shall also be fined.
Article 321 Whoever transports another person to illegally cross the
national border (frontier) shall be sentenced to fixed-term imprisonment
of not more than five years, criminal detention or public
surveillance and shall also be fined; if he falls under any of the
following categories, he shall be sentenced to fixed-term imprisonment
of not less than five years but not more than 10 years and shall also be
fined:
(1) repeatedly transporting persons to illegally cross the national
border (frontier), or transporting a large number of persons;
(2) the vessels, vehicles or other means of transportation employed
not meeting the necessary safety conditions to such an extent that it
would cause serious consequences;
(3) the sum of illegal earnings being huge; or
(4) other especially serious circumstances being involved.
Whoever in transporting other persons to illegally cross the national
border (frontier) causes serious injury or death to the persons being
transported or resists inspection by means of violence or threat shall
be sentenced to fixed-term imprisonment of not less than seven years and
shall also be fined.
Whoever, in addition to any of the crimes mentioned in the preceding two
paragraphs, kills, injures, rapes, or abducts and sells the persons
being transported or commits other criminal acts against them or kills,
injures or commits other criminal acts against the inspectors shall
be punished in accordance with the provisions on combined punishment for
several crimes.
Article 322 Whoever, in violation of the laws or regulations on
administration of the national border (frontier), illegally crosses
the national border (frontier), if the circumstances are serious,
shall be sentenced to fixed-term imprisonment of not more than one year,
criminal detention or public surveillance and shall also be fined.
Article 323 Whoever intentionally damages the boundary tablets, boundary
markers or permanent survey indicators along the national border
shall be sentenced to fixed-term imprisonment of not more than three
years or criminal detention.
SECTION 4 CRIMES AGAINST CONTROL OF CULTURAL RELICS
Article 324 Whoever intentionally damages or destroys valuable
cultural relics under State protection or the major sites designated
to be protected at the national or provincial level for their historical
and cultural value shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention and shall also, or shall
only, be fined; if the circumstances are serious, he shall be
sentenced to fixed- term imprisonment of not less than three years but
not more than 10 years and shall also be fined.
Whoever intentionally damages or destroys places of historical and
cultural interest under State protection, if the circumstances are
serious, shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention and shall also, or shall only,
be fined.
Whoever negligently damages or destroys valuable cultural relics under
State protection or the major sites designated to be protected at the
national or provincial level for their historical and cultural value, if
the consequences are serious, shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention.
Article 325 Whoever, in violation of the laws or regulations on
protection of cultural relics, sells or presents as a gift to a
foreigner without authorization any valuable cultural relic in his
collection, the export of which is prohibited by the State, shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention and may also be fined.
Where a unit commits the crime mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the offence shall be
punished in accordance with the provisions of the preceding paragraph.
Article 326 Whoever, for the purpose of profit, resells the cultural
relics, the sale of which is prohibited by the State, if the
circumstances are serious, shall be sentenced to fixed-term imprisonment
of not more than five years or criminal detention, and shall also be
fined; if the circumstances are especially serious, he shall be
sentenced to fixed-term imprisonment of not less than five years but not
more than 10 years and shall also be fined.
Where a unit commits the crime mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the offence shall be
punished in accordance with the provisions of the preceding paragraph.
Article 327 Where a State-owned museum, library or other institution
sells or presents as gifts without permission any cultural relics in its
collection, which is under State protection, to any non-State-owned
institution or individual, it shall be fined, and the persons who are
directly in charge and the other persons who are directly responsible
for the offence shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention.
Article 328 Whoever excavates and robs a site of ancient culture or
ancient tomb of historical, artistic or scientific value shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years and shall also be fined; if the circumstances are
relatively minor, he shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance and
shall also be fined; if he falls under any of the following categories,
he shall be sentenced to fixed-term imprisonment of not less than 10
years, or life imprisonment or death and shall also be fined or be
Where a unit commits the crime mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the offence shall be
punished in accordance with the provisions of the preceding paragraph.
Article 327 Where a State-owned museum, library or other institution
sells or presents as gifts without permission any cultural relics in its
collection, which is under State protection, to any non-State-owned
institution or individual, it shall be fined, and the persons who are
directly in charge and the other persons who are directly responsible
for the offence shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention.
Article 328 Whoever excavates and robs a site of ancient culture or
ancient tomb of historical, artistic or scientific value shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years and shall also be fined; if the circumstances are
relatively minor, he shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance and
shall also be fined; if he falls under any of the following categories,
he shall be sentenced to fixed-term imprisonment of not less than 10
years, or life imprisonment or death and shall also be fined or be
sentenced to confiscation of property:
(1) excavating and robbing a site of ancient culture or ancient tomb
which is designated as a major site to be protected at the national or
provincial level for their historical and cultural value;
(2) being a ringleader of a gang engaged in excavating and robbing sites
of ancient culture or ancient tombs;
(3) repeatedly excavating and robbing sites of ancient culture or
ancient tombs; or
(4) excavating a site of ancient culture or ancient tomb and robbing
valuable cultural relics therein, or causing serious damage to such
relics.
Whoever excavates and robs fossils of paleoanthropoids or
paleovertebrates of scientific value which is under State protection
shall be punished in accordance with the provisions of the preceding
paragraph.
Article 329 Whoever forcibly seizes or steals archives owned by the
State shall be sentenced to fixed-term imprisonment of not more than
five years or criminal detention.
Whoever, in violation of the provisions of the Archives Law, sells or
transfers without authorization State-owned archives, if the
circumstances are serious, shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention.
Whoever commits any of the acts mentioned in the preceding two
paragraphs, which concurrently constitutes another crime provided in
this Law, shall be convicted and punished in accordance with the
provisions on heavier punishment for such crime.
SECTION 5 CRIMES OF IMPAIRING PUBLIC HEALTH
Article 330 Whoever, in violation of the provisions of the Law on
Prevention and Treatment of Infectious Diseases, commits any of the
following acts and thus causes the spread or a grave danger of the
spread of an A Class infectious disease shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention; if the
consequences are especially serious, he shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
seven years:
(1) failure on the part of a water supply unit to supply drinking
water in conformity with the hygienic standards set by the State;
(2) refusal to give disinfection treatment, according to the sanitary
requirements raised by the heath and anti-epidemic agencies, to sewage,
wastes or feces contaminated with the pathogen of infectious diseases;
(3) approving or conniving at the employment of patients of infectious
diseases, pathogen carriers or suspected patients of infectious diseases
at jobs, which they are prohibited from taking by the health
administration department under the State Council because of the
likelihood of causing the spread of infectious diseases; or
(4) refusal to execute the preventive and control measures proposed by
the health and anti-epidemic agencies according to the Law on Prevention
and Treatment of Infectious Diseases.
Where a unit commits the crime mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the offence shall be
punished in accordance with the provisions of the preceding paragraph.
The scope of A Class infectious diseases shall be determined in
accordance with the Law of the People's Republic of China on the
Prevention and Treatment of Infectious Diseases and relevant regulations
of the State Council.
Article 331 Any person engaged in the experimentation, storage, carrying
or transportation of bacterial strains and virus strains of
infectious diseases who, in violation of the relevant provisions of
the health administration department under the State Council, causes the
spread of the bacterial strains and virus strains of infectious
diseases, if the consequences are serious, shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention; if the consequences are especially serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than seven years.
Article 332 Whoever, in violation of the provisions on frontier health
and quarantine, causes the spread or a grave danger of the spread of a
quarantinable infectious disease shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention and
shall also, or shall only, be fined.
Where a unit commits the crime mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the offence shall be
punished in accordance with the provisions of the preceding paragraph.
Article 333 Whoever illegally arranges for another person to sell
blood shall be sentenced to fixed-term imprisonment of not more than
five years and shall also be fined; whoever compels another person to
sell blood by violence or threat shall be sentenced to fixed-term
imprisonment of not less than five years but not more than 10 years
and shall also be fined.
Whoever commits an act mentioned in the preceding paragraph, thus
causing injury to another person, shall be convicted and punished in
accordance with the provisions of Article 234 of this Law.
