ORDER OF THE PRESIDENT OF THE PEOPLE'S
REPUBLIC OF CHINA
No. 83
The Criminal Law of the People's Republic of China, revised
at the Fifth Meeting of the Standing Committee of the Eighth
National People's Congress of the People's Republic of China
on March 14, 1997, is hereby promulgated and shall enter
into force as of the date of promulgation.
Jiang Zemin
President of the People's Republic of China
March 14, 1997
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, Revised at the Fifth
Session of the Eighth National People's Congress on March
14, 1997)
CONTENTS
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
PART ONE GENERAL PROVISIONS
CHAPTER I THE AIM, BASIC PRINCIPLES AND SCOPE OF APPLICATION
OF THE CRIMINAL LAW
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.
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.
CHAPTER II CRIMES
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 OF A CRIME
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.
SECTION 3 JOINT CRIMES
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.
CHAPTER III PUNISHMENTS
SECTION 1 TYPES OF PUNISHMENTS
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.
SECTION 2 PUBLIC SURVEILLANCE
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.
SECTION 3 CRIMINAL DETENTION
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.
SECTION 5 THE DEATH PENALTY
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.
SECTION 6 FINES
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
SECTION 1 SENTENCING
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.
SECTION 2 RECIDIVISTS
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.
SECTION 5 SUSPENSION OF SENTENCE
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.
SECTION 7 PAROLE
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.
SECTION 8 LIMITATION
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.
CHAPTER V OTHER PROVISIONS
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.
PART TWO SPECIFIC PROVISIONS
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 involving heavy casualties occurs or other serious
consequences ensue, the person who is directly responsible
for the accident 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 136 Whoever 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, if there are 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 137 Where any building, designing, construction or
engineering supervision unit, in violation of State
regulations, lowers the quality standard of a project and
thereby causes a serious accident, the person who is
directly responsible for the accident 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.
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 ECONOMY
SECTION 1 CRIMES OF PRODUCING AND MARKETING FAKE OR
SUBSTANDARD
COMMODITIES
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 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.
SECTION 2 CRIMES OF SMUGGLING
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 AND ENTERPRISES
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 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 who, in dealing with negotiable instruments,
accepts, pays or guarantees a negotiable instrument which is
at variance with the provisions in the Law on Negotiable
Instruments, thus causing heavy losses, 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.
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 190 Any State-owned company, enterprise or any other
State-owned unit that, against State regulations, deposits
foreign exchange outside China or illegally transfers
foreign exchange inside China out to any other countries
shall, if the circumstances are serious, 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 191 Whoever, while clearly knowing that the funds
are proceeds illegally obtained from drug-related crimes or
from crimes committed 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; 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 not less than
one time but not more than five times the amount he refuses
to pay.
Article 203 Any taxpayer who does not pay the taxes due and
adopts the means of transferring or concealing his property
so that the tax authorities cannot pursue the amount of
taxes in arrears shall, if the amount involved is over
10,000 yuan but under 100,000 yuan, 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 time but not more than five times the
amount of taxes in arrears; if the amount involved 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 taxes in arrears.
Article 204 Whoever, by filing false export declaration or
by any other deceptive means, obtains from the State a tax
refund for exports 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 one time but not more 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 detention; if the amount
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 amount 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.
Falsely making out special invoices for value-added tax or
any other invoices to defraud a tax refund for exports or to
offset tax money refers to any act of falsely making out the
said invoices for another, for oneself, or asking another to
do so for oneself, or recommending another to do so.
Article 206 Whoever forges or sells forged 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 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 number 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 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 DEMOCRATIC RIGHTS
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.
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 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.
Article 336 Whoever, without obtaining the qualification for
practising medicine, unlawfully practises medicine, 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 severe harm is caused to the health of
the person seeking medical service, 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 death is
caused, he shall be sentenced to fixed- term imprisonment of
not less than 10 years and shall also be fined.
Whoever, without obtaining the qualification for practising
medicine, undoes a contraception operation, or performs a
false contraception operation or an operation for
terminating gestation or for removing intrauterine devices,
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 severe harm is caused to the health
of the person seeking medical service, 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 death is
caused, he shall be sentenced to fixed-term imprisonment of
not less than 10 years and shall also be 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 RESOURCES
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 MANUFACTURING NARCOTIC DRUGS
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 MATERIALS
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 |