CRIMINAL LAW OF THE PEOPLE'S
REPUBLIC OF CHINA
(Adopted at the Second Session of the Fifth National
People's Congress on July 1, 1979, promulgated by Order No.5
of the Chairman of the Standing Committee of the National
People's Congress on July 6, 1979, and effective as of
January 1,1980)
CONTENTS
PART ONE GENERAL PROVISIONS
CHAPTER I THE GUIDING IDEOLOGY, TASKS AND SCOPE OF
APPLICATION OF 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
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
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 COUNTERREVOLUTION
CHAPTER II CRIMES OF ENDANGERING PUBLIC SECURITY
CHAPTER III CRIMES OF UNDERMINING THE SOCIALIST ECONOMIC
ORDER
CHAPTER IV CRIMES OF INFRINGING UPON THE RIGHTS OF THE
PERSON AND THE DEMOCRATIC RIGHTS OF CITIZENS
CHAPTER V CRIMES OF PROPERTY VIOLATION
CHAPTER VI CRIMES OF OBSTRUCTING THE ADMINISTRATION OF
PUBLIC ORDER
CHAPTER VII CRIMES OF DISRUPTING MARRIAGE AND THE FAMILY
CHAPTER VIII CRIMES OF DERELICTION OF DUTY
PART ONE GENERAL PROVISIONS
CHAPTER I THE GUIDING IDEOLOGY, TASKS AND SCOPE OF
APPLICATION OF THE CRIMINAL LAW
Article 1. The Criminal Law of the People's Republic of
China, which takes Marxism-Leninism-Mao Zedong Thought as
its guide and the Constitution as its basis, is formulated
in accordance with the policy of combining punishment with
leniency and in the light of the actual circumstances and
concrete experiences of the people of all China's
nationalities in carrying out the people's democratic
dictatorship, led by the proletariat and based on the
worker-peasant alliance, that is, the dictatorship of the
proletariat, and in conducting the socialist revolution and
socialist construction.
Article 2. The tasks of the Criminal Law of the People's
Republic of China are to use criminal punishments to fight
against all counterrevolutionary and other criminal acts in
order to defend the system of the dictatorship of the
proletariat; to protect socialist property owned by the
whole people and socialist property collectively owned by
the working people; to protect the citizens' privately owned
lawful property; to protect the citizens, rights of the
person and their democratic and other rights; to maintain
public order and order in production, education, scientific
research and other work and in the life of the masses; and
to safeguard the smooth progress of the cause of the
socialist revolution and socialist construction.
Article 3. This Law is applicable to anyone who commits a
crime within the territory of the People's Republic of
China, unless the case is covered by special legal
provisions.
This Law is also applicable to anyone who commits a crime on
board a ship or airplane of the People's Republic of China.
If the criminal act or its consequence takes place within
the territory of the People's Republic of China, the crime
shall be deemed to have been committed within the territory
of the People's Republic of China.
Article 4. This Law is applicable to the citizens of the
People's Republic of China who commit any of the following
crimes outside the territory of the People's Republic of
China:
(1) counterrevolution;
(2) counterfeiting national currency (Article 122) and
counterfeiting valuable securities (Article 123);
(3) embezzlement (Article 155), accepting bribes (Article
185) and divulging state secrets (Article 186); and
(4) posing as a state functionary to practise fraud (Article
166) and forging official documents, certificates and seals
(Article 167).
Article 5. This Law is also applicable to any citizen of the
People's Republic of China who commits a crime outside the
territory of the People's Republic of China that is not
specified in the preceding Article, 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 law of the place where it was committed.
Article 6. This Law may be applicable to any foreigner who
commits a crime outside the territory of the People's
Republic of China, against the state of the People's
Republic of China or against 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 law of the place where it was committed.
Article 7. If any person commits a crime outside the
territory of the People's Republic of China for which
according to this Law he would bear criminal responsibility,
he may still be dealt with 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 8. The problem of the criminal responsibility of
foreigners who enjoy diplomatic privileges and immunities
shall be resolved through diplomatic channels.
Article 9. This Law shall enter into force on January 1,
1980. 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, decrees and
policies in force at the time, those laws, decrees and
policies shall apply. If the act was deemed a crime under
the laws, decrees and policies in force at that 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 according to those
laws, decrees and policies. However, if this Law does not
deem it a crime or imposes a lighter punishment, this Law
shall apply.
CHAPTER II CRIMES
SECTION 1 CRIMES AND CRIMINAL RESPONSIBILITY
Article 10. A crime refers to an act that endangers the
sovereignty and territorial integrity of the state;
endangers the system of the dictatorship of the proletariat;
undermines the socialist revolution and socialist
construction; disrupts public order; violates property owned
by the whole people or collectively owned by the working
people; violates the citizens' privately owned lawful
property or infringes upon the citizens' rights of the
person and their democratic and other rights; and any other
act that endangers society and is punishable according to
law. However, an act that is clearly of minor importance and
little harm shall not be considered a crime.
Article 11. An intentional crime refers to a crime committed
by a person who clearly knows that his act will produce
socially dangerous consequences but who wishes or allows
such consequences to occur.
Criminal responsibility shall be borne for intentional
crimes.
Article 12. A negligent crime refers to a crime committed by
a person who should have foreseen that his act would
possibly produce socially dangerous consequences but who
fails to do so through negligence or, having foreseen the
consequences, readily believes that they can be avoided, the
result being that these consequences do occur.
Criminal responsibility shall be borne for negligent crimes
only when the law so provides.
Article 13. If an act in fact results in harmful
consequences due to unavoidable or unforeseeable causes
rather than intent or negligence, it shall not be deemed a
crime.
Article 14. Any person who has reached the age of 16 and who
commits a crime shall bear criminal responsibility.
Any person who has reached the age of 14 but not the age of
16 and who commits homicide, inflicting serious bodily
injury, robbery, arson, habitual theft or any other crime
seriously undermining social order shall bear criminal
responsibility.
Any person who has reached the age of 14 but not the age of
18 and who commits a crime shall be given a lighter or
mitigated punishment.
If a person is not punished because he has not reached the
age of 16, the head of his family or his guardian shall be
ordered to discipline and educate him. When necessary, he
may also be taken in by the government for re-education.
Article 15. If a mental patient causes dangerous
consequences at a time when he is unable to recognize or
control his own conduct, he shall not bear criminal
responsibility, but his family members or guardian shall be
ordered to keep him under strict surveillance and arrange
for his 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.
Any intoxicated person who commits a crime shall bear
criminal responsibility.