Article 334 Whoever unlawfully collects or supplies blood or makes or
supplies blood products which do not meet the standards prescribed by
the State to such an extent as to harm human health shall be sentenced
to fixed-term imprisonment of not more than five years or criminal
detention and shall also be fined; if serious harm has been caused to
human health, he shall be sentenced to fixed-term imprisonment of not
less than five years but not more than 10 years and shall also be fined;
if the consequences are especially serious, he shall be sentenced to
fixed-term imprisonment of not less than 10 years or life imprisonment
and shall also be fined or be sentenced to confiscation of property.
Where a department that is approved by the competent department of the
State for collecting or supplying blood or making or supplying blood
products does not carry out testing as required or violates other
operating procedure, thus harming another person's health, it shall be
fined, and the persons who are directly in charge and the other
persons who are directly responsible for the offence shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention.
Article 335 Any medical worker who, grossly neglecting his duty,
causes death or severe harm to the health of the person seeking
medical service shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention.
fined.
Article 337 Whoever, in violation of the provisions of the Law on the
Entry and Exit Animal and Plant Quarantine, evades animal and plant
quarantine and thereby causes a serious animal or plant epidemic shall
be sentenced to fixed-term imprisonment of not more than three years
or criminal detention and shall also, or shall only, be fined.
Where a unit commits the crime mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the offence shall be
punished in accordance with the provisions of the preceding paragraph.
SECTION 6 CRIMES OF IMPAIRING THE PROTECTION OF ENVIRONMENT AND
Article 338 Whoever, in violation of the regulations of the State,
discharges, dumps or treats radioactive waste, waste containing pathogen
of infectious diseases, toxic substances or other hazardous waste on
the land or in the water bodies or the atmosphere, thus causing a
major environmental pollution accident which leads to the serious
consequences of heavy losses of public or private property or human
casualties, shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention and shall also, or shall only, be
fined; if the consequences are especially serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than seven years and shall also be fined.
Article 339 Whoever, in violation of the regulations of the State, has
solid waste from abroad dumped, piled up, or treated within the
territory of China shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention and shall also be fined;
if a major environmental pollution accident is caused, which leads to
heavy losses of public or private property or serious harm to human
health, he shall be sentenced to fixed-term imprisonment of not less
than five years but not more than 10 years and shall also be fined; if
the consequences are especially serious, he shall be sentenced to
fixed-term imprisonment of not less than 10 years and shall also be
fined.
Whoever, without permission of the competent administration department
under the State Council, imports solid waste as raw material, thus
causing a major environmental pollution accident, which leads to heavy
losses of public or private property or serious harm to human health,
shall be sentenced to fixed-term imprisonment of not more than five
years or criminal detention and shall also be fined; if the consequences
are especially serious, he shall be sentenced to fixed-term
imprisonment of not less than five years but not more than 10 years
and shall also be fined.
Whoever, under the pretext of using it as raw material, imports solid
waste that cannot be used as such shall be convicted and punished in
accordance with the provisions of Article 155 of this Law.
Article 340 Whoever, in violation of the law or regulations on
protection of aquatic resources, catches aquatic products in an area
or during a season closed to fishing, or uses prohibited fishing gear or
methods for the purpose, if the circumstances are serious, shall be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance or be fined.
Article 341 Whoever illegally catches or kills precious and endangered
species of wildlife under special State protection or illegally
purchases, transports or sells such species of wildlife as well as the
products thereof shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention and shall also be fined; if
the circumstances are serious, he shall be sentenced to fixed-term
imprisonment of not less than five years but not more than 10 years
and shall also be fined; if the circumstances are especially serious, he
shall be sentenced to fixed-term imprisonment of not less than 10 years
and shall also be fined or be sentenced to confiscation of property.
Whoever, in violation of the law or regulations on hunting, hunts
wildlife in an area or during a season closed to hunting or uses
prohibited hunting gear or methods for the purpose, thus damaging
wildlife resources, if the circumstances are serious, shall be sentenced
to fixed-term imprisonment of not more than three years, criminal
detention, or public surveillance or be fined.
Article 342 Whoever, in violation of the law or regulations on land
administration, unlawfully occupies cultivated land and uses it for
other purposes, if the area involved is relatively large and a large
area of such land is damaged, shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention and shall
also, or shall only, be fined.
Article 343 Whoever, in violation of the provisions of the Mineral
Resources Law, mines without a mining license, enters and mines in a
mining area that is embraced in State plans or a mining area that is
of great value to the national economy or another person's mining area,
or mines specified minerals of which protective mining is prescribed by
the State, if he refuses to stop mining after being ordered to do so,
thus damaging the mineral resources, shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or
public surveillance and shall also, or shall only, be fined; if severe
damage is caused to mineral resources, he shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
seven years and shall also be fined.
Whoever, in violation of the provisions of the Mineral Resources Law,
mines mineral resources in a destructive way, thus causing severe damage
to mineral resources, shall be sentenced to fixed-term imprisonment
of not more than five years or criminal detention and shall also be
fined.
Article 344 Whoever, in violation of the provisions of the Forestry Law,
illegally fells or destroys precious trees shall be sentenced to fixed-
term imprisonment of not more than three years, criminal detention or
public surveillance and shall also be fined; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less
than three years but not more than seven years and shall also be fined.
Article 345 Whoever stealthily fells trees, bamboo, etc. in forest or
woods, if the amount involved is relatively large, shall be sentenced to
fixed-term imprisonment of not more than three years, criminal
detention or public surveillance and shall also, or shall only, be
fined; if the amount involved is huge, he shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
seven years and shall also be fined; if the amount involved is
especially huge, he shall be sentenced to fixed-term imprisonment of not
less than seven years and shall also be fined;
Whoever, in violation of the provisions of the Forestry Law, arbitrarily
fells trees, bamboo, etc. in forest or woods, if the amount involved is
relatively large, shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance and
shall also, or shall only, be fined; if the amount involved is huge, he
shall be sentenced to fixed-term imprisonment of not less than three
years but not more than seven years and shall also be fined.
Whoever, for the purpose of profit, illegally purchases in a forest area
trees, bamboo, etc., which he knows are felled stealthily or
arbitrarily, if the circumstances are serious, shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention
or public surveillance and shall also, or shall only, be fined; if
the circumstances are especially serious, he shall be sentenced to
fixed- term imprisonment of not less than three years but not more
than seven years and shall also be fined.
Whoever stealthily or arbitrarily fells trees, bamboo, etc. in forest or
woods, of nature reserves at the national level shall be given a
heavier punishment.
Article 346 Where a unit commits any of the crimes mentioned in the
Articles from 338 through 345 of this Section, it shall be fined, and
the persons who are directly in charge and the other persons who are
directly responsible for the offence shall be punished in accordance
with the provisions of the Articles of this Section respectively.
SECTION 7 CRIMES OF SMUGGLING, TRAFFICKING IN, TRANSPORTING AND
Article 347 Whoever smuggles, traffics in, transports or manufactures
narcotic drugs, regardless of the quantity involved, shall be
investigated for criminal responsibility and given criminal punishment.
Whoever smuggles, traffics in, transports or manufactures narcotic drugs
and falls under any of the following categories, shall be sentenced
to fixed-term imprisonment of 15 years, life imprisonment or death and
also to confiscation of property:
(1) persons who smuggle, traffic in, transport or manufacture opium of
not less than 1,000 grams, heroin or methylaniline of not less than 50
grams or other narcotic drugs of large quantities;
(2) ringleaders of gangs engaged in smuggling, trafficking in,
transporting or manufacturing narcotic drugs;
(3) persons who shield with arms the smuggling, trafficking in,
transporting or manufacturing of narcotic drugs;
(4) persons who violently resist inspection, detention or arrest to a
serious extent; or
(5) persons involved in organized international drug trafficking.
Whoever smuggles, traffics in, transports or manufactures opium of not
less than 200 grams but less than 1,000 grams, or heroin or
methylaniline of not less than 10 grams but less than 50 grams or any
other narcotic drugs of relatively large quantities shall be sentenced
to fixed-term imprisonment of not less than seven years and shall also
be fined.
Whoever smuggles, traffics in, transports or manufactures opium of
less than 200 grams, or heroin or methylaniline of less than 10 grams or
any other narcotic drugs of small quantities shall be sentenced to
fixed- term imprisonment of not more than three years, criminal
detention or public surveillance and shall also be fined; if the
circumstances are serious, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than seven
years and shall also be fined.
