Criminal Law of the
People's Republic of China
(Adopted by the Second Session of the Fifth National People's
Congress on July 1, 1979 and amended by the Fifth Session of
the Eighth National People's Congress on March 14, 1997)
Table of Contents
Part I General Provisions
Chapter I Tasks, Basic Principles, and Scope of Application
of the Criminal Law
Chapter II Crimes
Section 1. Crime and Criminal Responsibility
Section 2. Preparation for a Crime, Criminal Attempt, and
Discontinuation of a Crime
Section 3. Joint Crimes
Section 4. Unit Crimes
Chapter III Punishments
Section 1. Types of Punishments
Section 2. Control
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 Service
Section 4. Combined Punishment for More Than One Crime
Section 5. Suspension of Sentence
Section 6. Reduction of Sentence
Section 7. Parole
Section 8. Limitation
Chapter V Other Provisions
PART II Special Provisions
Chapter I Crimes of Endangering National Security
Chapter II Crimes of Endangering Public Security
Chapter III Crimes of Undermining the Order of Socialist Market
Economy
Section 1. Crimes of Manufacturing and Selling Fake and Shoddy
Goods
Section 2. Crimes of Smuggling
Section 3. Crimes of Disrupting the Order of Company and Enterprise
Administration
Section 4. Crimes of Undermining the Order of Financial Management
Section 5. Crimes of Financial Fraud
Section 6. Crimes of Endangering Collection and Management
of Taxes
Section 7. Crimes of Infringing Upon Intellectual Property
Rights
Section 8. Crimes of Disrupting Market Order
Chapter IV Crimes of Infringing Upon the Rights of the Person
and the Democratic Rights of Citizens
Chapter V The Crime of Encroaching on Property
Chapter VI Crimes of Disrupting the Order of Social Administration
Section 1. Crimes of Disrupting Public Order
Section 2. Crimes of Disrupting Justice
Section 3. Crimes of Disrupting Administration of the Territory
(Border)
Section 4. Crimes of Disrupting Administration of Cultural
Relics
Section 5. Crimes of Endangering Public Health
Section 6. Crimes of Undermining Protection of Environmental
Resources
Section 7. Crimes of Smuggling, Trafficking, Transporting,
and Manufacturing Drugs.
Section 8. Crimes of Organizing, Forcing, Inducing, Housing,
and Introducing Prostitutes
Section 9. Crimes of Manufacturing, Selling, and Spreading
Obscene Publications
Chapter VII Crimes of Endangering the Interests of National
Defense
Chapter VIII Graft and Bribery
Chapter IX Crimes of Dereliction of Duty
Chapter X Crimes of Violation of Duty by Military Personnel
Supplementary Articles
Appendix I
Appendix II
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Part I General Provisions
Chapter I Tasks, Basic Principles, and Scope of Application
of the Criminal Law
Article 1. This law is formulated in accordance with the
Constitution and in light of the concrete experience of China
launching
a struggle against crime and the realities in the country,
with a view to punishing crime and protecting the people.
Article 2. The tasks of the PRC Criminal Law are to use punishment
struggle against all criminal acts to defend national
security, the political power of the people's democratic dictatorship,
and the socialist system; to protect state-owned property
and property collectively owned by the laboring masses; to
protect citizens' privately owned property; to protect citizens'
right
of the person, democratic rights, and other rights; to maintain
social and economic order; and to safeguard the smooth progress
of the cause of socialist construction.
Article 3. Any act deemed by explicit stipulations of law
as a crime is to be convicted and given punishment by law
and any
act that no explicit stipulations of law deems a crime is
not to be convicted or given punishment.
Article 4. Every one is equal before the law in committing
crime. No one is permitted to have privileges to transgress
the law.
Article 5. The severity of punishments must be commensurate
with the crime committed by an offender and the criminal
responsibility he bears.
Article 6. This law is applicable to all who commit crimes
within the territory of the PRC except as specially stipulated
by law.
This law is also applicable to all who commit crimes aboard
a ship or aircraft of the PRC.
When either the act or consequence of a crime takes place
within PRC territory, a crime is deemed to have been committed
within PRC territory.
Article 7. This law is applicable to PRC citizens who commit
the crimes specified in this law outside the territory of
the PRC;
but those who commit the crimes, provided that this law stipulates
a minimum sentence of less than a three-year fixed-term
imprisonment for such crimes, may not be dealt with.
This law is applicable to PRC state personnel and military
personnel who commit the crimes specified in this law outside
PRC
territory.
Article 8. This law may be applicable to foreigners, who
outside PRC territory, commit crimes against the PRC state
or
against its citizens, provided that this law stipulates a
minimum sentence of not less than a three-year fixed term
of imprisonment
for such crimes; but an exception is to be made if a crime
is not punishable according the law of the place where it
was
committed.
Article 9. This law is applicable to the crimes specified
in international treaties to which the PRC is a signatory
state or with
which it is a member and the PRC exercises criminal jurisdiction
over such crimes within its treaty obligations.
Article 10. Any person who commits a crime outside PRC territory
and according to this law bear criminal responsibility may
still be dealt with according to this law even if he has been
tried in a foreign country; however, a person who has already
received criminal punishment in a foreign country may be exempted
from punishment or given a mitigated punishment.
Article 11. The problem of criminal responsibility of foreigners
who enjoy diplomatic privileges and immunity is to be resolved
through diplomatic channels.
Article 12. If an act committed after the founding of the
PRC and before the implementation of this law was not deemed
a
crime under the laws at that time, the laws at that time are
to be applicable. If the act was deemed a crime under the
laws at that
time, and if under the provisions of Chapter IV, Section 8
of the general provisions of this law it should be prosecuted,
criminal
responsibility is to be investigated according to the laws
at that time. However, if this law does not deem it a crime
or imposes a
lesser punishment, this law is to be applicable.
The effective judgments that were made according to the laws
at that time before the implementation of this law will continue
to
be in force.
Chapter II Crimes
Section 1. Crimes and Criminal Responsibility
Article 13. All acts that endanger the sovereignty, territorial
integrity, and security of the state; split the state; subvert
the
political power of the people's democratic dictatorship and
overthrow the socialist system; undermine social and economic
order; violate property owned by the state or property collectively
owned by the laboring masses; violate citizens' privately
owned property; infringe upon citizens' rights of the person,
democratic rights. and other rights; and other acts that endanger
society, are crimes if according to law they should be criminally
punished. However, if the circumstances are clearly minor
and
the harm is not great, they are not to be deemed crimes.
Article 14. An intentional crime is a crime constituted as
a result of clear knowledge that one's own act will cause
socially
dangerous consequences, and of hope for or indifference to
the occurrence of those consequences.
Criminal responsibility shall be borne for intentional crimes.
Article 15. A negligent crime occurs when one should foresee
that one's act may cause socially dangerous consequences but
fails to do so because of carelessness or, having foreseen
the consequences, readily assumes he can prevent them, with
the
result that these consequences occur.
Criminal responsibility is to be borne for negligent crimes
only when the law so stipulates.
Article 16. Although an act objectively creates harmful consequences,
if it does not result from intent or negligence but rather
stems from irresistible or unforeseeable causes, it is not
a crime.
Article 17. A person who has reached the age of eighteen
who commits a crime shall bear criminal responsibility.
A person who has reached the age of fourteen but not the
age of eighteen who commits the crimes of intentionally killing
another
or intentionally injuring another, even causing serious injury
or death, and the crimes of rape, robbery, drug trafficking,
arson,
explosion, and poisoning shall bear criminal responsibility.
A person who has reached the age of fourteen but not the
age of eighteen who commits a crime shall be given a lesser
punishment or a mitigated punishment.
When a person is not criminally punished because he has not
reached the age of eighteen, the head of his family or guardian
is to
be ordered to subject him to discipline. When necessary, he
may also be given shelter and rehabilitation by the government.
Article 18. A mentally ill person who causes dangerous consequences
at a time when he is unable to recognize or unable to
control his own conduct is not to bear criminal responsibility
after being established through accreditation of legal procedures;
but his family or guardian shall be ordered to subject him
to strict surveillance and arrange for his medical treatment.
When
necessary, he will be given compulsory medical treatment by
the government.
A person whose mental illness is of an intermittent nature
shall bear criminal responsibility if he commits a crime during
a period
of mental normality.
A mentally ill person who commits a crime at a time when
he has not yet completely lost his ability to recognize or
control his
own conduct shall bear criminal responsibility but he may
be given a lesser or a mitigated punishment.
An intoxicated person who commits a crime shall bear criminal
responsibility.
Article 19. A deaf-mute or a blind person who commits a crime
may be given a lesser punishment or a mitigated punishment
or be exempted from punishment.
Article 20. Criminal responsibility is not to be borne for
an act of legitimate defense that is under taken to stop present
unlawful infringement of the state's and public interest or
the rights of the person, property or other rights of the
actor or of other
people and that causes harm to the unlawful infringer.
Criminal responsibility shall be borne where legitimate defense
noticeably exceeds the necessary limits and causes great harm.
However, consideration shall be given to imposing a mitigated
punishment or to granting exemption from punishment.
Criminal responsibility is not to be borne for a defensive
act undertaken against ongoing physical assault, murder, robbery,
rape,
kidnap, and other violent crimes that seriously endanger personal
safety that causes injury or death to the unlawful infringer
since
such an act is not an excessive defense.
Article 21. Criminal responsibility is not to be borne for
damage resulting from an act of urgent danger prevention that
must be
undertaken in order to avert the occurrence of present danger
to the state or public interest or the rights of the person,
property
rights, or other rights of the actor or of other people.
Criminal responsibility shall be borne where urgent danger
prevention exceeds the necessary limits and causes undue harm.
However, consideration shall be given according to the circumstances
to imposing a mitigated punishment or to granting
exemption from punishment.
The provisions of the first paragraph with respect to preventing
danger to oneself do not apply to a person who bears specific
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 is preparation of the
instruments or creation of the conditions for the commission
of a
crime.
One who prepares for a crime may, in comparison with one
who consummates the crime, be given a lesser punishment or
a
mitigated punishment or be exempted from punishment.
Article 23. Criminal attempt occurs when a crime has already
begun to be carried out but is not consummated because of
factors independent of the will of the criminal element.
One who attempts to commit a crime may, in comparison with
one who consummates the crime, be given a lesser punishment
or a mitigated punishment.
Article 24. Discontinuation of a crime occurs when, during
the process of committing a crime, the actor voluntarily
discontinues the crime or voluntarily and effectively prevents
the consequences of the crime from occurring.
One who discontinues a crime shall be exempted from punishment
when there is no harm done or be given a mitigated
punishment when there is harm done.
Section 3. Joint Crimes
Article 25. A joint crime is an intentional crime committed
by two or more persons jointly.
A negligent crime committed by two or more persons jointly
is not to be punished as a joint crime; those who should bear
criminal responsibility are to be punished separately according
to the crimes they have committed.
Article 26. A principal offender is one who organizes and
leads a criminal group in conducting criminal activities or
plays a
principal role in a joint crime.
A crime syndicate is a more or less permanent crime organization
composed of three or more persons for the purpose of jointly
committing crimes.
The head who organizes or leads a crime syndicate shall bear
criminal responsibility for all the crimes committed by the
syndicate.
A principal offender other that the one stipulated in the
third paragraph shall bear criminal responsibility for all
the crimes he
participated in, organized, or directed.
Article 27. An accomplice is one who plays a secondary or
supplementary role in a joint crime.
An accomplice shall, in comparison with a principal offender,
be given a lesser punishment or a mitigated punishment or
be
exempted from punishment.
Article 28. One who is coerced to participate in a crime
shall, according to the circumstances of his crime, be given
a
mitigated punishment or be exempted from punishment.
Article 29. One who instigates others to commit a crime shall
be punished according to the role he plays in the joint crime.
One who instigates a person under the age of eighteen to commit
a crime shall be given a heavier punishment.
If the instigated person does not commit the instigated crime,
the instigator may be given a lesser punishment or a mitigated
punishment.
Section 4. Crimes Committed by a Unit
Article 30. A company, enterprise, institution, organization,
or group which commits an act endangering society that is
considered a crime under the law shall bear criminal responsibility.
Article 31. A unit responsible for a criminal act shall be
fined. The person in charge and other personnel who are directly
responsible shall also bear criminal responsibility. Where
there are other stipulations in the Special Provisions of
this Law or
other laws, those stipulations shall apply.
Chapter III Punishments
Section 1. Types of Punishments
Article 32. Punishments are divided into principal punishments
and supplementary punishments.
Article 33. The types of principal punishments are:
(1) control;
(2) Criminal detention;
(3) fixed-term imprisonment;
(4) life imprisonment; and
(5) The death penalty.
Article 34. The types of supplementary punishments are:
(1) Fines;
(2) Deprivation of political rights; and
(3) Confiscation of property.
Supplementary punishments may also be applied independently.
Article 35. Deportation may be applied in an independent
or supplementary manner to a foreigner who commits a crime.
Article 36. Where the victim has suffered economic loss as
a result of a criminal act, the criminal element, in addition
to
receiving criminal sanctions according to law, shall in accordance
with the circumstances be sentenced to make compensation
for the economic loss.
Where the criminal element bears responsibility for civil
compensation and is also imposed a fine, if his property is
not enough to
pay the compensation and fine in full or if he has also been
sentenced to confiscation of property, he shall first pay
civil
compensation to the victim.
Article 37. Where the circumstances of a person's crime are
minor and do not require sentencing for punishment, an
exemption from criminal sanctions may be granted him, but
he may, according to the different circumstances of each case,
be
reprimanded or ordered to make a statement of repentance or
formal apology or make compensation for losses, or be
subjected to administrative sanctions by the competent department.
Section 2. Control
Article 38. The term of control is not less than three months
and not more than two years.
The judgment of control for a criminal element is executed
by a public security organ.
Article 39. A criminal element who is sentenced to control
must abide by the following rules during the term in which
his
control is being carried out:
(1) abide by laws and administrative regulations, submit
himself to supervision;
(2) shall not exercise the rights to freedom of speech, of
the press, of assembly, of association, of procession, and
of
demonstration without the approval of the organ executing
the control;
(3) report on his own activities pursuant to the rules of
the organ executing the control;
(4) abide by the rules of the organ executing the control
for meeting visitors;
(5) report and obtain approval from the organ executing the
control for a change in residence or departure from the city
or county.
A criminal element who is sentenced to control shall, while
engaged in labor, receive equal pay for equal work.
Article 40. Upon the expiration of the term of the control,
the organ executing the control shall announce the termination
of
control to the criminal element sentenced to control and to
the masses concerned.
Article 41. The term of control is counted as commencing
on the date the judgment begins to be executed; where custody
has
been employed before the judgment begins to be executed, the
term is to be shortened by two days for each day spent in
custody.
Section 3. Criminal Detention
Article 42. The term of criminal detention is not less a
month and not more than six months.
Article 43. A criminal element sentenced to criminal detention
is to have his sentence executed by the public security organ
in
the vicinity.
During the period of execution, a criminal element sentenced
to criminal detention may go home for one or two days each
month; consideration may be given according to the circumstances
to granting compensation to those who participate in labor.
Article 44. The term of criminal detention is counted as
commencing on the date the judgment begins to be executed;
where
custody has been employed before the judgment, the term is
to be shortened by one day for each day spent in custody.
Section 4. Fixed-Term Imprisonment And Life Imprisonment
Article 45. Except as otherwise provided in Articles 50 and
69 of this Law, the term of fixed-term imprisonment is not
less
than six months and not more than fifteen years.
Article 46. A criminal element sentenced to fixed-term imprisonment
or life imprisonment is to have his sentence executed in
prison or in another organ executing the sentence; anyone
with the ability to labor shall take part in labor, receive
education, and
undergo reform.
Article 47. The term of fixed-term imprisonment is counted
as commencing on the date the judgment begins to be executed;
where custody has been employed before the judgment begins
to be executed, the term is to be shortened by one day for
each
day spent in custody.
Section 5. The Death Penalty
Article 48. The death penalty is only to be applied to criminal
elements who commit the most heinous crimes. In the case of
a
criminal element who should be sentenced to death, if immediate
execution is not essential, a two-year suspension of execution
may be announced at the same time the sentence of death is
imposed.
Except for judgments made by the Supreme People's Court according
to law, all sentences of death shall be submitted to the
Supreme People's Court for approval. Sentences of death with
suspension of execution may be decided or approved by a high
people's court.