Article 16. Any deaf-mute or blind person who commits a
crime may be given a lighter or mitigated punishment or be
exempted from punishment.
Article 17. Criminal responsibility shall not be borne for
an act that a person undertakes in justifiable defence to
avert an immediate and unlawful infringement of the public
interest or of his own or another person's rights of the
person or other rights.
Criminal responsibility shall be borne if justifiable
defence exceeds the limits of necessity and causes undue
harm; however, consideration shall be given to a mitigated
punishment or exemption from punishment.
Article 18. Criminal responsibility shall not be borne for
an act that a person is compelled to commit in an emergency
to avert an immediate danger to the public interest or to
his own or another person's rights of the person or other
rights.
Criminal responsibility shall be borne if an act committed
in an emergency to avert danger exceeds the limits of
necessity and causes undue harm; however, consideration
shall be given to a mitigated punishment or exemption 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 specific responsibility in his
post or profession.
SECTION 2 PREPARATION FOR A CRIME, CRIMINAL ATTEMPT AND
DISCONTINUATION OF A CRIME
Article 19. 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 completed the crime, be given a lighter or mitigated
punishment or be exempted from punishment.
Article 20. A criminal attempt refers to a case where an
offender has already begun 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 completed the crime, be given a
lighter or mitigated punishment.
Article 21. Discontinuation of a crime refers to cases
where, in the process 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 be exempted from
punishment or be given a mitigated punishment.
SECTION 3 JOINT CRIMES
Article 22. 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; those who should
bear criminal responsibility shall be individually punished
according to the crimes they have committed.
Article 23. 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 principal criminal shall be given a heavier punishment
unless otherwise stipulated in the Specific Provisions of
this Law.
Article 24. An accomplice refers to any person who plays a
secondary or auxiliary role in a joint crime.
An accomplice shall, in comparison with a principal
criminal, be given a lighter or mitigated punishment or be
exempted from punishment.
Article 25. A person who is compelled or induced to
participate in a crime shall, according to the circumstances
of his crime and in comparison with an accomplice, be given
a mitigated punishment or be exempted from punishment.
Article 26. A person who instigates others to commit a crime
shall be punished according to the role he has played in the
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.
CHAPTER III PUNISHMENTS
SECTION 1 TYPES OF PUNISHMENTS
Article 27. Punishments are divided into principal
punishments and supplementary punishments.
Article 28. 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 29. The supplementary punishments are as follows:
(1) Fines;
(2) Deprivation of political rights; and
(3) Confiscation of property.
Supplementary punishments may be imposed independently.
Article 30. Deportation may be imposed independently or
supplementarily to a foreigner who commits a crime.
Article 31. If a victim has suffered economic losses as a
result of a crime, the criminal shall, in addition to
receiving a criminal sanction according to law, be sentenced
to make compensation for the economic losses in the light of
the circumstances.
Article 32. If the circumstances of a person's crime are
minor and do not require punishment, he may be exempted from
criminal sanctions; however, he may, according to the
different circumstances of each case, be reprimanded or
ordered to make a statement of repentance, offer an apology,
pay compensation for the losses or be subject to
administrative sanctions by the competent department.
SECTION 2 PUBLIC SURVEILLANCE
Article 33. The term of public surveillance shall not be
less than three months and not more than two years.
Public surveillance shall be decided by the judgment of a
people's court and executed by a public security organ.
Article 34. A criminal who is sentenced to public
surveillance must observe the following rules during the
term in which his sentence is being executed:
(1) observe laws and decrees, submit to supervision by the
masses and actively participate in collective productive
labour or work;
(2) report regularly on his own activities to the organ
executing the public surveillance; and
(3) report and obtain approval from the organ executing the
public surveillance for any change in residence or departure
from the area.
Criminals sentenced to public surveillance shall, while
engaged in labour, receive equal pay for equal work.
Article 35. 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 the masses
concerned.
Article 36. 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, each day spent in custody shall be considered as
two days of the term sentenced.
SECTION 3 CRIMINAL DETENTION
Article 37. A term of criminal detention shall not be less
than 15 days and not more than 6 months.
Article 38. Where a criminal is sentenced to criminal
detention, his 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 labour.
Article 39. 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, each day in custody shall be considered as one day
of the term sentenced.
SECTION 4 FIXED-TERM IMPRISONMENT AND LIFE IMPRISONMENT
Article 40. A term of fixed-term imprisonment shall not be
less than 6 months and not more than 15 years.
Article 41. A criminal sentenced to fixed-term imprisonment
or life imprisonment shall serve his sentence in prison or
another place for reform through labour. Anyone who is able
to work shall undergo reform through
labour.
Article 42. 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, each day in custody shall be considered as one day
of the term sentenced.
SECTION 5 THE DEATH PENALTY
Article 43. The death penalty shall only be applied to
criminals who have committed the most heinous crimes. If the
immediate execution of a criminal punishable be death is not
deemed necessary, a two-year suspension of execution may be
pronounced simultaneously with the imposition of the death
sentence; the criminal shall undergo reform through labour
and the results shall be observed.
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 approval. Death
sentences with a suspension of execution may be decided or
approved by a higher people's court.
Article 44. The death penalty shall not be imposed on
persons who had not reached the age of 18 at the time the
crime was committed or to women who are pregnant at the time
of trial. Persons who had reached the age of 16 but not the
age of 18 may be sentenced to death with a two-year
suspension of execution if the crime committed was
particularly serious.
Article 45. The death penalty shall be executed by means of
shooting.
Article 46. If a person sentenced to death with a suspension
of execution shows true repentence during the period of
suspension, his punishment shall be commuted to life
imprisonment upon the expiration of that two-year period; if
he shows true repentence and performs meritorious service,
his punishment shall be commuted to fixed-term imprisonment
of not less than 15 years and not more than 20 years upon
the expiration of that two-year period; if it is verified
that he has resisted reform in a flagrant manner, the death
penalty shall be executed upon the order or approval of the
Supreme People's Court.
Article 47. 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 commutation of sentence
is ordered.
SECTION 6 FINES
Article 48. The amount of any fine imposed shall be
determined according to the circumstances of the crime.
Article 49. 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 has
true difficulties in paying because of an unavoidable
disaster, the fine may be reduced or remitted according to
the circumstances.
SECTION 7 DEPRIVATION OF POLITICAL RIGHTS
Article 50. Deprivation of political rights refers to
deprivation of the following rights:
(1) the right to vote and to stand for election;
(2) the right provided for in Article 45 of the
Constitution;
(3) the right to hold a position in a state organ; and
(4) the right to hold a leading position in any enterprise,
institution or people's organization.