Where a unit commits any crime mentioned in the preceding three
paragraphs, it shall be fined, and the persons who are directly in
charge and the other persons who are directly responsible for the
offence shall be punished in accordance with the provisions of the
preceding three paragraphs respectively.
Whoever makes use of minors or aids and abets them to smuggle, traffic
in, transport or manufacture narcotic drugs or sells narcotic drugs to
minors shall be given a heavier punishment.
With respect to persons who have repeatedly smuggled, trafficked in,
transported or manufactured narcotic drugs and have not been dealt with,
the quantity of narcotic drugs thus involved shall be computed
cumulatively.
Article 348 Whoever illegally possesses opium of not less than 1,000
grams, or heroin or methylaniline of not less than 50 grams, or any
other narcotic drugs of large quantities shall be sentenced to fixed-
term imprisonment of not less than seven years or life imprisonment
and shall also be fined; whoever illegally possesses opium of not less
than 200 grams but less than 1,000 grams, or heroin or methylaniline
of not less than 10 grams but less than 50 grams or any other narcotic
drugs of relatively large quantities shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or
public surveillance and shall also be fined; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less
than three years but not more than seven years and shall also be fined.
Article 349 Whoever shields offenders engaged in smuggling,
trafficking in, transporting or manufacturing of narcotic drugs or
whoever harbors, transfers or covers up, for such offenders, narcotic
drugs or their pecuniary and other gains from such criminal activities
shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance; if the circumstances
are serious, he shall be sentenced to fixed-term imprisonment of not
less than three years but not more than 10 years.
Anti-drug officers or functionaries of a State organ who shield or cover
up offenders engaged in smuggling, trafficking in, transporting or
manufacturing of narcotic drugs shall be given a heavier punishment in
accordance with the provisions of the preceding paragraph.
Conspirators to the crimes mentioned in the preceding two paragraphs
shall be regarded as joint offenders in the crime of smuggling,
trafficking in, transporting or manufacturing of narcotic drugs and
punished as such.
Article 350 Whoever, in violation of the regulations of the State,
illegally transports or carries into or out of the territory of China
acetic anhydride, ether, chloroform or any other raw material or
elixir used in the manufacture of narcotic drugs or, in violation of the
regulations of the State, illegally buys or sells the substances
mentioned above shall be sentenced to fixed-term imprisonment of not
more than three years, criminal detention or public surveillance and
shall also be fined; if the amount involved is large, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years and shall also be fined.
Whoever provides another person with the substances mentioned in the
preceding paragraph, while clearly knowing that the person
manufactures narcotic drugs, shall be regarded as a joint offender in
the crime of manufacturing narcotic drugs and punished as such.
Where a unit commits any crime mentioned in the preceding two
paragraphs, it shall be fined, and the persons who are directly in
charge and the other persons who are directly responsible for the
offence shall be punished in accordance with the provisions of the
preceding two paragraphs.
Article 351 Whoever illegally cultivates mother plants of narcotic
drugs, such as opium poppy and marijuana, shall be forced to uproot
them. Whoever falls under any of the following categories shall be
sentenced to fixed-term imprisonment of not more than five years,
criminal detention or public surveillance and shall also be fined:
(1) cultivating opium poppy of not less than 500 plants but less than
3,000 plants or any mother plants of other narcotic drugs in
relatively large quantities;
(2) cultivating any mother plants of narcotic drugs again after being
dealth with by the public security organ; or
(3) resisting the uprooting of such mother plants.
Whoever illegally cultivates opium poppy of not less than 3,000 plants
or any mother plants of other narcotic drugs in large quantities shall
be sentenced to fixed-term imprisonment of not less than five years
and shall also be fined or be sentenced to confiscation of property.
Persons who illegally cultivate opium poppy or any mother plants of
other narcotic drugs but voluntarily uproot them before harvest may be
exempted from punishment.
Article 352 Whoever illegally buys or sells, transports, carries or
possesses a relatively large quantity of the seeds or seedlings of
mother plants of narcotic drugs, such as opium poppy, which have not
been inactivated, shall be sentenced to fixed-term imprisonment of not
more than three years, criminal detention or public surveillance and
shall also, or shall only, be fined.
Article 353 Whoever lures, aids and abets, or cheats another person into
drug ingestion or injection shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or
public surveillance and shall also be fined; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less
than three years but not more than seven years and shall also be fined.
Whoever forces another person to ingest or inject narcotic drugs shall
be sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years and shall also be fined.
Whoever lures, aids and abets or cheats a minor into drug ingestion or
injection or forces a minor to ingest or inject narcotic drugs shall
be given a heavier punishment.
Article 354 Whoever provides shelter for another person to ingest or
inject narcotic drugs shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance and
shall also be fined.
Article 355 Persons allowed by law to engage in manufacture,
transportation, administration or utilization of State-controlled
narcotic and psychotropic substances who, in violation of the
regulations of the State, provide narcotic and psychotropic substances
that can make people addicted to their use and are controlled under
State regulations to persons who ingest or inject narcotic drugs shall
be sentenced to fixed-term imprisonment of not more than three years
or criminal detention and shall also be fined; if the circumstances
are serious, he shall be sentenced to fixed-term imprisonment of not
less than three years but not more than seven years and shall also be
fined. If they provide offenders engaged in drug smuggling or
trafficking with State-controlled narcotic and psychotropic substances
that can make people addicted to their use and are controlled under
State regulations, for the purpose of profit, provide narcotic and
psychotropic substances to persons who ingest or inject narcotic drugs
shall be convicted and punished in accordance with the provisions of
Article 347 of this Law.
Where a unit commits the crime mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the offence shall be
punished in accordance with the provisions of the preceding paragraph.
Article 356 Any person who was punished for the crime of smuggling,
trafficking in, transporting, manufacturing or illegally possessing
narcotic drugs commits again any of the crimes mentioned in this Section
shall be given a heavier punishment.
Article 357 The term "narcotic drugs" as used in this Law means opium,
heroin, methylaniline (ice), morphine, marijuana, cocaine and other
narcotic and psychotropic substances that can make people addicted to
their use and are controlled under State regulations.
The quantity of narcotic drugs smuggled, trafficked in, transported,
manufactured or illegally possessed shall be calculated on the basis
of the verified amount and shall not be converted according to its
purity.
SECTION 8 CRIMES OF ORGANIZING, FORCING, LURING, SHELTERING OR PROCURING
OTHER PERSONS TO ENGAGE IN PROSTITUTION
Article 358 Whoever arranges for or forces another person to engage in
prostitution shall be sentenced to fixed-term imprisonment of not less
than five years but not more than 10 years and shall also be fined;
whoever falls under any of the following categories shall be sentenced
to fixed-term imprisonment of not less than 10 years or life
imprisonment and shall also be fined or be sentenced to confiscation
of property:
(1) making arrangements for another person to engage in prostitution and
the circumstances being serious;
(2) forcing a girl under the age of 14 to engage in prostitution;
(3) forcing a number of persons to engage in prostitution or
repeatedly forcing another person to engage in prostitution;
(4) forcing the victim to engage in prostitution after raping her; or
(5) causing serious injury, death or other serious consequences to the
person who is forced to engage in prostitution.
Whoever falls under any of the categories mentioned in the preceding
paragraph, if the circumstances are especially serious, shall be
sentenced to life imprisonment or death and shall also be sentenced to
confiscation of property.
Whoever assists in arranging for another person to engage in
prostitution shall be sentenced to fixed-term imprisonment of not more
than five years and shall also be fined; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less
than five years but not more than 10 years and shall also be fined.
Article 359 Whoever lures other persons into or shelters prostitution or
procures other persons to engage in prostitution shall be sentenced
to fixed-term imprisonment of not more than five years, criminal
detention or public surveillance and shall also be fined; if the
circumstances are serious, he shall be sentenced to fixed-term
imprisonment of not less than five years and shall also be fined.
Whoever lures a girl under the age of 14 to engage in prostitution shall
be sentenced to fixed-term imprisonment of not less than five years and
shall also be fined.