Article 49. The death penalty is not to be applied to persons
who have not reached the age of eighteen at the time the crime
is
committed or to women who are pregnant at the time of adjudication.
Article 50. If a person sentenced to death with a suspension
of execution dose not intentionally commit a crime during
the
period of suspension, he is to be given a reduction of sentence
to life imprisonment upon the expiration of the two-year period;
if
he demonstrates meritorious service, he is to be given a reduction
of sentence to not less than fifteen years and not more than
twenty years of fixed-term imprisonment upon the expiration
of the two-year period; if there is verified evidence that
he has
intentionally committed a crime, the death penalty is be executed
upon the approval of the Supreme People's Court.
Article 51. The term for suspending execution of a sentence
of death is counted as commencing on the date the judgment
becomes final. The term of a sentence that is reduced from
the death penalty with suspension of execution to fixed-term
imprisonment is counted as commencing on the date the suspension
of execution expires.
Section 6. Fines
Article 52. In imposing a fine, the amount of the fine shall
be determined according to the circumstances of the crime.
Article 53. A fine is to be paid in a lump sum or in installments
within the period specified in the judgment.
Upon the expiration of the period, one who has not paid is
to be compelled to pay. Where the person sentenced is unable
to
pay the fine in full, the people's court may collect whenever
he is found in possession of executable property.
If a person truly has difficulties in paying because he has
suffered irresistible calamity, consideration may be given
according to
the circumstances to granting him a reduction or exemption.
Section 7. Deprivation of Political Rights
Article 54. Deprivation of political rights is deprivation
of the following rights:
(1) The right to elect and the right to be elected;
(2) the right to freedom of speech, of the press, of assembly,
of association, of procession, and of demonstration;
(3) the right to hold a position in state organs; and
(4) the right to hold a leading position in a state-owned
company, enterprise, or institution or people's organization.
Article 55. The term of deprivation of political rights is
not less than one year and not more than five years, except
as
otherwise stipulated in Article 57 of this Law.
In situations where a person is sentenced to control and
to deprivation of political rights as a supplementary punishment,
the
term of deprivation of political rights is to be the same
as the term of control, and the punishments are to be executed
at the
same time.
Article 56. A criminal element endangering state security
shall be sentenced to deprivation of political rights as a
supplementary punishment; a criminal element guilty of murder,
rape, arson, explosion, spreading poison, or robbery who
seriously undermines social order may also be sentenced to
deprivation of political rights as a supplementary punishment.
Where deprivation of political rights is applied independently,
stipulations in the Special Provisions of this Law shall be
followed.
Article 57. A criminal element who is sentenced to death
or to life imprisonment shall be deprived of political rights
for life.
When the death penalty with a suspension of execution is
reduced to fixed-term imprisonment, or life imprisonment is
reduced
to fixed-term imprisonment, the term of the supplementary
punishment of deprivation of political rights shall be changed
to not
less than three years and not more than ten years.
Article 58. The term of the supplementary punishment of deprivation
of political rights is counted as commencing on the date
that imprisonment or criminal detention ends or on the date
that parole begins; the deprivation of political rights is
naturally to be
effective during the period in which the principal punishment
is being executed.
A criminal element who is deprived of political rights shall
abide by laws, administrative regulations, and relevant regulations
on
supervision and administration promulgated by public security
departments under the State Council; submit to supervision;
and
is forbidden from exercising rights stipulated in Article
54 of this Law.
Section 8. Confiscation of Property
Article 59. Confiscation of property is the confiscation
of part or all of the property personally owned by the criminal
element.
Where all of the property personally owned by the criminal
element is confiscated, living expenses shall be set aside
for the
criminal element himself and the dependents he supports.
When a sentence of confiscation of property is imposed, property
that belongs to or should belong to family members of the
criminal element may not be confiscated.
Article 60. Where it is necessary to use the confiscated
property to repay legitimate debts incurred by the criminal
element
before the property was confiscated, the debts shall be paid
at the request of the creditors.
Chapter IV The Concrete Application Of Punishments
Section 1. Sentencing
Article 61. When deciding the punishment of a criminal element,
the sentence shall be imposed on the basis of the facts of
the
crime, the nature and circumstances of the crime, and the
degree of harm to society, in accordance with the relevant
stipulations
of this law.
Article 62. Where the circumstances of a criminal element
are such as to give him a heavier punishment or a lesser punishment
under the stipulations of this law, he shall be sentenced
to a punishment within the legally prescribed limits of punishment.
Article 63. Where the circumstances of a criminal element
are such as to give him a mitigated punishment under the
stipulations of this law, he shall be sentenced to a punishment
below the legally prescribed punishment.
Although the circumstances of a criminal element do not warrant
giving him a mitigated punishment under the stipulations of
this
law, he too may be sentenced to a punishment below the legally
prescribed punishment based on the special situation of the
case and with the approval of the Supreme People's Court.
Article 64. All articles of property illegally obtained by
the criminal element shall be recovered or he shall be ordered
to make
restitution or pay compensation for them.
The legitimate property of the victims shall be promptly
returned. Contraband and articles of the criminal's own property
used
for committing the crime shall be confiscated.
Articles of confiscated property and fines shall be handed
over to the national treasury and shall not be diverted or
otherwise
disposed of.
Section 2. Recidivists
Article 65. A criminal element who has been sentenced to
a punishment of not less than fixed-term imprisonment and
who,
within five years after his punishment has been completely
executed or he has received a pardon, commits another crime
for
which he should be sentenced to a punishment of not less than
a fixed-term imprisonment is a recidivist and shall be given
a
heavier punishment. However, negligent commission of a crime
is an exception.
In situations where a criminal element is granted a parole,
the period stipulated in the preceding paragraph is to be
counted as
commencing on the date of expiration of the parole.
Article 66. Criminal elements endangering state security
who, at any time after their punishment has been completely
executed
or they have received a pardon, commit another crime endangering
state security are all to be treated as recidivists.
Section 3. Voluntary Surrender and Meritorious Service
Article 67. The act of voluntarily giving oneself up to the
police and giving a true account of one's crime after committing
it is
an act of voluntary surrender. Criminal elements who voluntarily
surrender may be given a lesser punishment or a mitigated
punishment. Those among them whose crimes are relatively minor
may be exempted from punishment.
Where criminal suspects, defendants, and criminals serving
sentences give a true account of their other crimes which
are not
known to the judicial organ, their actions are regarded as
an act of voluntary surrender.
Article 68. Criminal elements who perform meritorious service
by exposing other people's crimes that can be verified or
who
provide important clues leading the cracking of other cases
may be given a lesser punishment or a mitigated punishment.
Those
who performed major meritorious service may be given a mitigated
punishment or may be exempted from punishment.
Those who surrender themselves voluntarily and perform major
meritorious service after committing a crime shall be given
a
mitigated punishment or exempted from punishment.
Section 4. Combined Punishment For More Than One Crime
Article 69. If a person commits more than one crime before
judgment has been pronounced, except where he is sentenced
to
death or life imprisonment, the term of sentence that it is
decided to be executed, in consideration of the circumstances,
shall be
less than the total term for all the crimes but more than
the maximum term for any of the crimes; however, the term
of control
cannot exceed three years, the term of criminal detention
cannot exceed one year, and fixed-term imprisonment cannot
exceed
20 years.
If among the crimes there are any for which a supplementary
punishment is to be imposed, the supplementary punishment
must
still be executed.
Article 70. If, after judgment has been pronounced but before
the punishment has been completely executed, it is discovered
that, before judgment was pronounced, the sentenced criminal
element committed another crime for which he has not been
sentenced, a judgment shall be rendered for the newly-discovered
crime, and the punishment to be executed for the
punishments sentenced in the two, former and latter, judgments
decided according to the stipulations of Article 69 of this
law.
The term that has already been executed shall be counted in
the term decided by the new judgment.
Article 71. If after judgment has been pronounced but before
the punishment has been completely executed the sentenced
criminal element again commits a crime, a judgment shall be
rendered for the newly-committed crime, and the punishment
to be
executed for the punishment that has not been executed for
the former crime and the punishment imposed for the latter
crime
decided according to the stipulations of Article 69 of this
law.
Section 5. Suspension of Sentence
Article 72. A suspension of sentence may be pronounced for
a criminal element who has been sentenced to criminal detention
or to fixed-term imprisonment for not more than three years,
according to the circumstances of his crime and his demonstration
of repentance, and where applying a suspended sentence will
not in fact result in further harm to society.
If a criminal element for whom a suspension of sentence has
been pronounced has been sentenced to a supplementary
punishment, the supplementary punishment must still be executed.
Article 73. The probation period for suspension of criminal
detention is to be not less than the term originally decided
and not
more than one year, but it may not be less than two months.
The probation period for suspension of fixed-term imprisonment
is
to be not less than the term originally decided and not more
than five years, but it may not be less than one year.
The probation period for suspension is to be counted as commencing
on the date the judgment becomes final.
Article 74. Suspension of sentence is not to be applied to
recidivists.
Article 75. A criminal element for whom a suspension of sentence
has been pronounced shall observe the following
stipulations:
(1) observing the law and administrative statutes and accepting
supervision;
(2) reporting his activities in accordance with the stipulation
of the observing organ;
(3) following the observing organ's stipulation on meeting
visitors;
(4) reporting and applying to the observing organ for approval
before leaving or moving from the city or county of
residence.
Article 76. A criminal element for whom a suspension of sentence
has been pronounced is to be observed by the public
security organ during the probation period for suspension,
with his unit or the basic level organization taking coordinated
action.
Upon the expiration of the probation period for suspension,
public pronouncement that the punishment originally decided
is not
to be executed shall be made, provided there are no circumstances
as stipulated in Article 77 of this law.
Article 77. If a criminal element for whom a suspension of
sentence has been pronounced commits new crimes during the
probation period for suspension or is discovered that, before
judgment was pronounced, the sentenced criminal element
committed another crime for which he has not been sentenced,
the suspension is to be revoked and the punishment to be
executed for the punishments imposed for the former and latter
crimes is to be decided according to the stipulations of Article
69 of this law.
If, during the probation period for suspension, a criminal
element for whom a suspension of sentence has been pronounced
violates relevant provisions governing the supervision and
control of suspension of sentence provided for in the law,
administrative statutes, or regulations of public security
departments of the State Council, the suspension is to be
revoked and
the punishments originally imposed shall be executed.
Section 6. Reduction of Sentence
Article 78. A criminal element who is sentenced to control,
criminal detention, fixed-term imprisonment or life imprisonment
may have his sentence reduced if, during the period his punishment
is being executed, he earnestly observes prison regulations,
accepts reform through education, truly repents, or performs
meritorious service.
The sentence shall be reduced if any of the following meritorious
services are performed:
(1) preventing someone from engaging in major criminal activities;
(2) informing on major criminal activities in or outside
the prison that can be verified;
(3) making inventions or major technological renovations;
(4) risking his life to save others in day-to-day production
activities and life;
(5) performing outstanding service in combating natural disaster
or preventing major accidents;
(6) making other major contributions to the state or society.
For those sentenced to control, criminal detention, or fixed-term
imprisonment, the term of the punishment actually to be
executed may not, after reductions of sentence, 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. To receive reductions of sentence for criminal
elements, the organ executing the sentence shall submit letters
of
sentence reduction proposal to the people's court at or above
the intermediate level. The people's court shall form a collegial
panel to examine the proposals and to issue sentence reduction
orders for those who demonstrate true repentance and
performed meritorious service.
Article 80. The term of fixed-term imprisonment that is reduced
from life imprisonment is counted as commencing on the date
of the order reducing the sentence; no sentence reduction
shall be made without due legal process.
Section 7. Parole
Article 81. A criminal element sentenced to fixed-term imprisonment
of which not less than half has been executed, or a
criminal element sentenced to life imprisonment of which not
less than 10 years has actually been executed, may be granted
parole if he earnestly observes prison regulations, undergoes
reform through education, demonstrates true repentance, and
will
not cause further harm to society after being paroled. If
special circumstances exist, with the approval of the Supreme
People's
Court, the above restrictions relating to the term executed
need not be imposed.
Criminal elements who are recidivists or who are sentenced
to fixed-term imprisonment of more than 10 years or to life
imprisonment for murder, bombing, robbery, rape, kidnap, or
other violent crimes shall not be granted parole.
Article 82. The granting of parole to criminal elements shall
be carried out in accordance with the procedures stipulated
in
Article 79 of this law; no parole shall be granted without
due legal process.
Article 83. The probation period for parole in the case of
fixed-term imprisonment is the term that has not been completed;
the probation period for parole in the case of life imprisonment
is 10 years.
The probation period for parole is counted as commencing
on the date of parole.
Article 84. Criminal elements granted parole shall observe
the following stipulations:
(1) observing the law and administrative statutes and accepting
supervision;
(2) reporting his activities in accordance with the stipulation
of the supervising organ;
(3) observing the supervising organ's stipulation on meeting
visitors;
(4) reporting and applying to the observing organ for approval
before leaving or moving from the city or county of
residence.
Article 85. During the probation period for parole, a criminal
element who is granted parole is to be supervised by the public
security organs, and upon completion of the parole, if there
are no circumstances as stipulated in Article 86 of this law,
the
punishment to which he was originally sentenced is to be considered
as having been completely executed, and a public
pronouncement to the effect shall be made accordingly.
Article 86. If, during the probation period for parole, a
criminal element commits any further crime, the parole is
to be
revoked and the punishment is to be executed for the punishment
that has not been executed for the former crime and the
punishment imposed for the latter crime decided according
to the stipulations of Article 71 of this law.
If, during the probation period for parole, a criminal element
violates relevant provisions governing the supervision and
control of
suspension of sentence provided for in the law, administrative
statutes, or regulations of public security departments of
the State
Council but the violation does not constitutes a new crime,
the parole shall be revoked in accordance with the legal procedures
and the parolee shall be returned to prison to complete the
unfinished prison term.
Section 8. Limitation
Article 87. Crimes are not to be prosecuted where the following
periods have elapsed:
(1) in cases where the maximum legally-prescribed punishment
is fixed-term imprisonment of less than five years, where
five years have elapsed;
(2) in cases where the maximum legally-prescribed punishment
is fixed-term imprisonment of not less than five years and
less than ten years, where ten years have elapsed.
(3) in cases where the maximum fixed-term imprisonment is
not less than ten years, where fifteen years have elapsed.
(4) in cases where the maximum legally-prescribed punishment
is life-imprisonment or death, where twenty Years have
elapsed. If it is considered that a crime must be prosecuted
after twenty years, the matter must be submitted to the
Supreme People's Procuratorate for approval.
Article 88. No limitation on the period for prosecution is
to be imposed in cases where, after the people's procuratorates,
public security organs, or state security organs have filed
to investigate or after the people' s courts have decided
to hear the
cases, the criminal element escapes from investigation or
adjudication.
No limitation on the period for prosecution is to be imposed
in cases where, after the victims filed charges within the
period for
prosecution, the people' s court, people's procuratorates,
or public security organs refused to file for investigation
as they
should.
Article 89. The period for prosecution is counted as commencing
on the date of the crime; if the criminal act is of a continuous
or continuing nature, it is counted as commencing on the date
the criminal act is completed.
If any further crime is committed during the period for prosecution,
the period for prosecution of the former crime is counted
as
commencing on the date of the latter crime.
Chapter V Other Provisions
Article 90. In situations where the autonomous areas inhabited
by ethnic groups cannot completely apply the stipulations
of
this law, the people's congresses of the autonomous regions
or of the provinces may formulate alternative or supplementary
provisions based upon the political, economic, and cultural
characteristics of the local ethnic groups and the basic principles
of
the stipulations of this law, and these provisions shall go
into effect after they have been submitted to and approved
by the
National People's Congress Standing Committee.
Article 91. The term "public property" in this
law refers to the following property:
(1) property owned by the state;
(2) property owned collectively by the laboring masses;
(3) public donations to be used for aiding the poor and other
public services, or property of special funds.
Private property that is being managed, used or transported
by state organs, state-owned corporations, enterprises, collective
enterprises, and people's organizations is to be treated as
public property.
Article 92. The term "citizens' private property"
in this law refers to the following property:
(1) citizens' lawful income, savings, houses and other means
of livelihood;
(2) means of production that are under individual or family
ownership according to law;
(3) lawful property of independent businesses and private
enterprises;
(4) shares, stocks, securities and other property that are
under individual ownership according to law.
Article 93. The term "state personnel" in this
law refers to all personnel of state organs.