Article 51. A term of deprivation of political rights shall
not be less than one year and not more than five years,
except as stipulated in Article 53 of this Law.
If a person 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 52. Counterrevolutionaries shall be sentenced to
deprivation of political rights as a supplementary
punishment; where necessary, criminals who seriously
undermine public order may also be sentenced to deprivation
of political rights as a supplementary punishment.
Article 53. Criminals who are sentenced to death or to life
imprisonment shall be deprived of political rights for life.
If 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 and not more than ten years.
Article 54. 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 of course be in effect during the period in which the
principal punishment is being executed.
SECTION 8 CONFISCATION OF PROPERTY
Article 55. Confiscation of property refers to the
confiscation of part or all of the property personally owned
by a criminal.
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 56. If it is necessary to use a confiscated property
to repay legitimate debts that the criminal incurred before
his property is sealed under court orders, a people's court
shall so order it at the request of the creditors.
CHAPTER IV THE CONCRETE APPLICATION OF PUNISHMENTS
SECTION 1 SENTENCING
Article 57. When sentencing a criminal, a punishment shall
be imposed based on the facts, nature and circumstances of
the crime, the degree of harm done to society and the
relevant provisions of this Law.
Article 58. In cases where the circumstances of a crime call
for a heavier or a lighter punishment under the provisions
of this Law, the criminal shall be sentenced to a punishment
within the limits of the prescribed punishment.
Article 59. 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.
Even if the circumstances of a crime do not warrant a
mitigated punishment under the provisions of this Law, the
criminal may, upon decision of the judicial committee of a
people's court, be sentenced to a punishment less than the
prescribed punishment if, according to the particulars of
the case, even the minimum prescribed punishment would be
too severe.
Article 60. All property illegally obtained by a criminal
shall be recovered, or compensation shall be ordered.
Contrabands and possessions of the criminal that were used
in the crime shall be confiscated.
SECTION 2 RECIDIVISTS
Article 61. If a criminal commits another crime punishable
by fixed-term imprisonment or heavier penalty within three
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 62. A counterrevolutionary who commits another crime
of counterrevolution at any time after serving his sentence
or receiving a pardon shall be dealt with as a recidivist.
SECTION 3 VOLUNTARY SURRENDER
Article 63. Anyone who voluntarily surrenders after
committing a crime may be given a lighter punishment. Those
whose crimes are relatively minor may be given a mitigated
punishment or be exempted from punishment; those whose
crimes are relatively serious but who have performed
meritorious service may also be given a mitigated punishment
or be exempted from
punishment.
SECTION 4 COMBINED PUNISHMENT FOR SEVERAL CRIMES
Article 64. 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 decided
in such a way that it may not exceed the total of the terms
for all the crimes and must be longer than the maximum term
for any one of the crimes, depending on the circumstances of
each case. However, the term of public surveillance may not
exceed three years, the term of criminal detention may not
exceed one year, and fixed-term imprisonment may not exceed
twenty years.
If among the crimes there are any for which a supplementary
punishment if imposed, the supplementary punishment must
still be executed.
Article 65. If after a judgment has been pronounced but
before the punishment has been completely executed it is
discovered that before the judgment was pronounced the
criminal committed another crime for which he was 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 punishment to be executed
shall be determined on the basis of the punishments imposed
in the former and latter judgments and according to the
provisions of Article 64 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 66. 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 decided on the basis of the punishment
that remains to be executed for the former crime and the
punishment imposed for the latter crime and according to the
provisions of Article 64 of this Law.
SECTION 5 SUSPENSION OF SENTENCE
Article 67. 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 considered that suspension of the sentence
will not result in further harm to society.
If a supplementary punishment has been imposed on a criminal
whose sentence has been suspended, the supplementary
punishment must still be executed.
Article 68. The probation period for suspension of criminal
detention shall be not less than the term originally decided
and not more than one year, but it may not be less than one
month.
The probation period for suspension of fixed-term
imprisonment shall be not less than the term originally
decided and not more than five years, but 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 69. Suspension of sentence shall not be applied to
counterrevolutionary criminals or recidivists.
Article 70. A criminal whose sentence has been suspended
shall be turned over by the public security organ to the
unit to which he belongs or to a basic-level organization
for observation during the probation period for suspension.
If he commits no further crime, the punishment originally
decided shall not be executed upon the expiration of the
probation period for suspension; if he does commit further
crime, the suspension shall be revoked and the punishment to
be executed shall be decided on the basis of the punishments
for the former and latter crimes and according to the
provisions of Article 64 of this Law.
SECTION 6 COMMUTATION OF PUNISHMENT
Article 71. A criminal sentenced to public surveillance,
criminal detention, fixed-term imprisonment or life
imprisonment may have his punishment commuted if he shows
true repentance or performs meritorious service while
serving his sentence. However, after one or more
commutations, 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 ten years.
Article 72. A term of fixed-term imprisonment that is
commuted from a life imprisonment shall be counted from the
date the order of commutation is issued.
SECTION 7 PAROLE
Article 73. Criminals sentenced to fixed-term imprisonment
who have served more than half of the term of their original
sentence or criminals sentenced to life imprisonment who
have served not less than ten years of their term may be
granted parole if they show true repentance and will no
longer cause harm to society. If special circumstances
exist, the above restrictions relating to the term served
may be disregarded.
Article 74. The probation period for parole in the case of a
fixed-term imprisonment shall be equal to the portion of the
term that has not been completed; the probation period fro
parole in the case of life imprisonment shall be ten years.
The probation period for parole shall be counted from the
date the criminal is released on parole.
Article 75. A criminal who is granted parole shall be
subject to supervision by a public security organ during the
probation period for parole. If he commits no further crime
during that period, the punishment to which he was
originally sentenced shall be considered to have been
completely executed; if he does commit further crime, the
parole shall be revoked and the punishment to be executed
shall be decided on the basis of the unexecuted punishment
of the former crime and the punishment imposed for the
latter crime and according to the provisions of Article 64
of this Law.
SECTION 8 IMITATION
Article 76. Crimes shall not be prosecuted if the following
periods have elapsed:
(1) five years, when the maximum prescribed punishment is
fixed-term imprisonment of less than five years;
(2) ten years, when the maximum prescribed punishment is
fixed-term imprisonment of not less than five years but less
than ten years;
(3) fifteen years, when the maximum prescribed punishment is
fixed-term imprisonment of not less than ten years; and
(4) Twenty years, when the maximum prescribed punishment is
life imprisonment or death. If after twenty years it is
considered that a crime must be prosecuted, the matter must
be submitted to the Supreme People's Procuratorate for
approval.