Article 360 Any person who knows clearly that he or she is suffering
from serious venereal diseases such as syphilis and gonorrhea goes
whoring or engages in prostitution shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention or public
surveillance and shall also be fined.
Whoever whores with a girl under the age of 14 shall be sentenced to
fixed-term imprisonment of not less than five years and shall also be
fined.
Article 361 Any employee of a unit in the trade of hotels, in the
catering or entertainment services, or in the taxi services who, by
taking advantage of his or her work unit, arranges for, forces or
lures another person to engage in prostitution or provides shelter for
prostitution or procures other persons to engage in prostitution,
shall be convicted and punished in accordance with the provisions of
Articles 358 and 359 of this Law.
If the chief leading member of any of the units listed above commits the
crime mentioned in the preceding paragraph, he or she shall be given
a heavier punishment.
Article 362 Where an employee of a unit in the trade of hotels, in the
catering or entertainment services, or in the taxi services, informs
law-breakers of a public security organ's plan to ferret out or deal
with activities of prostitution or whoring, if the circumstances are
serious, he shall be convicted and punished in accordance with the
provisions of Article 310 of this Law.
SECTION 9 CRIMES OF PRODUCING, SELLING, DISSEMINATING PORNOGRAPHIC
Article 363 Whoever, for the purpose of profit, produces, duplicates,
publishes, sells or disseminates pornographic materials shall be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance and shall also be fined; if
the circumstances are serious, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years and
shall also be fined; if the circumstances are especially serious, he
shall be sentenced to fixed-term imprisonment of not less than 10
years or life imprisonment, and shall also be fined or be sentenced to
confiscation of property.
Whoever provides book numbers for another person to publish pornographic
books or periodicals shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance and
shall also, or shall only, be fined; whoever knowingly provides books
numbers to another person who will use them for publishing
pornographic books or periodicals shall be punished in accordance with
the provisions of the preceding paragraph.
Article 364 Whoever disseminates pornographic materials including books,
periodicals, movies, video-audio tapes and pictures, if the
circumstances are serious, shall be sentenced to fixed-term imprisonment
of not more than two years, criminal detention or public surveillance.
Whoever arranges for shows of pornographic audio-video products
including movies and video-tapes shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or
public surveillance and shall also be fined; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less
than three years but not more than 10 years and shall also be fined.
Whoever produces or duplicates pornographic audio-video products
including movies and video-tapes and arranges for their show shall be
given a heavier punishment in accordance with the provisions of the
second paragraph of this Article.
Whoever disseminates pornographic materials to a minor under the age
of 18 shall be given a heavier punishment.
Article 365 Whoever arranges for pornographic performances shall be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance and shall also be fined; if
the circumstances are serious, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years and
shall also be fined.
Article 366 Where a unit commits any of the crimes mentioned in Articles
363, 364 and 365 of this Section, it shall be fined, and the persons
who are directly in charge and the other persons who are directly
responsible for the offence shall be punished in accordance with the
provisions of the Articles respectively.
Article 367 For the purpose of this Law, pornographic materials refer to
obscene books, periodicals, movies, video-and audio-tapes, pictures,
etc. that explicitly portray sexual behavior or undisguisedly
publicize pornographic materials.
Scientific works on human physiology or medical knowledge are not
pornographic materials.
Literary and art works of artistic value which contain erotic contents
shall not be regarded as pornographic materials.
CHAPTER VII CRIMES OF IMPAIRING THE INTERESTS OF NATIONAL DEFENCE
Article 368 Whoever by violence or threat obstructs a serviceman from
performing his duties according to law shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention
or public surveillance or be fined.
Whoever intentionally obstructs military operations of armed forces,
if the consequences are serious, shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention.
Article 369 Whoever sabotages weapons or equipment, military
installations or military telecommunications shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention
or public surveillance; whoever sabotages major weapons or equipment,
military installations or military telecommunications shall be sentenced
to fixed-term imprisonment of not less than three years but not more
than 10 years; if the circumstances are especially serious, he shall
be sentenced to fixed-term imprisonment of not less than 10 years,
life imprisonment or death. He shall be given a heavier punishment
during wartime.
Article 370 Whoever knowingly provides substandard weapons or
equipment or military installations to the armed forces shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention; if the circumstances are serious, he shall be
sentenced to fixed-term imprisonment of not less than five years but not
more than 10 years; if the circumstances are especially serious, he
shall be sentenced to fixed-term imprisonment of not less than 10 years,
life imprisonment or death.
Whoever commits the crime mentioned in the preceding paragraph through
negligence, thus causing serious consequences, shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention; if the consequences are especially serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than seven years.
Where a unit commits the crime mentioned in the first paragraph, it
shall be fined, and the persons who are directly in charge and the other
persons who are directly responsible for the offence shall be
punished in accordance with the provisions of the first paragraph.
Article 371 Where people are gathered to assault a military restricted
zone, thus severely disturbing the order of the zone, the ringleaders
shall be sentenced to fixed-term imprisonment of not less than five
years but not more than 10 years; other active participants shall be
sentenced to fixed-term imprisonment of not more than five years,
criminal detention, public surveillance or deprivation of political
rights.
Where people are gathered to disturb the order of a military
administrative zone, if the circumstances are so serious that work in
the zone cannot be carried on and heavy losses are caused, the
ringleaders shall be sentenced to fixed-term imprisonment of not less
than three years but not more than seven years; other active
participants shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention, public surveillance or deprivation
of political rights.
Article 372 Whoever impersonates a serviceman to go about and deceive
people shall be sentenced to fixed-term imprisonment of not more than
three years, criminal detention, public surveillance or deprivation of
political rights; if the circumstances are serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years.
Article 373 Whoever incites a serviceman to desert from the unit or
knowingly employs such a deserter, if the circumstances are serious,
shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance.
Article 374 Whoever engages in malpractice for selfish ends in
enlistment, accepting or sending unqualified recruits, if the
circumstances are serious, shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention; if the consequences
are especially serious, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than seven
years.
Article 375 Whoever forges, alters, buys, sells or steals or forcibly
seizes the official documents, certificates or seals of the armed forces
shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention, public surveillance or deprivation of
political rights; if the circumstances are serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years.
Whoever illegally manufactures, buys or sells uniforms or special
symbols such as number plates of vehicles of the armed forces, if the
circumstances are serious, shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention or public surveillance
and shall also, or shall only, be fined.
Where a unit commits the crime mentioned in the second paragraph, it
shall be fined, and the persons who are directly in charge and the other
persons who are directly responsible for the offence shall be
punished in accordance with the provisions of the said paragraph.
Article 376 Any reservist who refuses or escapes enlistment or
military training in wartime, if the circumstances are serious, shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention.
Any citizen who refuses or escapes military service in wartime, if the
circumstances are serious, shall be sentenced to fixed-term imprisonment
of not more than two years or criminal detention.
Article 377 Whoever intentionally provides false information about the
enemy to the armed forces during wartime, if the consequences are
serious, shall be sentenced to fixed-term imprisonment of not less
than three years but not more than 10 years; if the consequences are
especially serious, he shall be sentenced to fixed-term imprisonment
of not less than 10 years or life imprisonment.
Article 378 Whoever spreads rumors to create confusion among the
troops and disturb their morale during wartime shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention
or public surveillance; if the circumstances are serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years.
Article 379 Whoever during wartime knowingly provides shelter, money
or property to a serviceman who has deserted from the unit, if the
circumstances are serious, shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention.
Article 380 Where a unit, during wartime, refuses to accept orders for
military supplies or intentionally delays the provision of such
supplies, if the circumstances are serious, it shall be fined, and the
persons who are directly in charge and the other persons who are
directly responsible for the offence shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention; if the
consequences are serious, they shall be sentenced to fixed-term
imprisonment of not less than five years.
Article 381 Whoever, during wartime, rejects requisition for military
purposes, if the circumstances are serious, shall be sentenced to fixed-
term imprisonment of not more than three years or criminal detention.
CHAPTER VIII CRIMES OF EMBEZZLEMENT AND BRIBERY
Article 382 Any State functionary who, by taking advantage of his
office, appropriates, steals, swindles public money or property or by
other means illegally take it into his own possession shall be guilty of
embezzlement.