Personnel engaged in public service in state-owned corporations,
enterprises, institutions, and people's organizations; and
personnel which state organs, state-owned corporations, enterprises,
and institutions assign to engage in public service in
nonstate-owned corporations, enterprises, institutions, and
social organizations; as well as other working personnel engaged
in
public service according to the law, are to be treated as
state personnel.
Article 94. The term "judicial personnel" in this
law refers to personnel engaged in the functions of investigating,
prosecuting,
adjudicating, supervising and controlling offenders.
Article 95. The term "serious injury" in this law
refers to any one of the following injuries:
(1) injuries resulting in loss of the use of a person's limbs
or disfigurement;
(2) injuries resulting in loss of the use of a person's hearing,
sight, or functions of any other organ; or
(3) other injuries that cause grave harm to a person's physical
health.
Article 96. The phrase "violating state stipulations"
in this law refers to violation of laws and decisions formulated
by the
National People's Congress or the National People's Congress
Standing Committee; and administrative measures prescribed
in
administrative ordinance and regulations formulated by the
State Council; as well as decisions and decrees the State
Council
promulgated.
Article 97. The term "ringleader" in this law refers
to a criminal element who plays the role of organizing, planning
or directing
a criminal group or a crowd assembled to commit a crime.
Article 98. The phrase "To be handled only upon complaint"
in this law refers to handling a case only when the victim
files a
complaint. If the victim is unable to file a complaint because
of coercion or intimidation, a people's procuratorate and
the victim's
close relatives may also file the complaint.
Article 99. Such phrases as "not less than," "not
more than" and "within" in this law all include
the given figure.
Article 100. When people join the military, or seek employment,
those who received criminal punishments according to law
shall factually report to the relevant units the punishments
they had received and may not conceal them.
Article 101. The General Provisions of this law are applicable
to other laws and decrees with stipulations for criminal
punishments, but other laws having special stipulations are
exceptions.
Part II Special Provisions
Chapter I Crimes of Endangering National Security
Article 102. Whoever colludes with foreign states in plotting
to harm the motherland's sovereignty, territorial integrity
and
security is to be sentenced to life imprisonment or not less
than ten years of fixed-term imprisonment.
Whoever commits the crimes in the preceding paragraph in
collusion with institutions, organization, or individuals
outside the
country shall be punished according to the stipulations in
the preceding paragraph.
Article 103. Whoever organizes, plots, or acts to split the
country or undermine national unification, the ringleader,
or the one
whose crime is grave, is to be sentenced to life imprisonment
or not less than ten years of fixed-term imprisonment; other
active
participants are to be sentenced to not less than three but
not more than 10 years of fixed-term imprisonment; and other
participants are to be sentenced to not more than three years
of fixed-term imprisonment, criminal detention, control, or
deprivation of political rights.
Whoever instigates to split the country and undermine national
unification is to be sentenced to not more than five years
of
fixed-term imprisonment, criminal detention, control, or deprivation
of political rights; ringleaders or those whose crimes are
grave are to be sentenced to not less than five years of fixed-term
imprisonment.
Article 104. Whoever organizes, plots, or carries out armed
rebellion, or armed riots, the ringleaders, or those who crimes
are grave, are to be sentenced to life imprisonment, or not
less than 10 years of fixed-term imprisonment; the active
participants
are to be sentenced from not less than three to not more than
10 years of fixed-term imprisonment; and other participants
are to
be sentenced to not more than three years of fixed-term imprisonment,
criminal detention, control, or deprivation of political
rights.
Whoever instigates, coerces, lures, and bribes state personnel,
members of the armed forces, people's police or people's militia
to carry out armed rebellion or armed riot are to be heavily
punished according to the stipulations in the preceding paragraph.
Article 105. Whoever organizes, plots, or acts to subvert
the political power of the state and overthrow the socialist
system,
the ringleaders or those whose crimes are grave are to be
sentenced to life imprisonment, or not less than 10 years
of fixed-term
imprisonment; active participants are to be sentenced from
not less than three years to not more than 10 years of fixed-term
imprisonment; other participants are to be sentenced to not
more than three years of fixed-term imprisonment, criminal
detention, control, or deprivation of political rights.
Whoever instigates the subversion of the political power
of the state and overthrow the socialist system through spreading
rumors, slandering, or other ways are to be sentenced to not
more than five years of fixed-term imprisonment, criminal
detention, control, or deprivation of political rights; the
ringleaders and those whose crimes are grave are to be sentenced
to not
less than five years of fixed-term imprisonment.
Article 106. Whoever colludes with institutions, organizations,
or individuals outside the country and commits crimes
stipulated in Articles 103, 104, and 105 of this chapter are
to be heavily punished according to the stipulations in the
articles.
Article 107. When institutions, organizations, or individuals
inside or outside the country provide financial support for
organizations or individuals in the country to commit the
crimes stipulated in Articles 102, 103, 104, and 105, their
direct
persons in charge are to be sentenced to not more than five
years of fixed-term imprisonment, criminal detention, control,
or
deprivation of political rights; and if the case is serious,
they shall be sentenced to not less than five years of fixed-term
imprisonment.
Article 108. Whoever defects to the enemy and turns traitor
is to be sentenced to not less than three years and not more
than
ten years of fixed-term imprisonment; when the circumstances
are serious or when it is a case of leading a group of armed
personnel, people's police, or militia to defect to the enemy
and turn traitor, the sentence is to be not less than ten
years of
fixed-term imprisonment or life imprisonment.
Article 109. If a state organ personnel, during the time
of performing his public functions, leave his post without
authorization
and defects from the country; or if the defection takes place
when he is already outside the country, thereby endangering
the
PRC's national security, he is to be sentenced to not more
than five years of fixed-term imprisonment, criminal detention,
control, or deprivation of political rights; when the circumstances
are serious, he is to be sentenced to not less than five years
and not more than 10 years of fixed-term imprisonment.
When a state personnel handling state secrets commits the
crime in the preceding paragraph, he is to be heavily punished
according to the stipulations in the preceding paragraph.
Article 110. Whoever commits any of the following acts of
espionage and endangers national security is to be sentenced
to
not less than 10 years of fixed-term imprisonment or life
imprisonment; when the circumstances are relatively minor,
the
sentence is to be not less than three years and not more than
ten years of fixed-termed imprisonment:
(1) Joining an espionage organization or accepting a mission
assigned by it or its agent; or
(2) Pointing out bombing or shelling targets to the enemy.
Article 111. Whoever steals, secretly gathers, purchases,
or illegally provides state secrets or intelligence for an
organization,
institution, or personnel outside the country is to be sentenced
from not less than five years to not more than 10 years of
fixed-term imprisonment; when circumstances are particularly
serious, he is to be sentenced to not less than 10 years of
fixed-
term imprisonment, or life sentence; and when circumstances
are relatively minor, he is to be sentenced to not more than
five
years of fixed-term imprisonment, criminal detention, control,
or deprivation of political rights.
Article 112. Whoever supplies arms and ammunition or other
military materials to an enemy during war time is to be sentence
to not less than 10 years of fixed-term imprisonment or life
imprisonment; and when the circumstances are relatively minor,
he
will be sentenced a fixed-term imprisonment from not less
than three years to not more than 10 years.
Article 113. When one commits the aforementioned crimes in
this chapter that endanger national security -- except those
stipulated in the second clause of Article 103, and Articles
105, 107 and 109 -- and has incurred particularly serious
harms to
the country and the people, and the circumstances are particularly
vile, he may be sentenced to death.
Whoever commits the crimes in this chapter may also be punished
by having his property confiscated.
Chapter II Crimes of Endangering Public Security
Article 114. Whoever endangers public security by setting
fires, breaching dikes, causing explosions, administering
poison; or
employing other dangerous means to sabotage factories, mines,
oilfields, seaports, rivers, water sources, warehouses, dwellings,
forests, farms, threshing grounds, ranches, important pipelines,
public buildings, and other public and private property is
to be
sentenced to not less than three years but not more than 10
years of fixed-term imprisonment in cases where serious
consequences have not been caused.
Article 115. Whoever sets fire, breaches dikes, causes explosions,
and spreads poison; employs other dangerous means that
lead to serious injuries or death; or causes public or private
property major losses is to be sentenced to not less than
10 years of
fixed-term imprisonment, life imprisonment, or death.
Whoever commits the crimes in the preceding paragraph negligently
is to be sentenced to not less than three years to not more
than seven years of fixed-term imprisonment; or not more than
three years of fixed-term imprisonment, or criminal detention,
when circumstances are relatively minor.
Article 116. Whoever sabotages trains, motor vehicles, streetcars,
ships, or airplanes in a manner sufficient to threaten the
overturning or destruction of these trains, motor vehicles,
streetcars, ships, or airplanes is to be sentenced to not
less than three
years and not more than ten years of fixed-term imprisonment,
in cases when serious consequences have not been caused.
Article 117. Whoever sabotages railroads, bridges, tunnels,
highways, airports, waterways, lighthouses or signs, or conducts
other destructive activities in a manner sufficient to threaten
the overturning or destruction of trains, motor vehicles,
streets, ships
or airplanes, is to be sentenced to not less than three years
and not more than ten years of fixed-term imprisonment in
cases
where serious consequences have not been caused.
Article 118. Whoever endangers public security by sabotaging
electric power, gas or other combustible or explosive
equipment is to be sentenced to not less than three years
and not more than ten yeas of fixed-term imprisonment in cases
where
serious consequences have not been caused.
Article 119. Whoever causes serious consequences by sabotaging
means of transportation, transportation equipment, electric
power or gas equipment, or combustible or explosive equipment
is to be sentenced to not less than ten years of fixed-term
imprisonment, life imprisonment, or death.
Whoever commits the crime in the preceding paragraph negligently
is to be sentenced to not less than three years but not more
than seven years of fixed-term imprisonment; or not more than
three years of fixed-term imprisonment, or criminal detention
if
circumstances are relatively minor.
Article 120. Whoever organizes, leads, and actively participates
in a terrorist organization is to be sentenced to not less
than
three years but not more than 10 years of fixed-term imprisonment;
other participants are to be sentenced to not more than
three years of fixed-term imprisonment, criminal detention,
or control.
Whoever commits the crime in the preceding paragraph and
also commits murder, explosion, or kidnapping is to be punished
according to the regulations for punishing multiple crimes.
Article 121. Whoever hijacks an airplane through violence,
coercion, or other means is to be sentenced to not less than
10
years of fixed-term imprisonment or life imprisonment; or
death if the hijacking causes serious injuries, death, or
serious
destruction of the airplane.
Article 122. Whoever hijacks a ship or motor vehicle through
violence, coercion, or other means is to be sentenced to not
less than five years but not more than 10 years of fixed-termed
imprisonment; or not less than 10 years of fixed-term
imprisonment, of life imprisonment, if the hijacking causes
serious consequences.
Article 123. Whoever uses violence on personnel on an in-flight
airplane and endangers flying safety is to be sentenced to
not
more than five years of fixed-termed imprisonment or criminal
detention in case no serious consequences have been caused;
or
not less than five years of fixed-term imprisonment if serious
consequences have been caused.
Article 124. Whoever sabotages radio and television broadcasting
facilities, public telecommunications facilities, and
endangers public safety is to be sentenced to not less than
three years but not more than seven years of fixed-term
imprisonment; or not less than seven years of fixed-term imprisonment
if serious consequences have been caused.
Whoever commits the crime in the preceding paragraph negligently
is to be sentenced to not more than seven years of
fixed-term imprisonment; or not more than three years of fixed-term
imprisonment or criminal detention in case the
circumstances are relatively minor.
Article 125. Whoever illegally manufactures, trades, transports,
mails, or stocks up guns, ammunition, or explosives is to
be
sentenced to not less than three years but not more than 10
years of fixed-termed imprisonment; or not less than 10 years
of
imprisonment, life imprisonment, or death if the consequences
are serious.
Whoever illegally trades or transports nuclear materials
is to be punished according to stipulations in the preceding
paragraph.
If a unit commits the crime in the preceding two paragraphs,
the unit will be fined, and its direct person in charge and
other
persons in charge are to be punished according to the regulations
in the first paragraph.
Article 126. Any enterprises which are legally designated
or determined to manufacture or sell guns, violate the regulations
governing gun management by performing one of the following
acts, the units are to be fined and personnel who are in charge
and directly responsible together with other personnel who
are directly responsible are to be sentenced to not more than
five
years of fixed-term imprisonment; when the consequences are
serious, to not less than five years and not more than ten
years of
fixed-term imprisonment ; when the consequences are particularly
serious, to not less than 10 years of fixed- term imprisonment
or life imprisonment:
(1) for the purpose of illegal sale, manufacture or allocation
guns whose numbers exceed quotas or whose varieties do
not meet the regulations;
(2) for the purpose of illegal sale, manufacture guns without
a number, or with an overlapped number, or with a fake
number;
(3) illegally sell guns or sell guns manufactured for export
inside the territory .
Article 127. Whoever steals, seizes guns, ammunition, and
explosive articles is to be sentenced to not less than three
years
and not more than ten years of fixed-term imprisonment; when
the circumstances are serious, to not less than ten years
of
fixed-term imprisonment, life imprisonment, or death penalty.
Whoever steals guns, ammunition, explosive articles, or steals,
seizes guns, ammunition, explosive articles from the state's
organs, military and police personnel, people's militia is
to be sentenced to not less than ten years of fixed-term imprisonment,
life imprisonment, or death penalty.
Article 128. Whoever violates the regulations governing gun
management by owning or unlawfully possessing, guns and
ammunition is to be sentenced to not more than three years
of fixed-term imprisonment, criminal detention, or control;
when the
circumstances are serious, to not less than three years and
not more than seven years of fixed-term imprisonment.
Any personnel who are provided with official-use guns who
illegally lease or lend the guns are to be punished in accordance
with the previous paragraph.
Any personnel who are provided with official-use guns who
illegally lease or lend the guns, thereby causing serious
consequences are to be punished in accordance with the first
paragraph.
Any units committing such crimes as stated in the second
and third paragraph, are to be fined and personnel who are
in charge
and directly responsible are to be punished in accordance
with the regulation of the first paragraph.
Article 129. Any personnel who are provided with official-use
guns who lose the guns without reporting the loss in a timely
fashion, thereby causing serious consequences are to be sentenced
to not more than three years of fixed-term imprisonment or
criminal detention.
Article 130. Whoever illegally carries guns, ammunition,
controlled knives and tools, articles of an explosive, combustible,
radioactive, poisonous or corrosive nature into a public place
or public transportation vehicle, thereby endangering public
safety,
is to be sentenced, when the circumstances are serious, to
not more than three years of fixed-term imprisonment, detention,
or
control when the circumstances are serious.
Article 131. Any aviation personnel who violate the rules
and regulations thereby causing major air accidents and serious
consequences are to be sentenced to not more than three years
of fixed-term imprisonment or detention; when causing the
crash
of an airplane or the death of personnel are to be sentenced
to not less than three years and not more than seven years
of
fixed-term imprisonment.
Article 132. Any railway staff and workers who violate the
rules and regulations thereby giving rise to accidents affecting
the
safety of railway operation are to be sentenced to not less
than three years of fixed-term imprisonment or criminal detention;
when the consequences are particularly serious, to not less
than three years and not more than seven years of fixed-term
imprisonment.
Article 133. Whoever violates traffic and transportation
laws and regulations thereby giving rise to major accidents
involving
severe injuries, deaths, or great losses of public and private
properties are to be sentenced to not more than three years
of
fixed-term imprisonment; when fleeing the scene after an traffic
and transportation accident or under other particularly odious
circumstances, to not less than three years and not more than
seven years of fixed-term imprisonment; when running away
causes a person's death, to not less than seven years of fixed-term
imprisonment.
Article 134. The staff and workers of factories, mines, forestry
centers, construction enterprises or other enterprises and
institutions who do not submit to management and violate the
rules and regulations or force workers to work in a risky
way in
violation of the rules, thereby giving rise to major accidents
involving injury or death and causing other serious consequences,
are to be sentenced to not more than three years of fixed-term
imprisonment or criminal detention; when the circumstances
are
particularly odious, to not less than three years and not
more than seven years of fixed-term imprisonment.
Article 135. Any factories, mines, forestry centers, construction
enterprises or other enterprises and institutions that have
labor safety facilities failing to conform with the state's
regulations and do not take measures to prevent hidden dangers
after a
request was made by relevant departments or the units' staff
and workers, thereby giving rise to major accidents involving
injury
or death or other serious consequences, personnel who are
directly responsible are to be sentenced to not more than
three
years of fixed-term imprisonment or criminal detention; when
the circumstances are particularly odious, the sentence is
to be not
less than three years and not more than seven years of fixed-term
imprisonment.