Article 77. No limitation on the period for prosecution
shall be imposed with respect to criminals who escape from
investigation or trial after compulsory measures have been
adopted by a people's court, people's procuratorate or
public security organ.
Article 78. The limitation period for prosecution shall be
counted from the date of the crime; 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
former crime shall be counted from the date the latter crime
is committed.
CHAPTER V OTHER REVISIONS
Article 79. Crime that are not expressly defined in the
Specific Provisions of this Law may be determined and
punished in according to whichever article in the Specific
Provisions of this Law that covers the most closely
analogous crime, but the judgment shall be submitted to the
Supreme People's Court for approval.
Article 80. Where the provisions of this Law cannot be
completely applied in national autonomous areas, the organs
of state power of those autonomous regions or the provinces
concerned may formulate adoptive or supplementary provisions
based on the political, economic and cultural
characteristics of the local nationalities 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 81. "Public property" as mentioned in this Law
refers to the following:
(1) property owned by the whole people; and
(2) property owned collectively by working people.
Private property that is being managed, used or transported
by the state, people's communes, cooperatives, joint
ventures and people's organizations shall be treated as
public property.
Article 82. "Citizens' privately owned lawful property" as
mentioned in this Law refers to the following:
(1) Citizens' lawfully earned income, savings, houses and
other means of livelihood; and
(2) Any means of production such as plots of land, livestock
and trees that are under individual or family ownership or
use according to law.
Article 83. "State functionaries" as mentioned in this Law
refers to all personnel of state organs, enterprises and
institutions and other personnel who are engaged in public
service according to law.
Article 84. "Judicial functionaries" as mentioned in this
Law refers to personnel who have the functions of
investigation and interrogation, prosecution, adjudication
and supervision and management of criminals.
Article 85. "Serious injuries" as mentioned in this Law
refers to any of the following:
(1) injuries resulting in loss of a person's use of a limb
or in disfigurement;
(2) injuries resulting in loss of a person's hearing, sight
or the function of any other organ; and
(3) other injuries that cause grave harm to a person's
physical health.
Article 86. "Ringleader" as mentioned in this Law refers to
any criminal who has the role of organizing, planning or
directing a criminal group or a crowd assembled to commit a
crime.
Article 87. "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. 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
his complaint.
Article 88. "Not less than", "not more than" and "within" as
mentioned in this Law all include the given figure.
Article 89. The General Provisions of this Law are
applicable to other laws and decrees with provisions for
criminal punishments, unless otherwise provided in other
laws.
PART TWO SPECIFIC PROVISIONS
CHAPTER I CRIMES OF COUNTERREVOLUTION
Article 90. A "crime of counterrevolution" refers to any act
that is committed with the aim of overthrowing the political
power of the dictatorship of the proletariat and the
socialist system and endangers the People's Republic of
China.
Article 91. Whoever colludes with a foreign state in
plotting to jeopardize the sovereignty, territorial
integrity and security of China shall be sentenced to life
imprisonment or fixed-term imprisonment of not less than ten
years.
Article 92. Whoever plots to subvert the government or
dismember the state shall be sentenced to life imprisonment
or fixed-term imprisonment of not less than ten years.
Article 93. Whoever instigates, lures or bribes a state
functionary or a member of the armed forces, the people's
police or the people's militia to defect to the enemy and
turn traitor or to rise in rebellion shall be sentenced to
life imprisonment or fixed-term imprisonment of not less
than ten years.
Article 94. Whoever defects to the enemy and turns traitor
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years; if the
circumstances are serious or the case concerns the leading
of a group defection and betrayal, the offender shall be
sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment.
Whoever leads members of the armed forces, the people's
police or the people's militia to defect to the enemy and
turn traitor shall be sentenced to life imprisonment or
fixed-term imprisonment of not less than ten years.
Article 95. Ringleaders of an armed mass rebellion or others
whose criminal involvements are very serious shall be
sentenced to life imprisonment or fixed-term imprisonment of
not more than ten years; other active participants shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years.
Article 96. Ringleaders who gather a group to raid a prison
or organize a jailbreak or others whose criminal
involvements are very serious shall be sentenced to life
imprisonment or fixed-term imprisonment of not less than ten
years; other active participants shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than ten years.
Article 97. Whoever commits any of the following acts of
espionage or aiding the enemy shall be sentenced to
fixed-term imprisonment of not less than ten years or life
imprisonment or, if the circumstances are relatively minor,
to fixed-term imprisonment of not less than three years and
not more than ten years:
(1) Stealing, secretly gathering or supplying intelligence
for the enemy;
(2) Supplying arms and ammunition or other military
materials to the enemy; or
(3) Joining a secret service or espionage organization or
accepting a mission assigned by the enemy.
Article 98. Whoever organizes or leads a
counterrevolutionary group shall be sentenced to fixed-term
imprisonment of not less than five years; others who
actively participate in a counterrevolutionary group shall
be sentenced to fixed-term imprisonment of not more than
five years, criminal detention, public surveillance or
deprivation of political rights.
Article 99. Whoever organizes or uses feudal superstition,
superstitious sects or secret societies to carry on
counterrevolutionary activities shall be sentenced to
fixed-term imprisonment of not less than five years; if the
circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not more than five
years, criminal detention, public surveillance or
deprivation of political rights.
Article 100. Whoever, for the purpose of counterrevolution,
carries on any of the following acts of sabotage shall be
sentenced to life imprisonment or fixed-term imprisonment of
not less than ten years or, if the circumstances are
relatively minor, to fixed-term imprisonment of not less
than three years and not more than ten years:
(1) causing explosions, setting fires, breaching dikes and
using technical or other means to sabotage military
equipment, production facilities, communications or
transportation equipment, construction projects
dangerprevention equipment or other public structures or
public property;
(2) stealing state records or military materials or
plundering industrial or mining enterprises, banks, shops,
warehouses or other public property;
(3) hijacking ships, naval vessels, aircraft, trains, trams
or motor vehicles;
(4) directing the enemy to any bombing or shelling target;
and
(5) manufacturing, forcibly seizing or stealing guns or
ammunition.
Article 101. Whoever, for the purpose of counterrevolution,
spreads poisons, disseminates germs or kills or injures
people by other means shall be sentenced to life
imprisonment or fixed-term imprisonment of not less than ten
years; if the circumstances are relatively minor, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years.