Any person authorized by State organs, State-owned companies,
enterprises, institutions or people's organizations to administer and
manage State-owned property who, by taking advantage of his office,
appropriates, steals, swindles the said property or by other means
illegally take it into his own possession shall be regarded as being
guilty of embezzlement.
Whoever conspires with the person mentioned in the preceding two
paragraphs to engage in embezzlement shall be regarded as joint
offenders in the crime and punished as such.
Article 383 Persons who commit the crime of embezzlement shall be
punished respectively in the light of the seriousness of the
circumstances and in accordance with the following provisions:
(1) An individual who embezzles not less than 100,000 yuan shall be
sentenced to fixed-term imprisonment of not less than 10 years or life
imprisonment and may also be sentenced to confiscation of property; if
the circumstances are especially serious, he shall be sentenced to death
and also to confiscation of property.
(2) An individual who embezzles not less than 50,000 yuan but less
than 100,000 yuan shall be sentenced to fixed-term imprisonment of not
less than five years and may also be sentenced to confiscation of
property; if the circumstances are especially serious, he shall be
sentenced to life imprisonment and confiscation of property.
(3) An individual who embezzles not less than 5,000 yuan but less than
50,000 yuan shall be sentenced to fixed-term imprisonment of not less
than one year but not more than seven years; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less
than seven years but not more than 10 years. If an individual who
embezzles not less than 5,000 yuan and less than 10,000 yuan, shows true
repentance after committing the crime, and gives up the embezzled money
of his own accord, he may be given a mitigated punishment, or he may be
exempted from criminal punishment but shall be subjected to
administrative sanctions by his work unit or by the competent
authorities at a higher level.
(4) An individual who embezzles less than 5,000 yuan, if the
circumstances are relatively serious, shall be sentenced to fixed-term
imprisonment of not more than two years or criminal detention; if the
circumstances are relatively minor, he shall be given administrative
sanctions at the discretion of his work unit or of the competent
authorities at a higher level.
Whoever repeatedly commits the crime of embezzlement and goes unpunished
shall be punished on the basis of the cumulative amount of money he has
embezzled.
Article 384 Any State functionary who, by taking advantage of his
position, misappropriates public funds for his own use or for conducting
illegal activities, or misappropriates a relatively large amount of
public funds for profit-making activities, or misappropriates a
relatively large amount of public funds and fails to return it after the
lapse of three months, shall be guilty of misappropriation of public
funds and shall be sentenced to fixed-term imprisonment of not more than
five years or criminal detention; if the circumstances are serious,
he shall be sentenced to fixed-term imprisonment of not less than five
years. Whoever misappropriates a huge, amount of public funds and
fails to return it shall be sentenced to fixed-term imprisonment of
not less than 10 years or life imprisonment.
Whoever misappropriates for his own use funds or materials allocated for
disaster relief, emergency rescue, flood prevention and control,
special care for disabled servicemen and the families of revolutionary
martyrs and servicemen, aid to the poor, migration and social relief
shall be given a heavier punishment.
Article 385 Any State functionary who, by taking advantage of his
position, extorts money or property from another person, or illegally
accepts another person's money or property in return for securing
benefits for the person shall be guilty of acceptance of bribes.
Any State functionary who, in economic activities, violates State
regulations by accepting rebates or service charges of various
descriptions and taking them into his own possession shall be regarded
as guilty of acceptance of bribes and punished for it.
Article 386 Whoever has committed the crime of acceptance of bribes
shall, on the basis of the amount of money or property accepted and
the seriousness of the circumstances, be punished in accordance with the
provisions of Article 383 of this Law. Whoever extorts bribes from
another person shall be given a heavier punishment.
Article 387 Where a State organ, State-owned company, enterprise,
institution or people's organization extorts from another person or
illegally accepts another person's money or property in return for
securing benefits for the person, if the circumstances are serious, it
shall be fined, and the persons who are directly in charge and the other
persons who are directly responsible for the offence shall be sentenced
to fixed-term imprisonment of not more than five years or criminal
detention.
Any of the units mentioned in the preceding paragraph that, in
economic activities, secretly accepts off-the-book rebates or service
charges of various descriptions shall be regarded as guilty of
acceptance of bribes and punished in accordance with the provisions of
the preceding paragraph.
Article 388 Any State functionary who, by taking advantage of his own
functions and powers or position, secures illegitimate benefits for an
entrusting person through another State functionary's performance of his
duties and extorts from the entrusting person or accepts the entrusting
person's money or property shall be regarded as guilty of acceptance of
bribes and punished for it.
Article 389 Whoever, for the purpose of securing illegitimate benefits,
gives money or property to a State functionary shall be guilty of
offering bribes.
Whoever, in economic activities, violates State regulations by giving
a relatively large amount of money or property to a State functionary or
by giving him rebates or service charges of various descriptions
shall be regarded as guilty of offering bribes and punished for it.
Any person who offers money or property to a State functionary through
extortion but gains no illegitimate benefits shall not be regarded as
offering bribes.
Article 390 Whoever commits the crime of offering bribes shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention; whoever offers bribes to secure illegitimate
benefits, if the circumstances are serious or if heavy losses are caused
to the interests of the State, shall be sentenced to fixed-term
imprisonment of not less than five years but not more than 10 years;
if the circumstances are especially serious, he shall be sentenced to
fixed-term imprisonment of not less than 10 years or life imprisonment
and may also be sentenced to confiscation of property.
Any briber who, before he is investigated for criminal responsibility,
voluntarily confesses his act of offering bribes may be given a
mitigated punishment or exempted from punishment.
Article 391 Whoever, for the purpose of securing illegitimate benefits,
gives money or property to a State organ, State-owned company,
enterprise, institution or people's organization or, in economic
activities, violates State regulations by giving rebates or service
charges of various descriptions shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention.
Where a unit commits the crime mentioned in the preceding paragraph,
it shall be fined, and the persons who are directly in charge and the
other persons who are directly responsible for the offence shall be
punished in accordance with the provisions of the preceding paragraph.
Article 392 Whoever introduces a bribe to a State functionary, if the
circumstances are serious, shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention.
Any person who introduces a bribe but voluntarily confesses the act
before he is investigated for criminal responsibility may be given a
mitigated punishment or exempted from punishment.
Article 393 Where a unit offers bribes for the purpose of securing
illegitimate benefits or, in violation of State regulations, gives
rebates or service charges to a State functionary, if the
circumstances are serious, it shall be fined, and the persons who are
directly in charge and the other persons who are directly responsible
for the offence shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention. Any person who takes into
his own possession the illegal gains derived from bribing shall be
convicted and punished in accordance with the provisions of Articles 389
and 390 of this Law.
Article 394 Any State functionary who, in his activities of domestic
public service or in his contacts with foreigners, accepts gifts and
does not hand them over to the State as is required by State
regulations, if the amount involved is relatively large, shall be
convicted and punished in accordance with the provisions of Articles 382
and 383 of this Law.
Article 395 Any State functionary whose property or expenditure
obviously exceeds his lawful income, if the difference is enormous,
may be ordered to explain the sources of his property. If he cannot
prove that the sources are legitimate, the part that exceeds his
lawful income shall be regarded as illegal gains, and he shall be
sentenced to fixed- term imprisonment of not more than five years or
criminal detention, and the part of property that exceeds his lawful
income shall be recovered.
Any State functionary shall, in accordance with State regulations,
declare to the State his bank savings outside the territory of China.
Whoever has a relatively large amount of such savings and does not
declare them to the State shall be sentenced to fixed-term
imprisonment of not more than two years or criminal detention; if the
circumstances are relatively minor, he shall be given administrative
sanctions at the discretion of his work unit or the competent
authorities at a higher level.
Article 396 Where a State organ, State-owned company, enterprise,
institution or people's organization, in violation of State
regulations and in the name of the unit, divides up State-owned assets
in secret among all the individuals of the unit, if the amount
involved is relatively large, the persons who are directly in charge and
the other persons who are directly responsible for the offence shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention and shall also, or shall only, be fined; if the
amount involved is huge, they shall be sentenced to fixed-term
imprisonment of not less than three years but not more than seven
years and shall also be fined.