Article 136. Whoever violates the regulations on the control
of articles of an explosive; combustible, radioactive, poisonous
or
corrosive nature, thereby giving rise to a major accident
in the course of production, storage, transportation or use
and causing
serious consequences, is to be sentenced to not more than
three years of fixed-term imprisonment or criminal detention;
when
the consequences are particularly serious, the sentence is
to be not less than three years and not more than seven years
of
fixed-term imprisonment.
Article 137. When construction, design, working, and engineering
supervision units violate the state's regulations by reducing
the quality standard of the projects, thereby giving rise
to a major safety accident, those who are directly responsible
are to be
sentenced to not more than five years of fixed-term imprisonment
or criminal detention, in addition to fine; when the
consequences are particularly serious, the sentence is to
be not less than five years and not more than ten years of
fixed-term
imprisonment, in addition to fine.
Article 138. When school buildings or educational and teaching
facilities are obviously known to be dangerous but measures
are not taken or reports are not made in a timely fashion,
thereby giving rise to a major accident, those who are directly
responsible are to be sentenced to not more than three years
of fixed-term imprisonment or criminal detention; when the
consequences are particularly serious, the sentence is to
be not less than three years and not more than seven years
of
fixed-term imprisonment.
Article 139. When rules of fire prevention and control are
violated and the notification, given by a supervision organ
of fire
prevention and control, to take corrective measures are refused,
thereby giving rise to severe consequences, those who are
directly responsible are to be sentenced to not more than
three years of fixed-term imprisonment or criminal detention;
when the
consequences are particularly serious, the sentence is to
be not less than three years and not more than seven years
of
fixed-term imprisonment.
Chapter III Crimes of Undermining the Order of Socialist Market
Economy
Section 1. Crimes of Manufacturing and Selling Fake and Shoddy
Goods
Article 140. Any producer or seller who mixes up or adulterates
products, passes fake imitations for genuine, sells seconds
at
best quality price, or passes unqualified products as qualified
ones, with a sale amount of not less than 50,000 yuan and
not
more than 200,000 yuan, is to be sentenced to not more than
two years of fixed-term imprisonment or criminal detention
and
may in addition or exclusively be sentenced to a fine of not
less than 50 percent and not more than 200 percent of the
sale
amount; when the sale amount is not less than 200,000 yuan
and not more than 500,000 yuan, is to be sentenced to not
less
than two years and not more than seven years of fixed-term
imprisonment and may in addition be sentenced to a fine of
not less
than 50 percent and not more than 200 percent of the sale
amount; when the sale amount is not less than 500,000 yuan
and not
more than 2 million yuan, is to be sentenced to not less than
seven years and may in addition be sentenced to a fine of
not less
than 50 percent and not more than 200 percent of the sale
amount; when the sale amount is not less than two million
yuan, is to
be sentenced to 15 years of fixed-term imprisonment or life
imprisonment and may in addition be sentenced to a fine of
not less
than 50 percent and not more than 200 percent of the sale
amount or confiscation of property.
Article 141. Whoever produces or sells fake medicines which
are sufficiently able to seriously endanger human health is
to be
sentenced to not more than three years of fixed-term imprisonment
or criminal detention and may in addition or exclusively be
sentenced to a fine of not less than 50 percent and not more
than 200 percent of the sale amount; when causing serious
harm to
human health, is to be sentenced to not less than three years
and not more than ten years of fixed-term imprisonment and
may in
addition be sentenced to a fine of not less than 50 percent
and not more than 200 percent of the sale amount; when causing
death or particular harm to human health, is to be sentenced
to not less than ten years of fixed-term imprisonment, life
imprisonment, or death penalty and may in addition be sentenced
to a fine of not less than 50 percent and not more than 200
percent of the sale amount or confiscation of property.
The fake medicines referred to in this article mean those
fake medicines as well as those medicines and non- medicines
that fall
into such a category as to be dealt with as fake medicines
in accordance with the regulations of the "Law of the
PRC Governing
the Management of Pharmaceutical Products."
Article 142. Whoever produces, sells inferior medicines,
thereby causing severe harm to human health is to be sentenced
to
not less than three years and not more than ten years of fixed-term
imprisonment and may in addition be sentenced to a fine of
not less than 50 percent and not more than 200 percent of
the sale amount; when the consequences are particularly serious,
the
sentence is to be not less than ten years of fixed-term imprisonment
and may in addition be sentenced to a fine of not less than
50 percent and not more than 200 percent of the sale amount
or confiscation of property.
The inferior medicines referred to in this article mean those
inferior pharmaceutical products that fall into the category
of inferior
medicines in accordance with the regulations of the "Law
of the PRC Governing the Management of Pharmaceutical Products."
Article 143. Whoever produces, sells foods that do not conform
with hygienic standards which sufficiently gives rise to food
poisoning accidents or other severe food- originated diseases
is to be sentenced to not more than three years of fixed-term
imprisonment and may in addition or exclusively be sentenced
to a fine of not less than 50 percent and not more than 200
percent of the sale amount; when causing serious harm to human
health, the sentence is to be not less than three years and
not
more than seven years of fixed-term imprisonment and may in
addition be sentenced to a fine of not less than 50 percent
and
not more than 200 percent of the sale amount; when the circumstances
are particularly serious, to be not less than seven years
of fixed-term imprisonment or life imprisonment and may in
addition be sentenced to a fine of not less than 50 percent
and not
more than 200 percent of the sale amount or confiscation of
property.
Article 144. Whoever produces, sells foods that are mixed
with poisonous or harmful non-food materials or knowingly
sells
such things is to be sentenced to not more than five years
of fixed-term imprisonment or criminal detention and may in
addition
or exclusively be sentenced to a fine of not less than 50
percent and not more than 200 percent of the sale amount;
when
causing serious food poisoning accidents or other serious
food-originated diseases and giving rise to serious harm to
human
health, the sentence is to be not less than five years and
not more than ten years of fixed-term imprisonment and may
in addition
be sentenced to a fine of not less than 50 percent and not
more than 200 percent of the sale amount; when causing death
or
particularly harm to human health, is to be punished in accordance
with article 141 of the law.
Article 145. Whoever produces medical apparatus and instruments,
and clinic-use sanitary materials which do not conform
with the standards of the state and the trade aiming at protecting
human health or knowingly sells such things, thereby giving
rise
to serious harm to human health is to be sentenced to not
more than five years of fixed-term imprisonment and may in
addition
be sentenced to a fine of not less than 50 percent and not
more than 200 percent of the sale amount; when the consequences
are particularly serious, the sentence is to be not less than
five years and not more than ten years of fixed-term imprisonment
and
may in addition be sentenced to a fine of not less than 50
percent and not more than 200 percent of the sale amount;
when the
circumstances are particularly odious, the sentence is to
be not less than ten years of fixed-term imprisonment or life
imprisonment and may in addition be sentenced to a fine of
not less than 50 percent and not more than 200 percent of
the sale
amount or confiscation of property.
Article 146. Whoever produces electrical appliances, pressure
containers, explosive and combustible products that do not
conform with the standards of the state and the trade aiming
to protect the human safety and property or other products
that do
not conform with such standards or knowingly sells the above-mentioned
products thereby giving rise to serious consequences
is to be sentenced to not more than five years of fixed-term
imprisonment and may in addition be sentenced to a fine of
not less
than 50 percent and not more than 200 percent of the sale
amount; when the consequences are particularly serious, the
sentence is to be not less than five years of fixed-term imprisonment
and may in addition be sentenced to a fine of not less than
50 percent and not more than 200 percent of the sale.
Article 147. Whoever produces fake insecticides, fake animal-use
medicines, fake chemical fertilizers or knowingly sells
insecticides, animal-use medicines, chemical fertilizers and
seeds which are fake or are no longer effective or any producer
or
seller who passes unqualified insecticides, animal-use medicines,
chemical fertilizers and seeds as qualified ones, thereby
giving
rise to relatively large losses in production is to be sentenced
to not more than three years of fixed-term imprisonment or
criminal detention and may in addition or exclusively be sentenced
to a fine of not less than 50 percent and not more than 200
percent of the sale amount; when causing grave losses in production,
is to be sentenced to not less than three years and not
more than seven years of fixed-term imprisonment and may in
addition be sentenced to a fine of not less than 50 percent
and
not more than 200 percent of the sale amount; when causing
particularly grave losses in production, is to be sentenced
to not
less than seven years of fixed-term imprisonment or life imprisonment
or confiscation of property.
Article 148. Production of cosmetics that fails to meet hygienic
standards or knowingly selling such cosmetics that cause
serious consequences shall be punished with imprisonment or
criminal detention of less than three years, and a fine of
over 50
percent but less than 100 percent of the sales amount.
Article 149. The production and selling of products prescribed
under Articles 141 to 148 of this Section that does not
constitute an offense under these articles but with sales
amount exceeding 50,000 yuan, shall be convicted and punished
according to provisions under Article 140 of this Section.
The production and selling of products prescribed under Articles
141 and 148 of this Section that constitutes an offense under
these articles and Article 140, shall be convicted and punished
under provisions carrying a heavier penalty.
Article 150. Units violating provisions between Articles
140 and 148 of this Section shall be punished with a fine,
with
personnel directly in charge and other directly responsible
personnel being punished according to provisions under the
respective articles.
Section 2. Smuggling Offenses
Article 151. Smuggling arms, ammunitions, nuclear materials,
or counterfeit currency notes shall be sentenced to imprisonment
of over seven years, with a fine or forfeiture of property;
for the less serious offenses to imprisonment of more than
three years
but less than seven years, and with fine.
Smuggling out of the country prohibited cultural relics,
gold, silver, and other precious metals and rare animals and
their
products shall be sentenced to imprisonment of over five years
with fine; for less serious offenses to imprisonment of less
than
five years with fine.
Smuggling out of the country prohibited rare plants and their
products shall be sentenced to imprisonment of less than five
years
with fine; or a fine alone; for serious cases, to imprisonment
of over five years with fine.
Offenses of an extraordinarily serious nature under Paragraphs
1 and 2 should be punished with life imprisonment or death,
with
forfeiture of property.
Units violating provisions under this article shall be fined,
with personnel directly in charge and other directly responsible
personnel being punished under the respective paragraphs of
this article.
Article 152. Smuggling obscene movies, video tapes, audio
tapes, pictures, books and journals, and other obscene articles
for profit or dissemination shall be punished with imprisonment
of more than three years but less than ten years with fine;
for
offenses of a serious nature to over ten years of imprisonment
or life imprisonment, with fine or forfeiture of property;
for
offenses of a less serious nature to imprisonment or criminal
detention or restraint of less than three years, and with
fine.
Units committing offenses under the preceding paragraph shall
be punished with a fine, with personnel directly in charge
and
other directly responsible personnel being punished under
provisions of the preceding paragraph.
Article 153. Smuggling goods and articles not mentioned in
Articles 151, 152, and 347, as mentioned in Article 153, shall
be
respectively punished according to the following provisions,
depending on seriousness of the offense:
(1) smuggling goods and articles carrying a tax of over 500,000
yuan shall be punished with imprisonment of over 10
years or life imprisonment, with a fine of over 100 percent
but less than 500 percent of the evaded taxes, or forfeiture
of
property. Offenses of an extraordinary serious nature shall
be punished according to provisions under Paragraph 4 of
Article 151 of this law.
(2) smuggling goods and articles carrying a tax over 150,000
yuan but less than 500,000 yuan shall be punished with
imprisonment of over three years but less than 10 years, with
a fine of over 100 percent but less than 500 percent of the
evaded taxes. Offenses of an extraordinarily serious nature
shall be punished with imprisonment of over 10 years or life
imprisonment, with a fine of over 100 percent but less than
500 percent of the evaded taxes, or forfeiture of property.
(3) smuggling goods and articles carrying a tax over 50,000
yuan and less than 150,000 yuan shall be punished with
imprisonment or criminal detention of less than three years,
with a fine of over 100 percent and less than 500 percent
of
the evaded taxes.
Units committing offenses under the preceding paragraph shall
be punished with a fine, with personnel directly in charge
and
other directly responsible personnel being sentenced to imprisonment
or criminal detention of less than three years; and, for
cases of a serious nature, to imprisonment of over three years
and less than 10 years; and -- for cases of an extraordinary
serious nature -- to imprisonment of over 10 years.
For smuggling cases not being detected for several occasions,
fines should be based on an accumulation of all evaded taxes
of
such goods and articles.
Article 154. The following smuggling cases that constitute
an offense under provisions of this section shall be convicted
and
sentenced according to provisions under Article 153 of this
law:
(1) without the approval of the Customs and before settling
defaulted taxes, sale for profit in China of bonded goods
approved for import for the purposes of processing, assembly,
and compensated trade, including raw and processed
materials, parts, finished products, and equipment; and
(2) without the approval of the Customs and before settling
defaulted taxes, sale for profits in China of goods and articles
with reduced import duties or tax exemption.
Article 155. The following acts shall be regarded as smuggling
offenses and punished according to the relevant provisions
under this Section:
(1) those who illegally and directly buy from smugglers goods
whose import has been banned by the state, or buy directly
from smugglers other smuggled goods and articles in relatively
large quantities;
(2) those who transport, buy, or sell, in inland seas or
territorial waters, goods whose import has been banned by
the
state; or transport, buy, or sell goods whose import has been
restricted by the state, in relatively large quantity and
without legal documentation; and
(3) those who ship solid wastes into the country without
being detected by the Customs.
Article 156. Whoever colludes with smugglers by supplying
them with loans, funds, accounts, invoices, proofs, or such
conveniences as transportation, safe- keeping, and mailing
services, shall be regarded and punished as smuggling accomplices.
Article 157. Whoever provides armed escort to smugglers shall
be seriously punished according to provisions under the first
and fourth paragraphs of Article 151 of this law.
Whoever resorts to violence and threatening measures while
resisting Customs detection shall be punished for smuggling
and
obstructing state organ personnel from enforcing their lawful
duties provided under Article 277 of this law, and shall be
punished
for all offenses committed.
Section 3. Offenses Against Company and Enterprise Management
Order
Article 158. Using forged certifications to apply for company
registration or using other fraudulent means to falsely declare
registered capital with intent to deceive company registration
departments, where the registered capital so falsely declared
is
large in figures with serious consequences or of a severe
nature, shall be punished by imprisonment or criminal detention
of less
than three years, with a fine or a separately imposed fine
of over 1 percent but less than 5 percent of the falsely declared
registered capital.
Units committing offenses under the preceding paragraph shall
be punished with a fine, with personnel directly in charge
and
other directly responsible personnel being punished with imprisonment
or criminal detention of less than three years.
Article 159. Company promoters, shareholders who, in violation
of provisions under the Company law, fail to pay up with
currency notes, provide actual property, or transfer property
rights; or falsely claim to have paid up the capital; or withdraw
their capital upon registration of company, where the amount
involved is large with serious consequences or of a serious
nature,
shall be punished with imprisonment or criminal detention
of less than five years, with a fine or a separately imposed
fine of over
2 percent but less than 10 percent of the amount of capital
so falsely claimed to have been paid up or so withdrawn.
Units committing offenses under the preceding paragraph shall
be punished with a fine, with personnel directly in charge
and
other directly responsible personnel being punished with imprisonment
or criminal detention of less than five years.
Article 160. Concealment of material facts or fabrication
of major fraudulent contents in share-soliciting prospectuses,
share-subscription applications, and bond solicitation by
companies and enterprises for the purpose of issuing shares
or
company or enterprise bonds shall, in cases involving large
amounts, with serious consequences, or of a serious nature,
be
punished with imprisonment or criminal detention of less than
five years, with a fine or a separately imposed fine of over
1
percent and less than 5 percent of the illegally raised capital.
Units committing offenses under the preceding paragraph shall
be punished with a fine, with personnel directly in charge
and
other personnel directly responsible being punished with imprisonment
or criminal detention of less than five years.
Article 161. Personnel directly in charge and other directly
responsible personnel of a company that presents false financial
accounts or financial accounts with concealment of material
facts to its shareholders and members of the public, that
seriously
hurt their interests, shall be punished with imprisonment
or criminal detention of less than three years, with a fine
or a separately
imposed fine of over 20,000 yuan and less than 200,000 yuan.