Article 102. Whoever, for the purpose of counterrevolution,
commits any of the following acts shall be sentenced to
fixed-term imprisonment of not more than five years,
criminal detention, public surveillance or deprivation of
political rights, and ringleaders or others whose crimes are
very serious shall be sentenced to fixed-term imprisonment
of not less than five years:
(1) inciting the masses to resist or sabotage the
implementation of the state's laws or decrees; or
(2) propagandizing for and inciting the overthrow of the
political power of the dictatorship of the proletariat and
the socialist system, through counterrevolutionary slogans,
leaflets or by other means.
Article 103. If any crime of counterrevolution mentioned
above in this Chapter, except those mentioned in Articles
98, 99 and 102, causes especially serious harm to the state
and the people and the circumstances are especially
flagrant, the death penalty may be imposed.
Article 104. 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 105. Whoever sets fires, breaches dikes, causes
explosions or uses other dangerous means to sabotage
factories, mines, oilfields, harbours, rivers, water
sources, warehouses, dwellings, forests, farms, threshing
grounds, pastures, important pipelines, public buildings or
other public or private property and thereby endangers
public security, if serious consequences have not yet
resulted, shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years.
Article 106. Whoever sets fires, breaches dikes, causes
explosions, spreads poisons or uses other dangerous
techniques resulting in serious human injure or death or
great loss of public or private property shall be sentenced
to fixed-term imprisonment of not less than ten years, life
imprisonment or death.
Whoever negligently commits the crime mentioned in the
preceding paragraph shall be sentenced to fixed-term
imprisonment of not more than seven years or criminal
detention.
Article 107. Whoever sabotages trains, motor vehicles,
trams, ships or aircraft in a manner that is sufficient to
put trains, motor vehicles, trams, ships or aircraft in
danger of overturning or being destroyed, if serious
consequences have not yet resulted, shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than ten years.
Article 108. Whoever sabotages railroads, bridges, tunnels,
highways, airports, waterways, lighthouses or signs or
conducts other damaging activities in a manner that is
sufficient to put trains, motor vehicles, trams, ships or
aircraft in danger of overturning or being destroyed, if
serious consequences have not yet resulted, shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years.
Article 109. Whoever sabotages electric power or gas
facilities or other inflammable or explosive equipment and
thereby endangers public security, if serious consequences
have not yet resulted, shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
ten years.
Article 110. Whoever sabotages a means of transport,
transportation facilities, electric power or gas facilities,
or inflammable or explosive equipment and thereby causes
serious consequences shall be sentenced to fixed-term
imprisonment of not less than ten years, life imprisonment
or death.
Whoever negligently commits the crime mentioned in the
preceding paragraph shall be sentenced to fixed-term
imprisonment of not more than seven years or criminal
detention.
Article 111. Whoever sabotages broadcasting stations or
telegraph, telephone or other communications equipment and
thereby endangers public security shall be sentenced to
fixed-term imprisonment of not more than seven years or
criminal detention; if serious consequences have resulted,
the offender 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 more than seven years or criminal
detention.
Article 112. Whoever illegally manufactures, trades in or
transports guns or ammunition or steals or forcibly seizes
the guns or ammunition of state organs, members of the armed
forces, the police or the people's militia shall be
sentenced to fixed-term imprisonment of not more than seven
years; if the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than
seven years or life imprisonment.
Article 113. If a person engaged in communications or
transportation violates the rules and regulations and
thereby causes a serious accident resulting in serious
bodily injury or death or serious losses to public or
private property, 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 and not more than seven years.
Persons not engaged in communications or transportation who
commit a crime mentioned in the preceding paragraph shall be
punished in accordance with the provisions of the preceding
paragraph.
Article 114. If any staff member or worker of a factory,
mine, forestry centre, construction enterprise or other
enterprise or institution disobeys management and violates
the rules and regulations or forces workers to work in a
hazardous way in violation of the rules and thereby causes a
serious accident involving injury or death and 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 and not more than seven years.
Article 115. If anyone violates the regulations on the
control of explosive, inflammable, radioactive, poisonous or
corrosive materials and thereby causes a serious accident
during the production, storage, transportation or use of
those materials, and serious consequences result, 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 and not more than
seven years.
CHAPTER III CRIMES OF UNDERMINING THE SOCIALIST ECONOMIC
ORDER
Article 116. Whoever engages in smuggling in violation of
the Custom Law and relevant regulations, if the
circumstances are serious, shall, in addition to
confiscation of the smuggled articles and possible
imposition of a fine in accordance with the Customs Law and
relevant regulations, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention, and may concurrently be sentenced to confiscation
of property.
Article 117. Whoever engages in speculation in violation of
the laws and regulations on the control of monetary affairs,
foreign exchange, gold and silver, or on the administration
of industrial and commercial affairs, if the circumstances
are serious, shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention, or he
may concurrently or exclusively be sentenced to a fine or
confiscation or property.
Article 118. Whoever makes a regular business of smuggling
or illicit speculation, smuggles or speculates in huge
amounts or is the ringleader of a group that smuggles or
engages in illicit speculation shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than ten years, and may concurrently be sentenced to
confiscation of property.
Article 119. Any state functionary who takes advantage of
his office to commit the crime of smuggling or speculation
shall be given a heavier punishment.
Article 120. Whoever, for the purpose of profit,
counterfeits or resells ration coupons, if the circumstances
are serious, shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention, or he
may concurrently or exclusively be sentenced to a fine or
confiscation of property.
Ringleaders of a crime mentioned in the preceding paragraph
and other offenders in particularly serious cases of such
crime shall be sentenced to fixed-term imprisonment of not
less than three years and not more than seven years, and may
concurrently be sentenced to confiscation of property.
Article 121. In cases of tax evasion or refusal to pay taxes
in violation of tax laws and regulations, if the
circumstances are serious, the taxpayer shall be ordered to
pay the tax due and may be fined in accordance with the tax
laws and regulations; the person directly responsible shall
also be sentenced to fixed-term imprisonment of not more
than three years or criminal detention.
Article 122. Whoever counterfeits national currency or
traffics in counterfeited national currency shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than seven years and may concurrently be
sentenced to a fine or confiscation of property.
Ringleaders of the crime mentioned in the preceding
paragraph and other offenders in particularly serious cases
of such crime shall be sentenced to fixed-term imprisonment
of not less than seven years or life imprisonment and may
concurrently be sentenced to confiscation of property.