Any judicial organ or administrative law-enforcing organ that, in
violation of State regulations and in the name of the organ, divides
up in secret the fines or confiscated money or property, which should be
turned over to the State, among all the individuals of the organ
shall be punished in accordance with the provisions of the preceding
paragraph.
CHAPTER IX CRIMES OF DERELICTION OF DUTY
Article 397 Any functionary of a State organ who abuses his power or
neglects his duty, thus causing heavy losses to public money or property
or the interests of the State and the people, shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention; if the circumstances are especially serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than seven years, except as otherwise specifically provided
in this Law.
Any functionary of a State organ who engages in malpractice for personal
gain and commits the crime mentioned in the preceding paragraph shall
be sentenced to fixed-term imprisonment of not more than five years or
criminal detention; if the circumstances are especially serious, he
shall be sentenced to fixed-term imprisonment of not less than five
years but not more than 10 years, except as otherwise specifically
provided in this Law.
Article 398 Any functionary of a State organ who, in violation of the
provisions of the Law on Guarding State Secrets, intentionally or
negligently divulges State secrets, if the circumstances are serious,
shall be sentenced to fixed-term imprisonment of not more than three
years or criminal detention; if the circumstances are especially
serious, he shall be sentenced to fixed-term imprisonment of not less
than three years but not more than seven years.
Any person who is not a functionary of a State organ commits the crime
mentioned in the preceding paragraph shall, in the light of the
circumstances, be punished in accordance with the provisions of the
preceding paragraph.
Article 399 Any judicial officer who, bending the law for selfish ends
or twisting the law for a favor, subjects to investigation for
criminal responsibility a person he knows to be innocent or
intentionally protects from investigation for criminal responsibility
a person he knows to be guilty or, intentionally running counter to
the facts and law, twists the law when rendering judgments or orders
in criminal proceedings shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention; if the circumstances
are serious, he shall be sentenced to fixed-term imprisonment of not
less than five years but not more than 10 years; if the circumstances
are especially serious, he shall be sentenced to fixed-term imprisonment
of not less than 10 years.
Whoever, in civil or administrative proceedings, intentionally runs
counter to the facts and law and twists the law when rendering judgments
or orders, if the circumstances are serious, shall be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention; if the circumstances are especially serious, he shall be
sentenced to fixed-term imprisonment of not less than five years but not
more than 10 years.
Any judicial officer who takes a bribe and bends the law and commits any
act mentioned in the preceding two paragraphs, which also constitutes a
crime as provided for in Article 385 of this Law, shall be convicted
and punished in accordance with the provisions for a heavier
punishment.
Article 400 Any judicial officer who, without authorization, releases
a criminal suspect, a defendant or a criminal held in custody shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention; if the circumstances are serious, he shall be
sentenced to fixed-term imprisonment of not less than five years but not
more than 10 years; if the circumstances are especially serious, he
shall be sentenced to fixed-term imprisonment of not less than 10
years.
Any judicial officer who, because of his gross neglect of duty, makes it
possible for a criminal suspect, a defendant or a criminal held in
custody to escape, if the consequences are serious, shall be sentenced
to fixed-term imprisonment of not more than three years or criminal
detention; if the consequences are especially serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than 10 years.
Article 401 Any judicial officer who, engaging in malpractices for
personal gain, grants commutation of punishment, parole or temporary
execution of the sentence outside prison to a criminal who does not meet
the conditions for it shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention; if the circumstances
are serious, he shall be sentenced to fixed-term imprisonment of not
less than three years but not more than seven years.
Article 402 Any administrative law-enforcing officer who, engaging in
malpractices for personal gain, does not transfer a person that should
be transferred to a judicial organ according to law to be investigated
for criminal responsibility, if the circumstances are serious, shall
be sentenced to fixed-term imprisonment of not more than three years
or criminal detention; if the consequences are serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than seven years.
Article 403 Any functionary of a relevant competent department of the
State who, engaging in malpractices for personal gain and abusing his
power, approves an application for the incorporation and registration of
a company or an application for the issue and listing of shares or
bonds submitted by a company that does not meet the conditions
provided by law, thus causing heavy losses to public money or property
and the interests of the State and the people, shall be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention.
Where a department at a higher level compels a registration office and
its staff member to commit the acts mentioned in the preceding
paragraph, the leading members of the department who are directly
responsible for the offence shall be punished in accordance with the
provisions of the preceding paragraph.
Article 404 Any tax official who, engaging in malpractices for
personal gain, fails to collect or undercollects the tax payable, thus
causing heavy losses to the revenue of the State, shall be sentenced
to fixed- term imprisonment of not more than five years or criminal
detention; if especially heavy losses are caused, he shall be
sentenced to fixed-term imprisonment of not less than five years.
Article 405 Any tax official who, in violation of the provisions of
law and administrative rules and regulations, engages in malpractices
for personal gain in selling invoices, offsetting the tax payable and
making tax refund for exports, thus causing heavy losses to the
interests of the State, shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention; if especially heavy
losses are caused to the interests of the State, he shall be sentenced
to fixed- term imprisonment of not less than five years.
Any functionaries of other State organs who, in violation of State
regulations, engage in malpractices for personal gain in providing
certificates for exports tax refund such as the declaration forms for
exports and the verification and writing off documents for export
proceeds, thus causing heavy losses to the interests of the State, shall
be punished in accordance with the provisions of the preceding
paragraph.
Article 406 Any functionary of a State organ who, in concluding or
performing a contract, is defrauded as a result of his gross neglect
of duty, thus causing heavy losses to the interests of the State,
shall be sentenced to fixed-term imprisonment of not more than three
years or criminal detention; if especially heavy losses are caused to
the interests of the State, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than seven
years.
Article 407 Any functionary of a competent forestry department who, in
violation of the provisions of the Forestry Law, issues forest tree
felling licenses in excess of the approved annual felling quotas or,
in violation of the regulations, arbitrarily issues forest tree
felling licenses, if to such an extent as to cause serious damage to the
forest, shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention.
Article 408 Any functionary of a State organ who is responsible for
environmental protection, supervision and control, through his gross
neglect of duty, causes a serious environmental pollution accident,
which results in heavy losses of public or private property or the grave
consequences of injuries or deaths of persons, shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention.
Article 409 Any functionary of an administrative department for public
health who is engaged in prevention and treatment of infectious
diseases, through his gross neglect of duty, causes the spread or
epidemic of an infectious disease, if the circumstances are serious,
shall be sentenced to fixed-term imprisonment of not more than three
years or criminal detention.
Article 410 Any functionary of a State organ who, engaging in
malpractices for personal gain, violating the law and regulations on
land administration and abusing his power, illegally approves the
requisition or occupation of land or illegally transfers at low prices
the right to the use of State-owned land, if the circumstances are
serious, shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention; if especially heavy losses are
caused to the interests of the State or the collective, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than seven years.
Article 411 Any Customs officer who, engaging in malpractices for
personal gain, connives at smuggling, if the circumstances are serious,
shall be sentenced to fixed-term imprisonment of not more than five
years or criminal detention; if the circumstances are especially
serious, he shall be sentenced to fixed-term imprisonment of not less
than five years.
Article 412 Any officer of the department in charge of commodity
inspection at the national or local level who, engaging in
malpractices for personal gain, falsifies inspection results, shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention; if the consequences are serious, he shall be
sentenced to fixed-term imprisonment of not less than five years but not
more than 10 years.
The officer as mentioned in the preceding paragraph who, through his
gross neglect of duty, fails to inspect the commodities that should be
inspected, delays the inspection or the issuance of a certificate or
issues a false certificate, thus causing heavy losses to the interests
of the State, shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention.
Article 413 Any officer of an animal and plant quarantine organ who,
engaging in malpractices for personal gain, forges a quarantine result,
shall be sentenced to fixed-term imprisonment of not more than five
years or criminal detention; if the consequences are serious, he shall
be sentenced to fixed-term imprisonment of not less than five years
but not more than 10 years.
Any officer as mentioned in the preceding paragraph who, through his
gross neglect of duty, fails to conduct quarantine inspection of the
items that should be inspected, delays the performance of quarantine
inspection or the issuance of certificates, or issues false
certificates, thus causing heavy losses to the interests of the State,
shall be sentenced to fixed-term imprisonment of not more than three
years or criminal detention.