Article 162. Personnel directly in charge and other directly
responsible personnel of a company or an enterprise that,
during
its liquidation process, conceal property or make false entries
in its balance sheet or asset list, or distribute company
or
enterprise assets before repaying debts that seriously hurt
the interests of creditors and other people, shall be punished
with
imprisonment or criminal detention of less than five years,
with a fine or a separately imposed fine of over 20,000 yuan
but less
than 200,000 yuan.
Article 163. Enterprise work personnel who make use of their
job opportunity to demand property from others, or illegally
receive others property in exchange for benefits, shall, in
cases involving relatively large amounts, be punished with
imprisonment
or criminal detention for less than five years; for cases
involving a large amount, with imprisonment of over five years,
and may
be subject to forfeiture of property.
Company and enterprise work personnel, who, in the course
of economic contacts, receive personal kick-backs and
commissions in various forms in violation of state rules,
shall be punished according to provisions under the preceding
paragraph.
Personnel performing public duties in state-owned companies
and enterprises, and personnel assigned by state- owned
companies and enterprises to non-state-owned companies and
enterprises for performance of public duties found to be
committing the acts mentioned in the two preceding paragraphs,
shall be convicted and punished according to provisions under
Articles 385 and 386 of this law.
Article 164. Offering property to company and enterprise
work personnel for improper benefits shall in cases involving
relatively large amounts be punished with imprisonment or
criminal detention for less than three years, for cases involving
a large
amount, with imprisonment of over three years but less than
10 years, and with fine.
Units committing offenses under the preceding paragraph shall
be punished with a fine, with personnel directly in charge
and
other directly responsible personnel being punished according
to provisions of the preceding paragraph.
A briber who confesses his bribery act before prosecution
may receive a lighter sentence or a waiver for punishment.
Article 165. Directors and managers of state-owned companies
or enterprises who, in order to gain illegal benefits, make
use
of their job opportunity to conduct for themselves or others
business similar to that conducted by companies or enterprises
to
which they attach, shall, in cases involving a large amount,
be punished with imprisonment or criminal detention for less
than
three years, with a fine or a separately imposed fine, for
cases involving extraordinarily large amounts, with imprisonment
of over
three years but less than seven years, and with fine.
Article 166. Work personnel in state-owned companies, enterprises,
or institutions, who use their job opportunity to commit
the following acts that seriously hurt state interests, shall
be punished with imprisonment or criminal detention of less
than three
years, with a fine or a separately imposed fine; for cases
that cause extraordinary huge losses to state interests, with
imprisonment of over three years and less than seven years,
and with fine:
(1) offering profitable business conducted by their own units
to their relatives and friends for operation;
(2) buying merchandise from units operated and managed by
their relatives and friends at a price apparently higher than
market price or selling merchandise to units operated and
managed by their relatives and friends at a price apparently
lower than market price; or
(3) buying substandard merchandise from units operated and
managed by their relatives and friends.
Article 167. People directly in charge of state-owned companies,
enterprises, or institutions who are defrauded because of
serious irresponsibility during the process of signing or
fulfilling contracts and thus cause great damage to national
interests shall
be sentenced to not more than three years in prison or criminal
detention. If they cause especially serious damage to national
interests, they shall be sentenced to not less than three
years and not more than seven years in prison.
Article 168. People directly in charge of state-owned companies
or enterprises who cause their companies or enterprises to
go bankrupt or suffer serious losses through the practice
of favoritism and thus cause great damage to national interests
shall be
sentenced to not more than three years in prison or criminal
detention.
Article 169. People directly in charge of state-owned companies
or enterprises or higher competent departments who cause
great damage to national interests by practicing favoritism
and converting state-owned assets into low-value stocks or
selling
them at a low price shall be sentenced to not more than three
years in prison or criminal detention.
They shall be sentenced to not less than three years and
not more than seven years in prison if they cause especially
serious
damage to national interests.
Section 4. The Crimes of Undermining the Order of Financial
Management
Article 170. Whoever counterfeits money shall be sentenced
to not less than three years and not more than 10 years in
prison.
In addition, he or she shall be fined not less than 50,000
yuan and not more than 500,000 yuan. In any of the following
circumstances, he or she shall be sentenced to not less than
10 years in prison, life imprisonment, or death. In addition,
he or she
shall be fined not less than 50,000 yuan and not more than
500,000 yuan or have his or her property confiscated:
(1) Where the individual concerned is the ringleader of a
money-counterfeiting ring;
(2) Where the amount of money involved is especially large;
(3) Other especially serious circumstances.
Article 171. Whoever sells or buys a substantial amount of
counterfeit money or transports it with the full knowledge
that it is
counterfeit shall be sentenced to not more than three years
in prison or criminal detention. In addition, he or she shall
be fined
not less than 20,000 yuan and not more than 200,000 yuan.
If the amount involved is large, he or she shall be sentenced
to not
less than three years and not more than 10 years in prison.
In addition, he or she shall be fined not less than 50,000
yuan and
not more than 500,000 yuan. If the amount is especially huge,
he or she shall be sentenced to not less than 10 years in
prison or
life imprisonment. In addition, he or she shall be fined not
less than 50,000 yuan and not more than 500,000 yuan or have
his or
her property confiscated.
Employees of banks or other financial institutions who buy
counterfeit money or take advantage of their positions to
trade
counterfeit money for real currency shall be sentenced to
not less than three years and not more than 10 years in prison.
In
addition, they shall be fined not less than 20,000 yuan and
not more than 200,000 yuan. If the amount involved is large
or if the
circumstances are serious, they shall be sentenced to not
less than 10 years in prison or life imprisonment. In addition,
they shall
be fined not less than 20,000 yuan and not more than 200,000
yuan or have their property confiscated. If the circumstances
are
not so serious, they shall be sentenced to not more than three
years in prison or criminal detention.
They shall be fined, additionally or exclusively, not less
than 10,000 yuan and not more than 100,000 yuan.
Whoever counterfeits money and sells or transports the counterfeit
money shall be convicted and given stiff punishment in
accordance with the provisions in Article 170 of this law.
Article 172. Whoever knowingly possesses or uses a substantial
amount of counterfeit money shall be sentenced to not more
than three years in prison or criminal detention. He or she
shall be fined, additionally or exclusively, not less than
10,000 yuan
and not more than 100,000 yuan. If the amount involved is
large, he or she shall be sentenced to not less than three
years and
not more than 10 years in prison. In addition, he or she shall
be fined not less than 20,000 yuan and not more than 200,000
yuan. If the amount is especially large, he or she shall be
sentenced to not less than 10 years in prison. In addition,
he or she
shall be fined not less than 50,000 yuan and not more than
500,000 yuan or have his or her property confiscated.
Article 173. Whoever alters a substantial amount of money
shall be sentenced to not more than three years in prison
or
criminal detention. He or she shall be fined, additionally
or exclusively, not less than 10,000 yuan and not more than
100,000
yuan. If the amount is large, he or she shall be sentenced
to not less than three years and not more than 10 years in
prison. In
addition, he or she shall be fined not less than 20,000 yuan
and not more than 200,000 yuan.
Article 174. Whoever sets up a commercial bank or any other
financial institution without the People's Bank of China's
permission shall be sentenced to not more than three years
in prison or criminal detention. He or she shall be fined,
additionally
or exclusively, not less than 20,000 yuan and not more than
200,000 yuan. If the circumstances are serious, he or she
shall be
sentenced to not less than three years and not more than 10
years in prison. In addition, he or she shall be fined not
less than
50,000 yuan and not more than 500,000 yuan.
Whoever forges, alters, or transfers the business licenses
of commercial banks or other financial institutions shall
be punished in
accordance with the provisions in the preceding paragraph.
Where the crimes mentioned in the preceding two paragraphs
are committed by a unit, the unit in question shall be fined,
and the
individual directly in charge of it and other people who are
directly responsible shall be punished in accordance with
the first
paragraph.
Article 175. Whoever illegally obtains credit funds from
a financial institution and relends them to other people at
a high
interest rate with the aim of making a profit shall be sentenced
to not more than three years in prison or criminal detention,
if the
amount of illegal proceeds is substantial. In addition, he
or she shall be fined a sum not less than 100 percent and
not more than
500 percent as high as the amount of illegal proceeds. If
the amount involved is large, he or she shall be sentenced
to not less
than three years and not more than seven years in prison.
In addition, he or she shall be fined a sum not less than
100 percent
and not more than 500 percent as high as the amount of illegal
proceeds.
If the crime mentioned in the preceding paragraph is committed
by a unit, the unit in question shall be fined, and the individual
directly in charge of it and other people who are directly
responsible shall be sentenced to not more than three years
in prison or
criminal detention.
Article 176. Whoever takes deposits from people illegally
or in disguised form and disrupts financial order shall be
sentenced
to not more than three years in prison or criminal detention.
He or she shall be fined, additionally or exclusively, not
less than
20,000 yuan and not more than 200,000 yuan. If the amount
involved is large or if the circumstances are otherwise serious,
he
or she shall be sentenced to not less than three years and
not more than 10 years in prison. In addition, he or she shall
be fined
not less than 50,000 yuan and not more than 500,000 yuan.
If the crime mentioned in the preceding paragraph is committed
by a unit, the unit in question shall be fined, and the individual
directly in charge of it and other people who are directly
responsible shall be punished in accordance with the provisions
in the
preceding paragraph.
Article 177. Whoever forges or alters financial bills in
any of the following ways shall be sentenced to not more than
five years
in prison or criminal detention. He or she shall be fined,
additionally or exclusively, not less than 20,000 yuan and
not more than
200,000 yuan. If the circumstances are serious, he or she
shall be sentenced to not less than five years and not more
than 10
years in prison. In addition, he or she shall be fined not
less than 50,000 yuan and not more than 500,000 yuan. If the
circumstances are especially serious, he or she shall be sentenced
to not less than 10 years in prison or life imprisonment.
In
addition, he or she shall be fined not less than 50,000 yuan
and not more than 500,000 yuan or have his or her property
confiscated:
(1) Forging or altering bank drafts, cashier's checks, and
checks;
(2) Forging or altering documents authorizing collection
of payments, remittance documents, certificates of deposit,
and
other account-settlement documents;
(3) Forging or altering letters of credit or accompanying
documents;
(4) Forging credit cards.
If the crimes mentioned in the preceding paragraph are committed
by a unit, the unit in question shall be fined, and the individual
directly in charge of it and other people who are directly
responsible shall be punished in accordance with the provisions
in the
preceding paragraph.
Article 178. Whoever forges or alters treasury bonds or other
negotiable securities issued by the state involving a substantial
amount of money shall be sentenced to not more than three
years in prison or criminal detention. He or she shall be
fined,
additionally or exclusively, not less than 20,000 yuan and
not more than 200,000 yuan. If the amount is large, he or
she shall be
sentenced to not less than three years and not more than 10
years in prison. In addition, he or she shall be fined not
less than
50,000 yuan and not more than 500,000 yuan. If the amount
is especially large, he or she shall be sentenced to not less
than 10
years in prison or life imprisonment. In addition, he or she
shall be fined not less than 50,000 yuan and not more than
500,000
yuan or have his or her property confiscated.
Whoever forges or alters share certificates or company and
enterprise bonds involving a substantial amount of money shall
be
sentenced to not more than three years in prison or criminal
detention. He or she shall be fined, additionally or exclusively,
not
less than 10,000 yuan and not more than 100,000 yuan. If the
amount is large, he or she shall be sentenced to not less
than
three years and not more than 10 years in prison. In addition,
he or she shall be fined not less than 20,000 yuan and not
more
than 200,000 yuan.
If the crimes mentioned in the preceding two paragraphs are
committed by a unit, the unit in question shall be fined,
and the
individual directly in charge of it and other people who are
directly responsible shall be punished in accordance with
the
provisions in the preceding two paragraphs.
Article 179. Whoever issues shares or company and enterprise
bonds involving a large amount of money without the
permission of relevant state departments shall be sentenced
to not more than five years in prison or criminal detention
if the
consequences are serious or if the circumstances are otherwise
serious. He or she shall be fined, additionally or exclusively,
a
sum not less than 1 percent and not more than 5 percent of
the illegally raised funds.
If the crime mentioned in the preceding paragraph is committed
by a unit, the unit in question shall be fined, and the individual
directly in charge of it and other people who are directly
responsible shall be sentenced to not more than five years
in prison or
criminal detention.
Article 180. People who have inside information on securities
trading, illegally obtain inside information on securities
trading,
or buy or sell securities or leak relevant information prior
to the release of information that could have a major effect
on the
issuance and trading of the securities concerned or on the
price of other securities shall be sentenced to not more than
five years
in prison or criminal detention, provided the circumstances
are serious. They shall be fined, additionally or exclusively,
a sum not
less than 100 percent and not more than 500 percent as high
as their illegal proceeds. If the circumstances are especially
serious, they shall be sentenced to not less than five years
and not more than 10 years in prison. In addition, they shall
be fined a
sum not less than 100 percent and not more than 500 percent
as high as their illegal proceeds.
If the crimes mentioned in the preceding paragraph are committed
by a unit, the unit in question shall be fined, and the individual
directly in charge of it or people who are directly responsible
shall be sentenced to not more than five years in prison or
criminal
detention.
The scope of inside information shall be defined by relevant
provisions in laws and administrative rules.
People with inside information shall be defined by relevant
provisions in laws and administrative rules.
Article 181. Whoever disrupts securities trading markets
and causes serious consequences by fabricating or disseminating
false information that could have an effect on securities
trading shall be sentenced to not more than five years in
prison or
criminal detention. He or she shall be fined, additionally
or exclusively, not less than 10,000 yuan and not more than
100,000
yuan.
Employees of securities exchanges, securities companies,
securities associations, or securities management departments
shall be
sentenced to not more than five years in prison or criminal
detention if they intentionally provide false information;
forge, alter, or
destroy trading records; or trick investors into buying or
selling securities, giving rise to serious consequences. They
shall be
fined, additionally or exclusively, not less than 10,000 yuan
and not more than 100,000 yuan. If the circumstances are especially
adverse, they shall be sentenced to not less than five years
and not more than 10 years in prison. In addition, they shall
be fined
not less than 20,000 yuan and not more than 200,000 yuan.
If the crimes mentioned in the preceding two paragraphs are
committed by a unit, the unit in question shall be fined,
and the
individual directly in charge of it and other people who are
directly responsible shall be sentenced to not more than five
years in
prison or criminal detention.
Article 182. Whoever rigs securities trading prices and obtains
illegitimate benefits or shifts the risk in any of the following
ways shall be sentenced to not more than five years in prison
or criminal detention, provided the circumstances are serious.
He
or she shall be fined, additionally or exclusively, a sum
not less than 100 percent and not more than 500 percent as
high as his or
her illegal proceeds:
(1) Taking advantage of one's financial strength, stock holdings,
or information to jointly or continuously sell or buy
securities and rig securities trading prices, either on one's
own or by conspiring with other people;
(2) Affecting securities trading prices or volume by conducting
securities transactions with each other or by buying or
selling each other's securities at a predetermined time and
price and through a predetermined method in collaboration
with other people;
(3) Affecting securities trading prices or volume by taking
oneself as the only party to a transaction and buying from
or
selling to oneself without transferring the right to own the
securities;
(4) Rigging securities trading prices by other means.
If the crimes mentioned in the preceding paragraph are committed
by a unit, the unit in question shall be fined, and the individual
directly in charge of it or other people directly responsible
shall be sentenced to not more than five years in prison or
criminal
detention.
Article 183. Personnel of insurance companies who take advantage
of their office to intentionally make false claims on insured
incidents which have not occurred to defraud insurance indemnity
are to be sentenced and punished in accordance with the
stipulations of Article 271 of this law.
Personnel of state-owned insurance companies and personnel
delegated by state-owned insurance companies to perform
official duties in non-state-owned insurance companies who
commit an act mentioned in the preceding paragraph are to
be
sentenced and punished in accordance with the stipulations
in Article 382 and Article 383 of this law.
Article 184. Personnel of banks or other monetary institutions
who ask others for money or goods, or illegally accept money
or goods from others in activities of monetary business and
seek benefits for others, or accept rebate or service charges
for
themselves under various pretexts in violation of state stipulations
are to be sentenced and punished in accordance with the
stipulations of Article 163 of this law.
Personnel of state-owned monetary institutions and personnel
delegated by state-owned monetary institutions to perform
official
duties in non-state-owned monetary institutions who commit
an act mentioned in the preceding paragraph are to be sentenced
and punished in accordance with the stipulations in Article
385 and Article 386 of this law.