Article 123. Whoever counterfeits cheques, shares
certificates or other valuable securities shall be sentenced
to fixed-term imprisonment of not more than seven years and
may concurrently be sentenced to a fine.
Article 124. Whoever, for the purpose of profit,
counterfeits tickets for vehicles or ships, postage stamps,
tax stamps or invoices shall be sentenced to fixed-term
imprisonment of not more than two years, criminal detention
or a fine; if the circumstances are serious, he shall be
sentenced to fixed-term imprisonment of not less than two
years and not more than seven years and may concurrently be
sentenced to a fine.
Article 125. If anyone for purpose of retaliation or from
spite or other personal motives destroys machinery or
equipment, cruelly injures or slaughters draught animals or
uses other means to sabotage collective production, he 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 and not more than seven years.
Article 126. In cases of misappropriation of state funds and
materials that are allocated for disaster relief,
emergencies, flood control, case to disabled servicemen and
families of revolutionary martyrs and serviceman, and social
relief, if the circumstances are serious and major harm of
the interests of the state and the people has resulted, the
person directly responsible 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 and not more than seven years.
Article 127. Where an industrial or commercial enterprise
violates the laws and regulations on trademark
administration and counterfeits the registered trademark of
another enterprise, the person directly responsible shall be
sentenced to fixed-term imprisonment of not more than three
years, criminal detention or a fine.
Article 128. Whoever illegally cuts down trees or denudes
forests or other woodlands in violation of the laws and
regulations on forestry protection, if the circumstances are
serious, shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention and may
concurrently or exclusively be sentenced to a fine.
Article 129. Whoever, in violation of the laws and
regulations on the protection of aquatic resources, fishes
for aquatic products in an area where fishing is prohibited,
during a period when fishing is prohibited or using
implements or methods that are prohibited, if the
circumstances are serious, shall be sentenced to fixed-term
imprisonment of not more than two years, criminal detention
or a fine.
Article 130. Whoever, in violation of game laws and
regulations, hunts in a game reserve, during a period when
hunting is prohibited or using implements or methods that
are prohibited, thereby damaging rare birds, beasts or other
wild animal resources, if the circumstances are serious,
shall be sentenced to fixed-term imprisonment of not more
than two years, criminal detention or a fine.
CHAPTER IV CRIMES OF INFRINGING UPON THE RIGHTS OF THE
PERSON AND THE DEMOCRATIC RIGHTS OF CITIZENS
Article 131. The rights of the person, democratic rights and
other rights of citizens shall be protected from unlawful
infringement by any person or organization. If the
circumstances of unlawful infringement are serious, those
directly responsible shall be given criminal sanctions.
Article 132. Whoever intentionally commits homicide shall be
sentenced to death, life imprisonment or fixed-term
imprisonment of not less than ten years; if the
circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years.
Article 133. Whoever negligently kills another shall be
sentenced to fixed-term imprisonment of not more than five
years; if the circumstances are especially flagrant, the
offender shall be sentenced to fixed-term imprisonment of
not less than five years. Where this Law has other
provisions, such provisions shall prevail.
Article 134. Whoever intentionally inflicts bodily injury
upon another person shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention.
Whoever, by committing the crime mentioned in the preceding
paragraph, causes severe bodily injury to another person
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than seven years; if he causes
a person's death, he shall be sentenced to fixed-term
imprisonment of not less than seven years or life
imprisonment. Where this Law has other provisions, such
provisions shall prevail.
Article 135. Whoever negligently injures another person and
causes him severe bodily injury shall be sentenced to
fixed-term imprisonment of not more than two years or
criminal dentention; if the circumstances are especially
flagrant, the offender shall be sentenced to fixed-term
imprisonment of not less than two years and not more than
seven years. Where this Law has other provisions, such
provisions shall prevail.
Article 136. It shall be strictly forbidden to extort a
confession by torture. Any state functionary who extorts a
confession by torture shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention. Whoever causes injury or disability to a person
through corporal punishment shall be charged with the crime
of injury and given a heavier punishment.
Article 137. It shall be strictly forbidden to gather a
crowd for "beating, smashing and looting. " Whoever causes a
person's injury, disability or death through "beating,
smashing and looting" shall be punished for the crime of
injury or homicide. If articles of public or private
property are destroyed or forcibly taken, the ringleaders
shall be punished for the crime of robbery, in addition to
being ordered to provide restitution or compensation.
Whoever commits the crime mentioned in the preceding
paragraph may be sentenced exclusively to deprivation of
political rights.
Article 138. It shall be strictly forbidden to use any
method or means to implicate cadres or the people on false
charges. Whoever fabricates facts to implicate another
person (including a criminal) on false charges shall be
given a criminal sanction in the light of the nature,
circumstances, consequences and sentencing standards of the
crime that he falsely accused the other person of
committing. A state functionary who commits the crime of
false accusation shall be given a heavier punishment.
Where it is not a case of intentional false accusation but
rather a case of mistaken complaint or unsubstantiated
accusation, the provisions of the preceding paragraph shall
not apply.
Article 139. Whoever rapes a woman by force, threat or other
means shall be sentenced to fixed-term imprisonment of not
less than three years and not more than ten years.
Whoever has sexual relations with a girl under the age of 14
shall be deemed to have committed rape and shall be given a
heavier punishment.
If the circumstances of a crime mentioned in the preceding
two paragraphs are especially serious or a person's serious
bodily injury or death has been caused, the offender shall
be sentenced to fixed-term imprisonment of not less than ten
years, life imprisonment or death.
If two or more persons commit rape and violate the same
victim in succession, they shall be given a heavier
punishment.
Article 140. Whoever forces a woman to engage in
prostitution shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years.
Article 141. Whoever abducts and traffics in human beings
shall be sentenced to fixed-term imprisonment of not more
than five years; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than five years.
Article 142. Whoever violates the stipulations of the
electoral law and by violence, threat, deception, bribery or
other unlawful means sabotages elections or obstructs the
electorate in its free exercise of the right to vote and to
stand for election shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention.
Article 143. The unlawful detention of another person or the
unlawful deprivation of his personal freedom by any other
means shall be strictly prohibited. A violator shall be
sentenced to fixed-term imprisonment of not more than three
years, criminal detention or deprivation of political
rights. In circumstances where battery or humiliation has
occurred, the violator shall be given a heavier punishment.
Whoever commits the crime mentioned in the preceding
paragraph and causes serious bodily injury shall be
sentenced to fixed-term
imprisonment of not less than three years and not more than
ten years; if he causes a person's death, he shall be
sentenced to fixed-term imprisonment of not less than seven
years.