Article 414 Any functionary of a State organ who, being responsible
for investigating the offences such as production and sale of fake or
substandard commodities, engages in malpractices for personal gain and
does not perform his duty of investigation as is required by law, if the
circumstances are serious, shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention.
Article 415 Any functionary of a State organ who is in charge of
handling passports, visa or other exit or entry certificates,
knowingly grants an exit or entry certificate to a person attempting
to illegally cross the national (frontier) border or, a functionary of a
State organ such as the frontier authorities or a Customs office
knowingly allows a person illegally crossing the national (frontier)
border to pass shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less
than three years but not more than seven years.
Article 416 Any functionary of a State organ who is charged with the
functions and responsibilities to rescue a woman or child who is
abducted, sold or kidnapped fails to do so on receiving a request for
rescue by the victim or by his or her family members or on receiving a
report thereon made by any other person, thus causing serious
consequences, shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention.
Any functionary of a State organ charged with the said functions and
responsibilities who, by taking advantage of his office, hinders the
rescue effort shall be sentenced to fixed-term imprisonment of not
less than two years but not more than seven years; if the
circumstances are relatively minor, he shall be sentenced to
fixed-term imprisonment of not more than two years or criminal
detention.
Article 417 Any functionary of a State organ, charged with the functions
and responsibilities to investigate and prohibit criminal activities,
who divulges information or provides convenience to criminals so as to
help them escape punishment shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention; if
the circumstances are serious, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years.
Article 418 Any functionary of a State organ who engages in malpractices
for personal gain in recruiting public servants or students, if the
circumstances are serious, shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention.
Article 419 Any functionary of a State organ who, through his gross
neglect of duty, causes damage to or losses of precious cultural relics,
if the consequences are serious, shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention.
CHAPTER X CRIMES OF SERVICEMEN'S TRANSGRESSION OF DUTIES
Article 420 Any act committed by a serviceman in transgression of his
duties, an act that endangers the military interests of the State and
should therefore be subjected to criminal punishment in accordance
with law, constitutes a crime of a serviceman's transgression of
duties.
Article 421 Any serviceman who disobeys an order during wartime, thereby
jeopardizing a military operation, shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years; if
heavy losses are caused to a battle or campaign, he shall be
sentenced to fixed-term imprisonment of not less than 10 years, life
imprisonment or death.
Article 422 Any serviceman who intentionally conceals or makes a false
report about the military situation, refuses to convey a military
order or conveys a false military order, thereby jeopardizing a military
operation, shall be sentenced to fixed-term imprisonment of not less
than three years but not more than 10 years; if heavy losses are
caused to a battle or campaign, he shall be sentenced to fixed-term
imprisonment of not less than 10 years, life imprisonment or death.
Article 423 Any serviceman who cares for nothing but saving his skin
on the battlefield voluntarily lays down his arms and surrenders to
the enemy shall be sentenced to fixed-term imprisonment of not less than
three years but not more than 10 years; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less
than 10 years or life imprisonment.
Any serviceman who, after surrendering to the enemy, works for the enemy
shall be sentenced to fixed-term imprisonment of not less than 10
years, life imprisonment or death.
Article 424 Any serviceman who deserts from the battlefield shall be
sentenced to fixed-term imprisonment of not more than three years; if
the circumstances are serious, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years; if
heavy losses are caused to a battle or campaign, he shall be
sentenced to fixed-term imprisonment of not less than 10 years, life
imprisonment or death.
Article 425 Any person in command or on duty who leaves his post without
permission or neglects his duties, thereby causing serious
consequences, shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention; if the consequences are
especially serious, he shall be sentenced to fixed-term imprisonment
of not less than three years but not more than seven years.
Whoever in wartime commits the crime mentioned in the preceding
paragraph shall be sentenced to fixed-term imprisonment of not less than
five years.
Article 426 Whoever, by violence or threat, obstructs a commander or a
person on duty from performing his duties shall be sentenced to fixed-
term imprisonment of not more than five years or criminal detention;
if the circumstances are serious, he shall be sentenced to fixed-term
imprisonment of not less than five years; if serious injury or death
is caused to a person or if there are other especially serious
circumstances involved, he shall be sentenced to life imprisonment or
death. The punishment for such a crime committed during wartime shall be
heavier than in peacetime.
Article 427 Any officer who abuses his power and instigates his
subordinates to act in transgression of their duties, thereby causing
serious consequences, shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention; if the circumstances are
especially serious, he shall be sentenced to fixed-term imprisonment of
not less than five years but not more than 10 years.
Article 428 Any commander who disobeys an order, or flinches before a
battle or is inactive in a military operation, thereby causing serious
consequences, shall be sentenced to fixed-term imprisonment of not
more than five years; if heavy losses are caused to a battle or campaign
or if there are other especially serious circumstances involved, he
shall be sentenced to fixed-term imprisonment of not less than five
years.
Article 429 Any commander on a battlefield who is in a position to
rescue the neighbourly forces he knows are in a critical situation but
does not do so upon request, thus causing heavy losses to the latter,
shall be sentenced to fixed-term imprisonment of not more than five
years.
Article 430 Any serviceman who, in performing his duties, leaves his
post without permission or defects from China or does so when being
outside of the country, thus jeopardizing the military interests of
the State, shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention; if the circumstances are serious,
he shall be sentenced to fixed-term imprisonment of not less than
five years.
Any serviceman who, piloting an aircraft or a vessel, defects, or if
there are other especially serious circumstances involved, shall be
sentenced to fixed-term imprisonment of not less than 10 years, life
imprisonment or death.
Article 431 Whoever, by means of stealing, spying or buying, illegally
obtains military secrets shall be sentenced to fixed-term imprisonment
of not more than five years; if the circumstances are serious, he
shall be sentenced to fixed-term imprisonment of not less than five
years but not more than 10 years; if the circumstances are especially
serious, he shall be sentenced to fixed-term imprisonment of not less
than 10 years.
Whoever steals, spies into or buys military secrets for or illegally
offers such secrets to the agencies, organizations or individuals
outside the territory of China shall be sentenced to fixed-term
imprisonment of not less than 10 years, life imprisonment or death.
Article 432 Whoever, in violation of the law and regulations on
protection of State secrets, intentionally or negligently divulges
military secrets, if the circumstances are serious, shall be sentenced
to fixed-term imprisonment of not more than five years or criminal
detention; if the circumstances are especially serious, he shall be
sentenced to fixed-term imprisonment of not less than five years but not
more than 10 years.
Whoever during wartime commits the crime mentioned in the preceding
paragraph shall be sentenced to fixed-term imprisonment of not less than
five years but not more than 10 years; if the circumstances are
especially serious, he shall be sentenced to fixed-term imprisonment
of not less than 10 years or life imprisonment.
Article 433 Whoever during wartime fabricates rumors to mislead others
and shake the morale of troops shall be sentenced to fixed-term
imprisonment of not more than three years; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less
than three years but not more than 10 years.
Whoever colludes with the enemy to fabricate rumors so as to mislead
others and shake the morale of troops shall be sentenced to fixed-term
imprisonment of not less than 10 years or life imprisonment; if the
circumstances are especially serious, he may be sentenced to death.
Article 434 Whoever during wartime injures himself in order to evade his
military obligation shall be sentenced to fixed-term imprisonment of
not more than three years; if the circumstances are serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than seven years.
Article 435 Whoever, in violation of the military service law, deserts
from the armed forces, if the circumstances are serious, shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention.
Whoever during wartime commits the crime mentioned in the preceding
paragraph shall be sentenced to fixed-term imprisonment of not less than
three years but not more than seven years.
Article 436 Whoever violates the regulations on the use of weapons and
equipment, if the circumstances are serious and an accident leading to
serious injury or death of another person occurs due to his neglect of
duty, or if there are other serious consequences, shall be sentenced
to fixed-term imprisonment of not more than three years or criminal
detention; if the consequences are especially serious, he shall be
sentenced to fixed-term imprisonment of not less than three years but
not more than seven years.