Article 185. Personnel of banks or other monetary institutions
who take advantage of their office to misappropriate funds
of
their respective institutions or customers are to be sentenced
and punished in accordance with the stipulations of Article
272 of
this law.
Personnel of state-owned monetary institutions and personnel
delegated by state-owned monetary institutions to perform
official
duties in non-state-owned monetary institutions who commit
an act mentioned in the preceding paragraph are to be sentenced
and punished in accordance with the stipulations of Article
384 of this law.
Article 186. Personnel of banks or other monetary institutions
who violate the stipulations of laws and administrative
regulations to grant fiduciary loans to related people or
to grant secured loans with conditions better than those for
granting
similar loans to other borrowers, thus causing relatively
big losses, are to be sentenced to not more than five years
of fixed-term
imprisonment or criminal detention, and to a fine of not less
than 10,000 yuan and not more than 100,000 yuan; when the
losses
are serious, the sentence is to be not less than five years
of fixed-term imprisonment, and a fine of not less than 20,000
yuan and
not more than 200,000 yuan.
Personnel of banks or other monetary institutions who violate
the stipulations of laws and administrative regulations to
grant
loans to people other than the related people, thus causing
serious losses, are to be sentenced to not more than five
years of
imprisonment or criminal detention, and a fine not less than
10,000 yuan and not more than 100,000 yuan; when the losses
are
especially serious, the sentence is to be not less than five
years of fixed-term imprisonment, and a fine not less than
20,000 yuan
and not more than 200,000 yuan.
Institutions that commit a crime mentioned in the preceding
two paragraphs are to be sentenced to a fine, and personnel
in
charge directly responsible for the crime and other personnel
directly responsible for the crime are to be punished in accordance
with the stipulations in the preceding two paragraphs.
The scope of related people is determined in accordance with
"The Law of Commercial Banks of the People's Republic
of
China" and other monetary laws and regulations concerned.
Article 187. Personnel of banks or other monetary institutions
who, with the purpose of making profits, absorb customers'
funds without entering an item in their accounts, and illegally
use such funds for calling or granting loans, thus causing
serious
losses, are to be sentenced to not more than five years of
fixed-term imprisonment or criminal detention, and to a fine
not less
than 20,000 yuan and not more than 200,000 yuan; when the
losses are especially serious, the sentence is to be not less
than
five years of fixed-term imprisonment, and a fine of not less
than 50,000 yuan and not more than 500,000 yuan.
Institutions which commit a crime mentioned in the preceding
paragraph is to be sentenced to a fine, and personnel in charge
directly responsible for the crime and other personnel directly
responsible for the crime are to be punished in accordance
with
the stipulations in the preceding paragraph.
Article 188. Personnel of banks or other monetary institutions
who violate stipulations to issue for others letters of credit,
or
other letters of guarantee, bills, deposit receipts, and credit
certificates, thus causing relatively serious losses, are
to be
sentenced to not more than five years of fixed-term imprisonment
or criminal detention; when the losses are very serious, the
sentence is to be not less than five years of fixed-term imprisonment.
Institutions which commit a crime mentioned in the preceding
paragraph are to be sentenced to a fine, and personnel in
charge
directly responsible for the crime, or other personnel directly
responsible for the crime are to be punished in accordance
with
the stipulations of the preceding paragraph.
Article 189. Personnel of banks or other monetary institutions
who, in handling bills, accept, make payment for, or stand
guarantee for, bills which are issued in violation of laws
and regulation, thus causing serious losses, are to be sentenced
to not
more than five years of fixed-term imprisonment or criminal
detention; when the losses are especially serious, the sentence
is to
be not less than five years of fixed-term imprisonment.
Institutions that commit a crime mentioned in the preceding
paragraph are to be sentenced to a fine, and personnel in
charge
directly responsible for the crime and other personnel directly
responsible for the crime are to be punished in accordance
with
the stipulations in the preceding paragraph.
Article 190. State-owned companies, enterprises, or other
state-owned institutions which violate state stipulations
and deposit
foreign exchange abroad without authorization, or illegally
transfer foreign exchange abroad, and the circumstances are
series,
are to be sentenced to a fine, and personnel in charge directly
responsible for it, and other personnel directly responsible
for it
are to be sentenced to not more than five years of fixed-term
imprisonment or criminal detention.
Article 191. Whoever commit any of the acts below to cover
up or withhold the source or nature of what one knows is
obtained from narcotics crimes, organized crimes of the underworld,
or crimes of smuggling, or gains obtained through such
crimes, are to be sentenced to not more than five years of
fixed-term imprisonment or criminal detention, and are to
be in
addition or exclusively sentenced to a fine not less than
5 percent and not more than 20 percent of the amount of money
laundered, and the gains obtained through committing the crimes
mentioned above are to be confiscated; when the
circumstances are serious, the sentence is to be not less
than five years and not more than 10 years of fixed-term imprisonment
and a fine not less than 5 percent and not more than 20 percent
of the amount of money laundered:
(1) providing funds accounts;
(2) assisting to turn money and goods into cash or financial
instruments;
(3) assisting to transfer funds through transferring accounts,
or other ways of settling accounts;
(4) assisting to remit funds abroad; and
(5) other ways to cover up and withhold what is illegally
obtained through committing crimes, and the nature and sources
of such gains.
Institutions which commit a crime mentioned in the preceding
paragraph are to be sentenced to a fine, and personnel in
charge
directly responsible for the crime and other personnel directly
responsible for the crime are to be sentenced to not more
than
five years of fixed-term imprisonment or criminal detention.
Section 5. Crimes of Financial Fraud
Article 192. Whoever for the purpose of illegal possession
illegally raises funds by fraudulent means, if the amount
is quite big,
is to be sentenced to not more than five years of fixed-term
imprisonment or criminal detention, and to a fine of not less
than
20,000 yuan and not more than 200,000 yuan; when the amount
is enormous or other circumstances are serious, the sentence
is
to be not less than five years and not more than 10 years
of fixed-term imprisonment, and a fine of not less than 50,000
yuan
and not more than 500,000 yuan; when the amount is especially
enormous or other circumstances are especially serious, the
sentence is to be not less than 10 years of fixed-term imprisonment
or life imprisonment, and a fine not less than 50,000 yuan
and not more than 500,000 yuan or confiscation of property.
Article 193. Whoever for the purpose of illegal possession
commits any of the following acts to defraud the banks or
other
monetary institutions of loans, if the amount is quite big,
is to be sentenced to not more than five years of fixed-term
imprisonment or criminal detention, and a fine of not less
than 20,000 yuan and not more than 200,000 yuan; when the
amount
is enormous or other circumstances are serious, the sentence
is to be not less than five years and not more than 10 years
of
fixed-term imprisonment and a fine of not less than 50,000
yuan and not more than 500,000 yuan; when the amount is
especially enormous or other circumstances are especially
serious, the sentence is to be not less than 10 years of fixed-term
imprisonment or life imprisonment, and a fine of not less
than 50,000 yuan and not more than 500,000 yuan, or confiscation
of
property:
(1) cooking up false reasons for importing funds or projects;
(2) using false economic contracts;
(3) using false certificates;
(4) using false property right certificates for guarantee
or making duplicate guarantee exceeding the value of the
mortgaged goods; and
(5) defrauding loans by other means.
Article 194. Whoever commits any of the following acts to
carry out fraudulent activities with financial bills, if the
amount is
quite big, is to be sentenced to not more than five years
of fixed-term imprisonment or criminal detention, and to a
fine of not
less than 20,000 yuan and not more than 200,000 yuan; when
the amount is enormous, or other circumstances are serious,
the
sentence is to be not less than five years and not more than
10 years of fixed-term imprisonment, and a fine of not less
than
50,000 yuan and not more than 500,000 yuan; when the amount
is especially enormous or other circumstances are especially
serious, the sentence is to be not less than 10 years of fixed-term
imprisonment or life imprisonment and a fine of not less than
50,000 yuan and not more than 500,000 yuan, or confiscation
of property:
(1) knowingly using forged, altered drafts, cashier's checks,
and checks;
(2) knowingly using voided drafts, cashier's checks, checks;
(3) uttering other people's drafts, cashier's checks, checks;
(4) signing a dud check or a check with signature different
from the specimen one;
(5) issuing drafts or cashier's checks without guaranteed
funds, or making false records in issuing drafts or cashier's
checks to defraud money and goods.
Whoever uses forged and altered documents of authority for
collection, remittance documents, bank certificates of deposit,
and
other bank documents of settlement is to be punished in accordance
with the stipulations of the preceding paragraph.
Article 195. Whoever uses one of the following ways for fraudulent
activities with letters of credit is to be sentenced to not
more than five years of fixed-term imprisonment or criminal
detention, and a find of not less than 20,000 yuan and not
more than
200,000 yuan; when the amount is enormous or other circumstances
are serious, the sentence is to be not less than five years
and not more than 10 years of fixed-term imprisonment, and
a fine of not less than 50,000 yuan and not more than 500,000
yuan; when the amount is especially enormous or other circumstances
are especially serious, the sentence is to be not less than
10 years of fixed-term imprisonment or life imprisonment,
and a fine of not less than 50,000 yuan and not more than
500,000
yuan or confiscation of property:
(1) using forged or altered letters of credit or bills and
documents attached;
(2) using voided letters of credit;
(3) obtaining letters of credit by fraud; and
(4) carrying out fraudulent activities with letters of credit
in other ways.
Article 196. Whoever uses one of the following ways to carry
out fraudulent activities with a credit card, if the amount
is quite
big, is to be sentenced to not more than five years of fixed-term
imprisonment or criminal detention, and a fine of not less
than
20,000 yuan and not more than 200,000 yuan; if the amount
is enormous or other circumstances are serious, the sentence
is to
be not less than five years and not more than 10 years of
fixed-term imprisonment, and a fine of not less than 50,000
yuan and
not more than 500,000 yuan; if the amount is especially big,
or other circumstances are especially serious, the sentence
is to be
not less than 10 years of fixed-term imprisonment or life
imprisonment, and a fine not less than 50,000 and not more
than
500,000 yuan, or confiscation of property:
(1) using a forged credit card;
(2) using a voided credit card;
(3) uttering other people's credit card; and
(4) overdrawing with evil intention.
The so-called overdrawing with evil intention mentioned in
the preceding paragraph means that the card holder, for the
purpose
of illegal possession, overdraws exceeding the limit of overdrawn
account or the time limit, and refuses to return the money
after
the card-issuing bank demands for the return.
Whoever steals a credit card and uses it is to be sentenced
and punished in accordance with the stipulations of Article
264 of
this law.
Article 197. Whoever uses a relatively substantial amount
of forged or altered treasury bills or other negotiable securities
issued by the state to engage in fraudulent activities shall
be sentenced to not more than five years of fixed-term imprisonment
or
criminal detention and be fined no more than 200,000 yuan
but no less than 20,000 yuan; when the amount is large and
other
serious circumstances are involved, the sentence shall be
no more than 10 years but no less than five years of fixed-term
imprisonment and a fine of no more than 500,000 yuan but no
less than 50,000 yuan; and when the amount is extraordinarily
large and other especially serious circumstances are involved,
the sentence shall be life imprisonment or no less than 10
years of
fixed-term imprisonment and a fine of no more than 500,000
yuan but no less than 50,000 yuan, or confiscation of property.
Article 198. Fraudulent insurance activities falling under
any one of the following circumstances shall, for cases involving
relatively large amounts be punished with imprisonment or
criminal detention of less than five years, with a fine of
over 10,000
yuan but less than 100,000 yuan; for cases involving large
amounts, or of a serious nature, with imprisonment of over
five years
but less than 10 years, with a fine of over 20,000 yuan but
less than 200,000 yuan; for cases involving extraordinarily
large
amounts, or of a serious nature, with imprisonment of over
10 years, with a fine of over 20,000 yuan but less than 200,000
yuan, or with forfeiture of property:
(1) policy holder intentionally fabricates insurance object
to deceive insurance money;
(2) policy holder, the insured, or the beneficiary fabricates
false causes to insurance incident or inflate the extent of
loss to
deceive insurance money;
(3) policy holder, the insured, or the beneficiary fabricate
non-existing insurance incident to deceive insurance money;
(4) policy holder, the insured, or the beneficiary intentionally
create an insurance incident with property loss to deceive
insurance money; or
(5) policy holder or the beneficiary intentionally causes
the death, injury, or sickness of the insured to deceive insurance
money.
Acts falling under preceding Paragraphs (4) and (5) which
constitute other crimes shall be punished for all offenses
committed.
Units violating Paragraph (1) shall be punished with a fine,
with personnel directly in charge and other directly responsible
personnel being punished with imprisonment or criminal detention
of less than five years; for cases involving large amounts,
or of
a serious nature, with imprisonment of over five years but
less than 10 years; for cases involving extraordinarily large
amounts,
with imprisonment of over five years but less than 10 years;
or, in cases involving an extraordinary large amount, or of
a serious
nature, with imprisonment of over 10 years.
Appraisers, certifiers, and property valuers, who intentionally
provide false evidence to abet others to commit fraud, shall
be
punished as insurance fraudulence accomplices.
Article 199. Offenders of Articles 192, 194, and 195 of this
section that cause extraordinarily heavy losses to the interests
of
the state and the people shall be sentenced to life imprisonment
or death, with forfeiture of property.
Article 200. Units committing offenses under Articles 192,
194, and 195 of this section shall be punished with a fine,
with
personnel directly in charge and other directly responsible
personnel being punished with imprisonment or criminal detention
of
less than five years; for cases involving large amounts, or
of a serious nature, with imprisonment over five years and
less than 10
years; for cases of extraordinary large amount, or of a serious
nature, with imprisonment of over 10 years or life imprisonment.
Section 6. Offenses Against Tax Collection and Management
Article 201. Tax payers found guilty of forging, altering,
concealing, or indiscriminately destroying accounts books,
entry
proofs, or making unsubstantiated expenditures, or failing
to enter or enter lower income items, or failing to submit
tax returns
after being notified by the tax authorities, or submitting
a false return, or failing to pay taxes or pay less, or evading
taxes
exceeding 10 percent but less than 30 percent of payable taxes,
or evading taxes again after two administrative sanctions
for tax
evasion, shall be punished with imprisonment or criminal detention
of less than three years, with a fine of over 100 percent
but
less than 500 percent of the evaded tax amount; for cases
with evaded tax amount exceeding 30 percent of payable taxes,
or
exceeding 100,000 yuan, with imprisonment of over three years
but less than seven years, with a fine of over 100 percent
but
less than 500 percent of the evaded tax amount.
Withholding agents using the preceding means to refuse payment
and full payment of withheld or collected taxes, which are
over
10 percent of payable taxes or over 10,000 yuan, shall be
punished in accordance with the preceding paragraph.
Multiple commissions of the acts mentioned in the two preceding
paragraphs without detection shall be calculated on an
accumulated basis.
Article 202. Using violence or threatening means to refuse
payment of tax shall be punished with imprisonment or criminal
detention of less than three years, with a fine of over 100
percent but less than 500 percent of the amount of taxes so
refused to
pay; for cases of a serious nature, with imprisonment of over
three years but less than seven years, with a fine of over
100
percent but less than 500 percent of the amount of taxes so
refused to pay.
Article 203. Taxpayers who fail to settle payable taxes,
or transfer or conceal property resulting in tax organs being
unable to
recover the owed taxes of over 10,000 yuan but less than 100,000
yuan, shall be punished with imprisonment or criminal
detention of less than three years, with a fine or a separately
imposed fine of over 100 percent and less than 500 percent
of the
unsettled amount; if the amount in question exceeds 100,000
yuan, with imprisonment of over three years but less than
seven
years, with a fine of over 100 percent but less than 500 percent
of the unsettled amount.
Article 204. Using false export reports or other fraudulent
means to defraud state export tax refunds involving a relatively
large amount shall be punished with imprisonment or criminal
detention of less than five years, with a fine of over 100
percent
but less than 500 percent of the defrauded tax refund; for
cases involving large amounts or of a serious nature, with
imprisonment of over five years but less than 10 years, with
a fine of over 100 percent but less than 500 percent of the
defrauded tax refund; for cases involving extraordinarily
large amounts, or of a especially serious nature with imprisonment
of
over 10 years or life imprisonment, with a fine of over 100
percent but less than 500 percent of the defrauded tax refund,
or
with forfeiture of property.
Tax payers using the fraudulent means mentioned in preceding
paragraph to deceptively reclaim their paid taxes shall be
convicted and punished according to provisions of Article
201, with those who deceptively claim more than what they
have
paid, being punished according to provisions of the preceding
paragraph.