Article 144. Whoever unlawfully subjects another person to
public surveillance, 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.
Article 145. Whoever, by violence or other methods,
including the use of "big character posters" and "small
character posters, " publicly insults another person or
fabricates facts to defame him, 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.
The crime mentioned in the preceding paragraph shall be
handled only upon complaint, except where serious harm has
been done to the public order and to the interests of the
state.
Article 146. Any state functionary who abuses his power,
using his public office for private gain, in order to
retaliate against or frame complainants, petitioners or
critics or incriminate them on false charges 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 and not more than seven years.
Article 147. Any state functionary who unlawfully deprives
citizens of their legitimate freedom of religious belief and
infringes upon the customs and habits of minority
nationalities, if the circumstances are serious, shall be
sentenced to fixed-term imprisonment of not more than two
years or criminal detention.
Article 148. If, during an investigation or trial, any
witness, expert witness, recorder or interpreter
intentionally gives false evidence or makes a false expert
evaluation, record or translation concerning circumstances
that bear an important relation to a case, in order to frame
another person or conceal criminal evidence, he 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 and not more than seven years.
Article 149. Whoever conceals, destroys or unlawfully opens
another person's letters, 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.
CHAPTER V CRIMES OF PROPERTY VIOLATION
Article 150. Whoever takes public or private property by
force, threat or other methods shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than ten years.
If the circumstances of the crime mentioned in the preceding
paragraph are serious or grievous bodily injury or death has
been caused, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years, life imprisonment
or death and may concurrently be sentenced to confiscation
of property.
Article 151. Whoever steals, swindles or forcibly seizes a
relatively large amount of public or private property shall
be sentenced to fixed-term imprisonment of not more than
five years, criminal detention or public surveillance.
Article 152. A habitual thief or habitual swindler or anyone
who steals, swindles or forcibly seizes a huge amount of
public or private property shall be sentenced to fixed-term
imprisonment of not less than five years and not more than
ten years; if the circumstances are especially serious, he
shall be sentenced to fixed-term imprisonment of not less
than ten years or life imprisonment, and may concurrently be
sentenced to confiscation of property.
Article 153. If anyone commits a crime of theft, fraud or
forcible seizure and uses or threatens to use violence on
the spot in order to conceal booty, resist arrest or destroy
criminal evidence, he shall be punished in accordance with
Article 150 of this Law on the crime of robbery.
Article 154. Whoever extorts money or other public or
private property by blackmail shall be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years.
Article 155. Any state functionary who takes advantage of
his office to embezzle public property shall be sentenced to
fixed-term imprisonment of not more than five years or
criminal detention; if the amount involved is huge and the
circumstances are serious, he shall be sentenced to
fixed-term imprisonment of not less than five years; if the
circumstances and especially serious, he shall be sentenced
to life imprisonment or death.
For the crime mentioned in the preceding paragraph, the
offender shall be sentenced concurrently to confiscation of
property or ordered to make restitution or compensation.
If any person entrusted by state organs, enterprises,
institutions or people's organizations to perform public
duties commits the crime mentioned in the first paragraph of
this Article, he shall be punished in accordance with the
provisions of the two preceding paragraphs.
Article 156. Whoever intentionally destroys public or
private property, if the circumstances are serious, shall be
sentenced to fixed-term imprisonment of not more than three
years, criminal detention or a fine.
CHAPTER VI CRIMES OF OBSTRUCTING THE ADMINISTRATION OF
PUBLIC ORDER
Article 157. Whoever by means of force or threat obstructs a
state functionary from carrying out his functions according
to law or refuses to carry out legally effective judgments
or orders of people's courts shall be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention, a fine or deprivation of political
rights.
Article 158. It shall be prohibited for anyone to disturb
public order by any means. If the circumstances of the
public disturbance are so serious that work, production,
business, education or scientific research cannot be
conducted and the state and society suffer serious losses,
the ringleaders shall be sentenced to fixed-term
imprisonment of not more than five years, criminal
dentention, public surveillance or deprivation of political
rights.
Article 159. Where an assembled crowd disturbs order at
stations, wharves, civil airports, marketplaces, public
parks, theatres, cinemas, exhibition halls, sports grounds
or other public places, or an assembled crowd blocks traffic
or undermines traffic order or resists or obstructs public
security administration personnel 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, public surveillance or deprivation of political
rights.
Article 160. Where an assembled crowd engages in affrays,
creates disturbances, humiliates women or engages in other
hooligan activities that undermine public order, if the
circumstances are flagrant, the offenders shall be sentenced
to fixed-term imprisonment of not more than seven years,
criminal detention or public surveillance.
Ringleaders of hooligan groups shall be sentenced to
fixed-term imprisonment of not less than seven years.
Article 161. If a criminal escapes after being arrested or
held in custody according to law, in addition to being
sentenced for the crime he originally committed or being
made to serve the term to which he was originally sentenced,
he shall be additionally sentenced to fixed-term
imprisonment of not more than five years or criminal
detention.
Whoever commits the crime mentioned in the preceding
paragraph by means of force or threats shall be sentenced to
fixed-term imprisonment of not less than two years and not
more than seven years.
Article 162. Whoever harbours counterrevolutionaries or
giver false evidence to protect them shall be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention or public surveillance; if the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and
not more than ten years.
Whoever harbours other criminals or gives false evidence to
protect them shall be sentenced to fixed-term imprisonment
of not more than two years, criminal detention or public
surveillance; if the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less
than two years and not more than seven years.
Conspirators to a crime mentioned in the two preceding
paragraphs shall be punished as for a joint crime.
Article 163. Whoever, in violation of firearm control
regulations, secretly keeps firearms or ammunition and
refuses to relinquish them shall be sentenced to fixed-term
imprisonment of not more than two years or criminal
detention.
Article 164. Whoever manufactures or sells bogus medicines
for profit and thereby harms the people's health shall be
sentenced to fixed-term imprisonment of not more than two
years, criminal detention or public surveillance, or he may
concurrently or exclusively be sentenced to a fine; if
serious consequences have resulted, he shall be sentenced to
fixed-term imprisonment of not less than two years and not
more than seven years and may concurrently be sentenced to a
fine.
Article 165. Any practitioner of sorcerery or witchcraft who
takes advantage of superstition to spread rumour or swindle
money or other property shall be sentenced to fixed-term
imprisonment of not more than two years, criminal detention
or public surveillance; if the circumstances are serious,
the offender shall be sentenced to fixed-term imprisonment
of not less than two years and not more than ten years.