Article 437 Whoever in violation of the regulations on control of
weapons and equipment, alters without authorization the use of weapons
and equipment allocated, if the consequences are serious, shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention; if the consequences are especially serious, he shall
be sentenced to fixed-term imprisonment of not less than three years
but not more than seven years.
Article 438 Whoever steals or forcibly seizes weapons, equipment or
military supplies shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less
than five years but not more than 10 years; if the circumstances are
especially serious, he shall be sentenced to fixed-term imprisonment
of not less than 10 years, life imprisonment or death.
Whoever steals or forcibly seizes firearms, ammunition or explosives
shall be punished in accordance with the provisions of Article 127 of
this Law.
Article 439 Whoever illegally sells or transfers weapons or equipment of
the armed forces shall be sentenced to fixed-term imprisonment of not
less than three years but not more than 10 years; if a large amount of
weapons or equipment is sold or transferred or if there are other
especially serious circumstances involved, he shall be sentenced to
fixed-term imprisonment of not less than 10 years, life imprisonment
or death.
Article 440 Whoever, in violation of an order, abandons weapons or
equipment shall be sentenced to fixed-term imprisonment of not more than
five years or criminal detention; if he abandons important or a large
amount of weapons or equipment or if there are other serious
circumstances involved, he shall be sentenced to fixed-term imprisonment
of not less than five years.
Article 441 Whoever loses weapons or equipment and fails to report the
matter immediately, or if there are other serious circumstances
involved, shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention.
Article 442 Where the real estate of the armed forces is sold or
transferred in violation of the regulations, if the circumstances are
serious, the persons who are directly responsible for the offence
shall be sentenced to fixed-term imprisonment of not more than three
years or criminal detention; if the circumstances are especially
serious, they shall be sentenced to fixed-term imprisonment of not
less than three years but not more than 10 years.
Article 443 Any person who abuses his power and maltreats a subordinate,
if the circumstances are so flagrant that the victim is seriously
injured or if there are other serious consequences, shall be sentenced
to fixed-term imprisonment of not more than five years or criminal
detention; if he causes death of the victim, he shall be sentenced to
fixed-term imprisonment of not less than five years.
Article 444 Where a wounded or sick serviceman is deliberately abandoned
on a battlefield, if the circumstances are flagrant, the persons who
are directly responsible for the offence shall be sentenced to
fixed-term imprisonment of not more than five years.
Article 445 Whoever, being charged with the duty of saving and
treating servicemen during wartime, refuses to do so to a serviceman
who, through critically sick or wounded, can be saved or treated, he
shall be sentenced to fixed-term imprisonment of not more than five
years or criminal detention; if he causes serious disability or death of
the sick or wounded serviceman or if there are other serious
circumstances involved, he shall be sentenced to fixed-term imprisonment
of not less than five years but not more than 10 years.
Article 446 Any serviceman who, during wartime, cruelly injures innocent
residents in an area of military operation or plunders their money or
property shall be sentenced to fixed-term imprisonment of not more
than five years; if the circumstances are serious, he shall be sentenced
to fixed-term imprisonment of not less than five years but not more
than 10 years; if the circumstances are especially serious, he shall
be sentenced to fixed-term imprisonment of not less than 10 years,
life imprisonment or death.
Article 447 Whoever sets free a prisoner of war without authorization
shall be sentenced to fixed-term imprisonment of not more than five
years; if he, without authorization, sets free an important prisoner
of war or a number of prisoners of war or if there are other serious
circumstances involved, he shall be sentenced to fixed-term imprisonment
of not less than five years.
Article 448 Whoever maltreats a prisoner of war, if the circumstances
are flagrant, shall be sentenced to fixed-term imprisonment of not
more than three years.
Article 449 If during wartime a serviceman is sentenced to fixed-term
imprisonment of not more than three years for a crime he commits and
is granted suspension of sentence because he presents no real danger, he
may be allowed to atone for his crime by performing meritorious deeds.
If he truly performs meritorious deeds, the original sentence may be
rescinded and he shall not be regarded as a criminal.
Article 450 This Chapter shall apply to officers, civilian staff,
soldiers in active service and cadets with military status of the
Chinese People's Liberation Army, police officers, civilian staff and
soldiers in active service and cadets with military status of the
Chinese People's Armed Police, and reservists and other persons
performing military tasks.
Article 451 The word "wartime" as used in this Law means the time when
the State declares the state of war, the armed forces receive tasks of
operations or when the enemy launches a surprise attack.
The time when the armed forces execute martial-law tasks or cope with
emergencies of violence shall be regarded as wartime.
CHAPTER XI SUPPLEMENTARY PROVISIONS
Article 452 This Law shall go into effect as of October 1, 1997.
The regulations, supplementary provisions and decisions enacted by the
Standing Committee of the National People's Congress, as listed in
Appendix I of this Law, which have been incorporated into this Law or
are no longer applicable, shall be invalidated as of the date this Law
goes into effect.
The supplementary provisions and decisions enacted by the Standing
Committee of the National People's Congress, as listed in Appendix II of
this Law, shall be retained. Among them the provisions on
administrative penalty and administrative measures shall remain in
force; however, since the provisions on criminal responsibility have
been incorporated into this Law, the relevant provisions of this Law
shall prevail as of the date this Law goes into effect.
Appendix I
The following regulations, supplementary provisions and decisions
enacted by the Standing Committee of the National People's Congress
which have been incorporated into this Law or are no longer applicable
shall be invalidated as of the date this Law goes into effect:
1. Interim Regulations of the People's Republic of China on
Punishment of Servicemen Who Commit Crimes Contrary to Their Duties
2. Decision Regarding the Severe Punishment of Criminals Who
Seriously Sabotage the Economy
3. Decision Regarding the Severe Punishment of Criminals Who
Seriously Endanger Public Security
4. Supplementary Provisions Concerning the Punishment of the Crimes
of Smuggling
5. Supplementary Provisions Concerning the Punishment of the Crimes
of Embezzlement and Bribery
6. Supplementary Provisions Concerning the Punishment of the Crimes
of Divulging State Secrets
7. Supplementary Provisions Concerning the Punishment of the Crimes
of Catching or Killing Precious and Endangered Species of Wildlife Under
Special State Protection
8. Decision Regarding the Punishment of the Crimes of Desecrating the
National Flag and the National Emblem of the People's Republic of
China
9. Supplementary Provisions Regarding the Punishment of the Crime of
Excavating and Robbing Sites of Ancient Culture or Ancient Tombs
10. Decision Regarding the Punishment of the Criminals Engaged in
Aircraft Hijacking
11. Supplementary Provisions Regarding Punishing Crimes of
Counterfeiting Registered Trademarks
12. Decision on Punishment of the Crimes of Production and Sale of
Fake or Substandard Commodities
13. Decision Regarding the Punishment of the Crimes of Infringement
of Copyright
14. Decision Concerning Punishment of Crimes Against the Company Law
15. Decision Regarding the Handling of Criminals Undergoing Reform
Through Labor and Persons Undergoing Rehabilitation Through Labor Who
Escape or Commit New Crimes
Appendix II
The following supplementary provisions and decisions enacted by the
Standing Committee of the National People's Congress shall be retained.
Among them the provisions on administrative penalty and
administrative measures shall remain in force; since the provisions on
criminal responsibility have been incorporated into this Law, the
relevant provisions of this Law shall prevail as of the date this Law
goes into effect:
1. Decision on the Prohibition Against Narcotic Drugs
2. Decision on the Punishment of Criminals Who Smuggle, Produce, Sell or
Disseminate Pornographic materials
3. Decision on the Strict Prohibition Against Prostitution and Whoring
4. Decision Regarding the Severe Punishment of Criminals Who Abduct
and Traffic in or Kidnap Women or Children
5. Supplementary Provisions Regarding the Imposition of Punishment in
Respect of Offences of Tax Evasion and Refusal to Pay Tax
6. Supplementary Provisions on the Severe Punishment of the Crimes of
Organizing or Transporting Other Person(s) To illegally cross the
National Border (Frontier)
7. Decision on Punishment of Crimes of Disrupting Financial Order
8. Decision on Punishing Crimes of Falsely Making Out, Forging or
Illegally Selling Special Invoices for Value-added Tax
--
红了樱桃，绿了芭蕉，流光容易把人抛。
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