Article 205. Falsely issuing exclusive value-added tax invoices
or other invoices to defraud export tax refunds or to off
set
taxes shall be punished with imprisonment or criminal detention
of less than three years, with a fine of over 20,000 yuan
and less
than 200,000 yuan; for cases involving relatively large amounts
of falsely reported taxes, or of a serious nature, with
imprisonment of over three years and less than 10 years, with
a fine of over 50,000 yuan but less than 500,000 yuan; for
cases
involving large amounts of falsely reported taxes, or of a
more serious nature, with imprisonment of over 10 years or
life
imprisonment, with a fine of over 50,000 yuan but less than
500,000 yuan, or with forfeiture of property.
Committing acts mentioned in the preceding paragraph to defraud
state taxes shall, if the amount involved is extraordinarily
large, and of a especially serious nature that causes particularly
heavy losses to the state, be punished with life imprisonment
or
death, and with forfeiture of property.
Units committing offenses under this article shall be punished
with a fine, with personnel directly in charge or other directly
responsible personnel being punished with imprisonment of
criminal detention of less than three years; for cases involving
relatively large amounts of taxes, or with a serious nature,
with imprisonment of over three years but less than ten years;
for
cases involving large amounts of taxes, or of a especially
serious nature, with imprisonment of over 10 years or life
imprisonment.
Falsely issuing exclusive value-added tax invoices or other
invoices to defraud export tax refunds or to off set taxes
refers to any
false issuance intended for others or himself, or letting
others falsely issue for him, or induce others to falsely
issue.
Article 206. Forging or selling forged exclusive value- added
tax invoices shall be punished with imprisonment or criminal
detention of or restriction for less than three years, with
a fine of over 20,000 yuan but less than 200,000 yuan; for
cases
involving relatively large quantities, or of a serious nature,
with imprisonment of over three years and less than 10 years,
with a
fine of over 50,000 yuan but less than 500,000 yuan; for cases
involving large quantities or of a especially serious nature,
with
imprisonment of over ten years or life imprisonment, with
a fine of over 50,000 yuan but less than 500,000 yuan, or
with
forfeiture of property.
Committing forgery and the sale of forged exclusive value-added
invoices in extraordinarily large quantities or of a especially
serious nature that severely disrupt economic order shall
be punished with life imprisonment or death, with forfeiture
of property.
Units committing offenses under this article shall be punished
with a fine, with personnel directly in charge or other directly
responsible personnel being punished with imprisonment or
criminal detention, or restriction for less than three years;
for cases
involving relatively large quantities or of a serious nature,
with imprisonment of over three years but less than 10 years;
for cases
involving large quantities or of a especially serious nature,
with imprisonment of over 10 years or life imprisonment.
Article 207. Committing illegal sale of exclusive value-added
tax invoices shall be punished with imprisonment or criminal
detention, or restriction for less than three years, with
a fine over 20,000 yuan but less than 200,000 yuan.; for cases
involving
relatively large quantities, with imprisonment over three
years but less than 10 years, with a fine of over 50,000 yuan
but less
than 500,000 yuan; for cases involving large quantity with
imprisonment of over 10 years or life imprisonment, with a
fine of
over 50,000 yuan but less than 500,000 yuan, or with forfeiture
of property.
Article 208. Illegal purchase of exclusive value-added tax
invoices or forged exclusive value-added tax invoices shall
be
punished with imprisonment or criminal detention of less than
five years, with a fine or a separately imposed fine of over
20,000
yuan and less than 200,000 yuan.
Falsely issuing or reselling illegally purchased exclusive
value-added tax invoices or forged exclusive value-added tax
invoices
shall be convicted and punished respectively under Articles
205, 206, and 207 of this law.
Article 209. Forging or manufacturing without authority or
selling or manufacturing without authority other invoices
usable for
defrauding export tax refunds or offsetting taxes shall be
punished with imprisonment or criminal detention and restriction
for less
than three years, with a fine of over 20,000 yuan but less
than 200,000 yuan; for cases involving large quantities, with
imprisonment of over three years but less than seven years,
with a fine of over 50,000 yuan but less than 500,000 yuan;
for
cases involving extraordinarily large quantities, with imprisonment
of over seven years, with a fine of over 50,000 yuan but less
than 500,000 yuan, or with forfeiture of property.
Forging or manufacturing without authority or selling other
invoices manufactured without authority, which have not been
mentioned in the preceding paragraph, shall be punished with
imprisonment or criminal detention of, or restriction for
less than
two years, with a fine of over 10,000 yuan but less than 50,000
yuan; for cases of a serious nature, with imprisonment of
over
two years and less than seven years, with a fine of over 50,000
yuan and less than 500,000 yuan.
Illegal sale of other invoices usable for defrauding export
tax refunds or offsetting taxes shall be punished according
to the first
paragraph.
Illegal sale of other invoices not mentioned in the third
paragraph shall be punished according to the second paragraph.
Article 210. Theft of exclusive value-added tax invoices
or other invoices usable in defrauding export tax refunds
or offsetting
taxes, shall be convicted and punished according to Article
264 of this law.
Obtaining by fraudulent means exclusive value-added tax invoices
or other invoices usable in defrauding export tax refunds
or
offsetting taxes shall be convicted and punished according
to Article 266 of this law.
Article 211. Units committing offenses under Articles 201,
203, 204, 207, 208, and 209 of this section shall be punished
with
fines, with personnel directly in charge and other directly
responsible personnel being punished according to these articles,
respectively.
Article 212 Fines and forfeitures of property imposed against
offenders convicted under Articles 201 through 205 of this
section should not be enforced until the tax authorities have
recovered the taxes in question and the export tax refunds
so
defrauded.
Section 7. Infringement of Intellectual Property Rights
Article 213. Using an identical trademark on the same merchandise
without permission of its registered owner shall, if the case
is of a serious nature, be punished with imprisonment or criminal
detention of less than three years, with a fine, or a separately
imposed fine; for cases of a more serious nature, with imprisonment
of over three years and less than seven years, and with fine.
Article 214. Knowingly selling merchandise under a faked
trademark with a relatively large sales volume shall be punished
with imprisonment or criminal detention of less than three
years, with a fine or a separately imposed fine; in cases
involving a
large sales volume, with imprisonment of more than three years
but less than seven years, and with fine.
Article 215. Forging or manufacturing without authority or
selling or manufacturing without authority other's registered
trademarks or identifications shall, for cases of a serious
nature, be punished with imprisonment or criminal detention,
or
restriction for less than three years, with a fine or a separately
imposed fine; for cases of a especially serious nature, with
imprisonment of over three years and less than seven years,
and with fine.
Article 216. Whoever counterfeits other people's patents,
and when the circumstances are serious, is to be sentenced
to not
more than three years of fixed-term imprisonment, criminal
detention, and may in addition or exclusively be sentenced
to a fine.
Article 217. Whoever, for the purpose of reaping profits,
has committed one of the following acts of copyright infringement
and gains a fairly large amount of illicit income, or when
there are other serious circumstances, is to be sentenced
to not more
than three years of fixed-term imprisonment, criminal detention,
and may in addition or exclusively be sentenced to a fine;
when
the amount of the illicit income is huge or when there are
other particularly serious circumstances, he is to be sentenced
to not
less than three years and not more than seven years of fixed-term
imprisonment and a fine:
(1) copy and distribute written, musical, movie, televised,
and video works; computer software; and other works without
the permission of their copyrighters;
(2) publish books whose copyrights are exclusively owned
by others;
(3) duplicate and distribute audiovisual works without the
permission of their producers;
(4) produce and sell artistic works bearing fake signatures
of others.
Article 218. Whoever, for the purpose of reaping profits,
knowingly sells the duplicate works described in Article 217
of this
Law, and gains a huge amount of illicit income, is to be sentenced
to not more than three years of fixed-term imprisonment,
criminal detention, and may in addition or exclusively be
sentenced to a fine.
Article 219. Whoever engages in one of the following activities
which encroaches upon commercial secrets and brings
significant losses to persons having the rights to the commercial
secrets is to be sentenced to not more than three years of
fixed-term imprisonment, criminal detention, and may in addition
or exclusively be sentenced to a fine; or is to be sentenced
to
not less than three years and not more than seven years of
fixed-term imprisonment and a fine, if he causes particularly
serious
consequences:
(1) acquire a rightful owner's commercial secrets via theft,
lure by promise of gain, threat, or other improper means;
(2) disclose, use, or allow others to use a rightful owner's
commercial secrets which are acquired through the
aforementioned means;
(3) disclose, use, or allow others to use, in violation of
the agreement with the rightful owner or the rightful owner's
request of keeping the commercial secrets, the commercial
secrets he is holding.
Whoever acquires, uses, or discloses other people's commercial
secrets, when he knows or should know that these commercial
secrets are acquired through the aforementioned means, is
regarded as an encroachment upon commercial secrets.
The commercial secrets referred to in this article are technical
information and operation information that are unknown to
the
public, can bring economic profits to their rightful owners,
are functional, and are kept as secrets by their rightful
owners.
The rightful owners referred to in this Article are owners
of the commercial secrets and users who have the permission
of the
owners.
Article 220. When a unit commits the crimes stated in Article
213 through Article 219, it is to be sentenced to a fine;
its
directly responsible person in charge and other personnel
of direct responsibility should be punished in accordance
with the
stipulations respectively stated in these Articles of this
section.
Section 8. Crimes of Disrupting Market Order
Article 221. Whoever fabricates and spreads falsified information
to impair other people's commercial reputation and
commodity reputation, and causes significant losses to others
or if there are other serious circumstances, is to be sentenced
to
not more than two years of fixed-term imprisonment, criminal
detention, and may in addition or exclusively be sentenced
to a
fine.
Article 222. Where, in violation of the state regulations,
an advertisement owner, advertising agency, or advertisement
carrier
gives false publicity by taking the advantage of advertising
a commodity or service, and when the circumstances are serious,
he
shall be sentenced to not more than two years of fixed-term
imprisonment, criminal detention, and may in addition or exclusively
be sentenced to a fine.
Article 223. Where bidders submit tenders in collusion and
harm the interests of persons inviting tenders or other bidders,
and
when the circumstances are serious, they shall be sentenced
to not more than three years of fixed-term imprisonment, criminal
detention, and may in addition or exclusively be sentenced
to a fine.
Where bidders and persons inviting tenders harm the legitimate
interests of the state, collectives, and the public by colluding
in
the bidding, they are to be punished in accordance with the
stipulations stated in the preceding paragraph.
Article 224. Whoever, for the purpose of illegal possession,
uses one of the following means during signing or executing
a
contract to obtain property and goods of the opposite party
by fraud, and when the amount of money is relatively large,
is to be
sentenced to not more than three years of fixed-term imprisonment,
criminal detention, and may in addition or exclusively be
sentenced to a fine; or be sentenced to not less than three
years and not more than 10 years of fixed-term imprisonment
and a
fine, if the amount of money is huge or there are other serious
circumstances; or be sentenced to more than 10 years of
fixed-term imprisonment or life imprisonment and a fine or
confiscation of property, if the amount of money is particularly
huge
or there are other particularly serious circumstances:
(1) sign a contract in the name of a made-up unit or under
somebody else's name;
(2) use forged, altered, or invalid negotiable instruments
or other false certificates of property rights as guaranties;
(3) fulfill small-amount contracts or partially fulfill the
contract, instead of actually fulfilling the contract, to
inveigle the
opposite party into continuing to sign and fulfill the contract;
(4) go into hiding after receiving goods, payment, advance
payment, or property as guaranty from the opposite party;
(5) defraud the opposite party's property through other means.
Article 225. Whoever, in violation of the state stipulations,
has one of the following illegal business acts, which disrupts
the
market order and when the circumstances are serious, is to
be sentenced to not more than five years of fixed-term
imprisonment, criminal detention, and may in addition or exclusively
be sentenced to a fine not less than 100 percent and not
more than 500 percent of his illegal income and, where the
circumstances are particularly serious, be sentenced to not
less than
five years of fixed-term imprisonment and a fine not less
than 100 percent and not more than 500 percent of his illegal
income or
the confiscation of his property:
(1) engage in the monopoly business or monopolized commodities
stipulated in laws and administrative regulations, or
other commodities whose purchase and sale are controlled,
without permission;
(2) purchase and sell import-export licenses, certificates
of origin, and operation permits or approved documents
stipulated by other laws and administrative regulations;
(3) conduct other illegal business activities that seriously
disrupt the market order.
Article 226. Whoever, by violence or coercion, forces others
to purchase or sell commodities or provide or accept services
is
to be sentenced to not more than three years of fixed-term
imprisonment, criminal detention, and may in addition or exclusively
be sentenced to a fine, if the circumstances are serious.
Article 227. Whoever forges or profiteers from forged train
and ship tickets, stamps, or other valuable coupons, which
involve a relatively large amount of money, is to be sentenced
to not more than two years of fixed-term imprisonment, criminal
detention or control, and may in addition or exclusively be
sentenced to a fine not less than 100 percent and not more
than 500
percent of the amount of the coupons; or, if a huge amount
is involved, to not less then two years and not more than
seven years
of fixed-term imprisonment and a fine not less then 100 percent
and not more than 500 percent of the amount of the coupons.
Whoever profiteers from train and ship tickets, when the
circumstances are serious, is to be sentenced to not more
than three
years of fixed-term imprisonment, criminal detention or control,
and may in addition or exclusively be sentenced to a fine
of not
less than 100 percent and not more than 500 percent of the
amount of the coupons.
Article 228. Whoever, for the purpose of seeking personal
gain, violates the laws and regulations on land management
by
illegally transferring and profiteering from land use rights
and when the circumstances are serious, is to be sentenced
to not more
than three years of fixed-term imprisonment, criminal detention,
or may in addition or exclusively be sentenced to a fine of
not
less than five percent and not more than 20 percent of the
money gained from illegally transferring or profiteering from
land use
rights or, when the circumstances are particularly serious,
is to be sentenced to not less than three years and not more
than
seven years of fixed-term imprisonment and a fine of not less
than five percent and not more than 20 percent of the money
gained from illegally transferring or profiteering from land
use rights.
Article 229. Where a person of intermediary organizations,
who is in charge of asset assessment and examination, certificate
examination, accounting, auditing, legal services, and other
duties, intentionally provides false certificates, and when
the
circumstances are serious, he is to be sentenced to not more
than five years of fixed- term imprisonment or criminal detention,
and a fine.
Where a person stated in the preceding paragraph extorts
money and goods from others or illegally accepts money and
goods
from others to commit the aforementioned crime, and when the
circumstances are serious, he is to be sentenced to not more
than five years of fixed-term imprisonment or criminal detention,
and a fine.
Where a person stated in the first paragraph of this article
is seriously irresponsible and causes serious consequences
by issuing
certificates greatly inconsistent with the facts, he is to
be sentenced to not more than three years of fixed-term imprisonment
or
criminal detention, and may in addition or exclusively be
sentenced to a fine.
Article 230. Whoever violates the rules of the law on import-export
commodity inspection by avoiding commodity inspection
and, without authorization, selling and using imported goods
or exporting exported goods without having them gone through
inspection by commodity inspection authorities as required,
and when the circumstances are serious, is to be sentenced
to not
more than three years of fixed-term imprisonment or criminal
detention, and may in addition or exclusively be sentenced
to a
fine.
Article 231. Where a unit commits the crimes stated in Article
221 through Article 230 of this section, it should be sentenced
to a fine and its directly responsible person in charge and
other directly responsible personnel be punished according
to the
stipulations in these articles.
Chapter IV Crimes of Infringing Upon the Rights of the Person
and the Democratic Rights of Citizens
Article 232. Whoever intentionally kills another is to be
sentenced to death, life imprisonment or not less than 10
years of
fixed-term imprisonment; when the circumstances are relatively
minor, he is to be sentenced to not less than three years
and not
more than 10 years of fixed-term imprisonment.
Article 233. Whoever negligently causes the death of another
is to be sentenced to not less than three years and not more
than seven years of fixed-term imprisonment; when the circumstances
are relatively minor, he is to be sentenced to not more
than three years of fixed-term imprisonment. Where this Law
has other stipulations, matters are to be handled in accordance
with such stipulations.
Article 234. Whoever intentionally injures the person of
another is to be sentenced to not more than three years of
fixed-term
imprisonment, criminal detention, or control.