Article 166. Any practitioner of state functionary in order
to practise fraud 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 and not more than ten years.
Article 167. Whoever forges, alters, steals, forcibly seizes
or destroys the official documents, certificates or seals of
state organs, enterprises, institutions or people's
organizations 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 and not
more than ten years.
Article 168. Whoever, for the purpose of profit, assembles a
crowd to engage in gambling or makes gambling his profession
shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance
and may concurrently be sentenced to a fine.
Article 169. Whoever, for the purpose of profit, lures women
into prostitution or shelters them in prostitution shall be
sentenced to fixed-term imprisonment of not more than five
years, criminal detention or public surveillance; if the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than five years and
may concurrently be sentenced to a fine or confiscation of
property.
Article 170. Whoever, for the purpose of profit, produces or
sells pornographic books or pictures shall be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention or public surveillance and may
concurrently be sentenced to a fine.
Article 171. Whoever manufactures, sells or transports
opium, heroin, morphine or other narcotic drugs shall be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention and may concurrently be
sentenced to a fine.
Whoever manufactures, sells or transports the narcotic drugs
mentioned in the preceding paragraph continually or in large
quantities shall be sentenced to fixed-term imprisonment of
not less than five years, and may concurrently be sentenced
to confiscation of property.
Article 172. Whoever conceals goods that he clearly knows
were obtained by a criminal act or acts as a sales agent for
them shall be sentenced to fixed-term imprisonment of not
more than three years, criminal detention or public
surveillance, or he may concurrently or exclusively be
sentenced to a fine.
Article 173. Whoever, in violation of the laws and
regulations on protection of cultural relics, secretly
transports precious cultural relics for export shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years, and may concurrently be
sentenced to a fine; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than ten years or life imprisonment, and may
concurrently be sentenced to confiscation of property.
Article 174. Whoever intentionally damages precious cultural
relics, historic sites or scenic spots protected by the
state shall be sentenced to fixed-term imprisonment of not
more than seven years or criminal detention.
Article 175. Whoever intentionally damages the boundary
tablets, boundary markets or permanent survey indicators
along the national border shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention.
Any act committed for the purpose of treason shall be
punished as a crime of counterrevolution.
Article 176. Whoever, in violation of the exit and entry
regulations, secretly crosses the national boundary
(borderline), if the circumstances are serious, shall be
sentenced to fixed-term imprisonment of not more than one
year, criminal detention or public surveillance.
Article 177. Whoever, for the purpose of profit, organizes
or transports another person to secretly cross the national
boundary (borderline) shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention
or public surveillance and may concurrently be sentenced to
a fine.
Article 178. Whoever violates the national border health and
quarantine regulations and causes the spread of
quarantinable infectious diseases or causes a serious danger
of such diseases spreading shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention, or he may concurrently or exclusively be
sentenced to a fine.
CHAPTER VII CRIMES OF DISRUPTING MARRIAGE AND THE FAMILY
Article 179. Whoever forcibly interferes with another
person's freedom of marriage shall be sentenced to
fixed-term imprisonment of not more than two years or
criminal detention.
If anyone commiting the crime mentioned in the preceding
paragraph causes his victim's death, he shall be sentenced
to fixed-term imprisonment of not less than two years and
not more than seven years.
The crime mentioned in the first paragraph of this Article
shall be handled only upon complaint.
Article 180. Whoever has a spouse and commits bigamy or
whoever marries another person while clearly knowing that
the other has a spouse shall be sentenced to fixed-term
imprisonment of not more than two years or criminal
detention.
Article 181. Whoever cohabits with or marries a person while
clearly knowing that that person is the spouse of a member
of the armed forces in active service shall be sentenced to
fixed-term imprisonment of not more than three years.
Article 182. 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.
If anyone committing the crime mentioned in the preceding
paragraph causes serious injury or death to his victim, he
shall be sentenced to fixed-term imprisonment of not less
than two years and not more than seven years.
The crime mentioned in the first paragraph of this Article
shall be handled only upon complaint.
Article 183. Whoever refuses his proper 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 184. Whoever abducts a boy or girl under the age of
14, thereby cutting the child off from his family or
guardian, shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention.
CHAPTER VIII CRIMES OF DERELICTION OF DUTY
Article 185. Any state functionary who takes advantage of
his office to accept bribes shall be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention. The funds or articles that he received as bribes
shall be confiscated, and public funds or articles shall be
recovered.
Whoever commits the crime mentioned in the preceding
paragraph and causes the interests of the state or citizens
to suffer serious losses shall be sentenced to fixed-term
imprisonment of not less than five years.
Whoever offers or introduces a bribe to a state functionary
shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention.
Article 186. Any state functionary who divulges important
state secrets, in violation of state laws and regulations on
the protection of secrets, if the circumstances are serious,
shall be sentenced to fixed-term imprisonment of not more
than seven years, criminal detention or deprivation of
political rights.
If a person who is not a state functionary commits the crime
mentioned in the preceding paragraph, he shall be punished
in the light of the circumstances and in accordance with the
provisions of the preceding paragraph.
Article 187. Any state functionary who, because of neglect
of duty, causes public property or the interests of the
state and the people to suffer heavy losses shall be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention.
Article 188. Any judicial functionary who engages in
malpractice for the benefit of his friends and subjects to
prosecution a person he clearly knows to be innocent and
intentionally protects from prosecution a person he clearly
knows to be guilty, or intentionally twists the law,
confounding right and wrong, when rendering judgments or
orders, shall be sentenced to fixed-term imprisonment of not
more than five years, criminal detention or deprivation of
political rights; if the circumstances are particularly
serious, he shall be sentenced to fixed-term imprisonment of
not less than five years.
Article 189. Any judicial functionary who violates the laws
and regulations on prison management and subjects prisoners
or internees 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 and
not more than ten years.
Article 190. Any judicial functionary who releases a
criminal without authorization 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 and not more than ten years.
Article 191. Any postal and telecommunications worker who
opens, conceals or destroys mail or telegrams without
authorization shall be sentenced to fixed-term imprisonment
of not more than two years or criminal detention.
Whoever steals property while committing the crime mentioned
in the preceding paragraph shall be given a heavier
punishment under Article 155 on the crime of embezzlement.
Article 192. Any state functionary who commits a crime
mentioned in this Chapter, if the circumstances are minor,
may be given an administrative sanction by the competent
department in the light of the circumstances.
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