Whoever commits the crime in the preceding paragraph and
causes a person's serious injury is to be sentenced to not
less than
three years and not more than 10 years of fixed-term imprisonment;
if he causes a person's death or causes a person's serious
deformity by badly injuring him with particularly ruthless
means, he is to be sentenced to not less than 10 years of
fixed-term
imprisonment, life imprisonment, or death. Where this Law
has other stipulations, matters are to be handled in accordance
with
such stipulations.
Article 235. Whoever negligently injures another and causes
him serious injury is to be sentenced to not more than three
years
of fixed-term imprisonment or criminal detention. Where this
law has other stipulations, matters are to be handled in accordance
with such stipulations.
Article 236. Whoever, by violence, coercion or other means,
rapes a woman is to be sentenced to not less than three years
and not more than 10 years of fixed-term imprisonment.
Whoever has sexual relations with a girl under the age of
14 is to be deemed to have committed rape and is to be given
a
heavier punishment.
Whoever rapes a woman or has sexual relations with a girl
involving one of the following circumstances is to be sentenced
to not
less than 10 years of fixed-term imprisonment, life imprisonment,
or death:
(1) rape a woman or have sexual relations with a girl and
when the circumstances are odious;
(2) rape several women or have sexual relations with several
girls;
(3) rape a woman in a public place and in the public;
(4) rape a woman in turn with another or more persons;
(5) cause the victim serious injury, death, or other serious
consequences.
Article 237. Whoever, by violence, coercion or other means,
forces, molests, or humiliates a woman is to be sentenced
to not
more than five years of fixed-term imprisonment or criminal
detention.
Whoever assembles a crowd to commit the crimes described
in the preceding paragraph, or commits such crimes in the
public
is to be sentenced to not less than five years of fixed-term
imprisonment.
Whoever molests a child is to be given a heavier punishment
according to the stipulations in the two preceding paragraphs.
Article 238. Whoever unlawfully detains another or deprives
him of his freedom of the person by any other means is to
be
sentenced to not more than three years of fixed- term imprisonment,
criminal detention, control, or deprivation of political rights.
In circumstances where beating or humiliation are involved,
a heavier punishment is to be given.
Whoever commits one of the crimes in the preceding paragraph
and causes a person's serious injury is to be sentenced to
not
less than three years and not more than 10 years of fixed-term
imprisonment; when he causes a person's death, he is to be
sentenced to not less than 10 years of fixed-term imprisonment;
when he causes a person disability or death by violent means,
he is to be punished in according with the stipulations in
Article 234 and Article 232 of this law.
Whoever unlawfully detains or takes somebody into custody
for the purpose of demanding the payment of a debt is to be
given
a punishment in accordance with the stipulations stated in
the two preceding paragraphs.
Where an employee of a state organ abuses his authority to
commit any of the three aforementioned crimes, he is to receive
a
heavier punishment in accordance with the stipulations stated
in the three preceding paragraphs.
Article 239. Those kidnapping others with the purpose of
blackmailing or kidnapping others as hostages are to be sentenced
to 10 years or more in prison or to be given life sentences,
in addition to fines or confiscation of their property. Kidnappers
causing the death of their hostages or killing their hostages
are to be sentenced to death and their property confiscated.
Those stealing or robbing infants or babies for the purpose
of blackmailing are to be punished according to stipulations
in the
above paragraph.
Article 240. Those abducting and trafficking women or children
are to be sentenced to 5 to 10 years in prison plus fine.
Those falling into one or more of the following cases are
to be sentenced to 10 years of more in prison or to be given
life
sentences, in addition to fines or confiscation of property.
Those committing especially serious crimes are to be sentenced
to
death in addition to confiscation of property.
(1) Primary elements of rings engaging in abducting and trafficking
women or children;
(2) those abducting and trafficking more than three women
and/or children;
(3) those raping abducted women;
(4) those seducing, tricking, or forcing abducted women into
prostitution, or those selling abducted women to others who
in turn force them into prostitution;
(5) those kidnapping women or children using force, coercion,
or narcotics, for the purpose of selling them;
(6) those stealing or robbing infants or babies for the purpose
of selling them;
(7) those causing abducted women or children, or their family
members, to serious injuries or death, or causing other
grave consequences;
(8) those selling abducted women or children to outside the
country.
Abducting and trafficking women or children refers to abducting,
kidnapping, buying, selling, transporting, or transshipping
women or children.
Article 241. Those buying abducted women or children are
to be sentenced to three years or fewer in prison, or put
under
criminal detention or surveillance.
Those buying abducted women and forcing them to have sex
with them are to be convicted and punished according to
stipulations of article 236.
Those buying abducted women or children and illegally depriving
them of or restricting their physical freedom, or injuring
or
insulting them, are to be convicted and punished according
to relevant stipulations of this law.
Those buying abducted women or children and committing crimes
stipulated in paragraphs two and three of this article are
to be
punished for committing more than one crime.
Those buying and selling abducted women or children are to
be convicted and punished according to article 240 of this
law.
Those buying abducted women or children but not obstructing
bought women from returning to their original residence in
accordance with their wishes, or not abusing bought children
and not obstructing efforts to rescue them, may not be investigated
for their criminal liability.
Article 242. Those using force or coercion to obstruct workers
of state organs from rescuing bought women or children are
to be convicted and punished according to article 277 of this
law.
Primary elements who lead other people to obstruct workers
of state organs from rescuing bought women or children are
to be
sentenced to five years or fewer in prison or put under criminal
detention. Other elements who use force or coercion are to
be
punished according to paragraph one of this article.
Article 243. Those fabricating stories to frame others or
in an attempt to subject others to criminal investigation,
if the case is
serious, are to be sentenced to three years or fewer in prison,
or put under criminal detention or surveillance. Those causing
serious consequences are to be sentenced to three to 10 years
in prison.
Workers of state organs committing crimes stipulated in the
above paragraph are to be severely punished.
Stipulations in the above two paragraphs do not apply to
those who do not deliberately frame others but accuse others
by
mistake, or who report others' crimes not conforming to the
facts.
Article 244. Persons of employing units who are directly
responsible for forcing workers to labor by restricting their
physical
freedom in violation of labor management laws and regulations
are to be sentenced to three years or fewer in prison or put
under criminal detention, in addition to fine, or are to be
fined.
Article 245. Those illegally physically searching others
or illegally searching others' residences, or those illegally
intruding into
others' residences, are to be sentenced to three years or
fewer in prison, or put under criminal detention.
Judicial workers committing crimes stipulated in the above
paragraph by abusing their authority are to be severely punished.
Article 246. Those openly insulting others using force or
other methods or those fabricating stories to slander others,
if the
case is serious, are to be sentenced to three years or fewer
in prison, put under criminal detention or surveillance, or
deprived of
their political rights.
Those committing crimes mentioned above are to be investigated
only if they are sued, with the exception of cases that seriously
undermine social order or the state's interests.
Article 247. Judicial workers who extort a confession from
criminal suspects or defendants by torture, or who use force
to
extract testimony from witnesses, are to be sentenced to three
years or fewer in prison or put under criminal detention.
Those
causing injuries to others, physical disablement, or death,
are to be convicted and severely punished according to articles
234
and 232 of this law.
Article 248. Supervisory and management personnel of prisons,
detention centers, and other guard houses who beat or
physically abuse their inmates, if the case is serious, are
to be sentenced to three years or fewer in prison or put under
criminal
detention. If the case is especially serious, they are to
be sentenced to three to 10 years in prison.
Those causing injuries to injuries, physical disablement,
or death, are to be convicted and severely punished according
to article
234 and 232 of this law.
Supervisory and management personnel who order inmates to
beat or physically abuse other inmates are to be punished
according to stipulations in the above paragraph.
Article 249. Those provoking ethnic hatred or discrimination,
if the case is serious, are to be sentenced to three years
or
fewer in prison, put under criminal detention or surveillance,
or deprived of their political rights. If the case is especially
serious,
they are to be sentenced to three to 10 years in prison.
Article 250. Persons directly responsible for publishing
materials that discriminate or insult minority nationalities,
if the case is
serious and results in grave consequences, are to be sentenced
to three years or fewer in prison, or put under criminal detention
or surveillance.
Article 251. Workers of state organs who illegally deprive
citizens' right to religious beliefs or who encroach on minority
nationalities' customs or habits, if the case is serious,
are to be sentenced to two years or fewer in prison or put
under criminal
detention.
Article 252. Those infringing upon the citizens right of
communication freedom by hiding, destroying, or illegally
opening
others' letters, if the case is serious, are to be sentenced
to one year or less in prison or put under criminal detention.
Article 253. Postal workers who open, hide, or destroy mail
or telegrams without authorization are to be sentenced to
two
years or less in prison or put under criminal detention.
Those committing crimes stipulated in the above paragraph
and stealing money or other articles are to be convicted and
severely
punished according to article 264 of this law.
Article 254. Workers of state organs who abuse their authority
by retaliating against or framing accusers, petitioners,
criticizers, or informants, in the name of conducting official
business, are to be sentenced to two years or less in prison
or put
under criminal detention. If the case is serious, they are
to be sentenced to two to seven years in prison.
Article 255. Leaders of companies, enterprises, institutions,
offices, or other organizations who persecute and retaliate
against
accountants or statisticians who perform their duty according
to law and boycott acts that violate the accounting and statistics
law, if the case is serious, are to be sentenced to three
years or fewer in prison or put under criminal detention.
Article 256. In electing deputies to the people's congresses
at all levels or leaders of state organs, those who undermine
the
elections or obstruct voters and deputies from freely exercising
their right to vote or be elected by using force, coercion,
deception, bribe; by falsifying election documents; by making
a false report on the numbers of ballots; or by using other
means,
if the case is serious, are to be sentenced to three years
or fewer in prison, put under criminal detention, or deprived
of their
political rights.
Article 257. Those using force to interfere in others' freedom
of marriage are to be sentenced to two years or fewer in prison
or put under criminal detention.
Those committing crimes stipulated in the above paragraph
and causing others to die are to be sentenced to two to seven
years
in prison.
Those committing crimes stipulated in the first paragraph
of this article are to be investigated only if they are sued.
Article 258. Those who have a spouse and get married again,
or who marry someone whom they know has a spouse, are to
be sentenced to two years or fewer in prison or put under
criminal detention.
Article 259. Those who live together with or marry someone
whom they know is the spouse of an active duty service member
are to be sentenced to three years or fewer in prison or put
under criminal detention.
Those who use their authority or subordinate relationship
to seduce the wives of active duty servicemen for illicit
sexual relations
by resorting to coercion are to be convicted and punished
according to article 236 of this law.
Article 260. Those mistreating their family members, if the
case is serious, are to be sentenced to two years or less
in prison,
or put under criminal detention or surveillance.
Those committing crimes stipulated in the above paragraph
and causing the victims to severe injuries or death are to
be
sentenced to two to seven years in prison.
Those committing crime stipulated in the first paragraph
of this article are to be investigated only if they are sued.
Article 261. Those who have the obligation but refuse to
support those who are aged, young, sick, or do not have the
ability
to live independently, if the case is serious, are to be sentenced
to five years or fewer in prison or put under criminal detention
or
surveillance.
Article 262. Those abducting minors under 14 years of age
from their family or guardians are to be sentenced to five
years or
less in prison or put under criminal detention.
Chapter V The Crime of Encroaching on Property
Article 263. Those robbing public or private property using
force, coercion, or other methods are to be sentenced to three
to
10 years in prison in addition to fine. Those falling in one
or more of the following cases are to be sentenced to 10 years
or
more in prison, given life sentences, or sentenced to death,
in addition to fines or confiscation of property:
(1) those intruding into others' houses to rob;
(2) those committing robbery on public transportation vehicles;
(3) those robbing banks or other financial institutions;
(4) those committing several robberies or robbing large amounts
of money or other properties;
(5) those causing serious injuries to or death while robbing;
(6) those committing robbery posing as servicemen or policemen;
(7) those committing robbery using guns;
(8) those robbing materials for military use, or materials
for fighting disasters or relieving disaster victims.
Article 264. Those who steal relatively large amounts of
public or private property and money or have committed several
thefts are to be sentenced to three years or fewer in prison
or put under criminal detention or surveillance, in addition
to fines; or
are to be fined. Those stealing large amounts of property
and money or involving in other serious cases are to be sentenced
to
three to 10 years in prison, in addition to fines. Those stealing
extraordinarily large amounts of property and money or involving
in especially serious cases are to be sentenced to 10 years
or more in prison or given life sentences, in addition to
fines or
confiscation of property. Those falling in one or more of
the following cases are to be given life sentence or sentenced
to death,
in addition to confiscation of property:
(1) Those stealing extraordinarily large amounts of money
and property from financial institutions;
(2) those committing serious thefts of precious cultural
relics.
Article 265. Those stealing others' communication lines or
reproducing others' telecommunication codes for the purpose
of
making profits, or those using telecommunication equipment
or facilities knowing that they are stolen or reproduced are
to be
convicted and punished according to article 264 of this law.
Article 266. Those defrauding relatively large amounts of
public or private money and property are to be sentenced to
three
years or fewer in prison or put under criminal detention or
surveillance, in addition to fines; or are to be fined. Those
defrauding
large amounts of money and property or having involvement
in other serious cases are to be sentenced to three to 10
years in
prison, in addition to fines. Those defrauding extraordinarily
large amounts of money and property or involving in especially
serious cases are to be sentenced to 10 years or more in prison
or given life sentences, in addition to fines or confiscation
of
property. If cases are governed by other stipulations of this
law, those stipulations shall apply.
Article 267. Whoever seizes public and private property,
and the amount involved is quite large, is to be sentenced
to not
more than three years of fixed-term imprisonment, criminal
detention, or control; and may also be sentenced to a fine,
additionally or exclusively. When the amount involved is huge
and the other circumstances are serious, the sentence is to
be not
less than three years but not more than 10 years of fixed-term
imprisonment in addition to a fine. When the amount involved
is
particularly huge and the other circumstances are particularly
serious, the sentence is to be not less than 10 years of fixed-term
imprisonment, or life imprisonment, in addition to a fine
or confiscation of property.
Whoever commits the crime with a lethal weapon is to be convicted
and punished according to the regulations in Article 263 of
this law.
Article 268. In cases where a crowd is assembled to seize
public of private property, and the amount involved is quite
large
and the other circumstances are serious, ringleaders and other
active participants are to be sentenced to not more than three
years of fixed-term imprisonment, criminal detention or control,
in addition to a fine; and the sentence is to be not less
than three
years and not more than 10 years, in addition to a fine, when
the amount involved is huge and the other circumstances are
particularly serious.
Article 269. Whoever commits the crimes of theft, fraud,
or forcible seizure, and uses violence, or threats to use
violence, at
the scene in order to conceal booty, resist arrest or destroy
criminal evidence, is to be convicted and punished in accordance
with Article 263 of this Law.
Article 270. Whoever illegally takes over another person's
property in the latter's custody, and the amount involved
is
relatively large, and refuses to return it, is to be sentenced
to not more than two years of fixed-term imprisonment, criminal
detention, or a fine; when the amount involved is huge and
the other circumstances are serious, the sentence is to be
not less
than two years but not more than five years of fixed-term
imprisonment, in addition to a fine.
Whoever illegally takes over someone's property which the
latter forgets to pick up, or the property someone had buried,
and
the amount involved is relatively large, and refuses to return
it, is to be punished according to the preceding paragraph.
The crimes in this article will not be prosecuted unless
a complaint is filed.
Article 271. In cases where a person of a company, enterprise,
or any unit, takes over the unit's property by taking advantage
of his office, and the amount involved in quite large, he
is to be sentenced to not more than five years of fixed-term
imprisonment, or criminal detention; when the amount involved
is huge, the sentence is to be not less than five years, and
may be
in addition to confiscation of property.
When personnel engage in public service in state-owned corporations,
enterprises, or other state-owned units; or when
personnel of these corporations, enterprises and units assigned
to engage in public service in nonstate-owned corporations,
enterprises, or other units themselves as stated in the preceding
paragraph, they are to be convicted and punished according
to
regulations in Articles 382 and 383 of this law.
Article 272. When personnel of companies, enterprises, and
other units, who take advantage of their offices to
misappropriate their units' funds for their own use or for
lending to others, and the amounts involved are relatively
large and have
not been returned for a period of over three months; or, when
the period is shorter than three months but the amounts involved
are quite large and the money is used for unlawful profit-making
activities, they are to be sentenced to not more than three
years
of fixed-term imprisonment or criminal detention; those who
misappropriate huge amounts of their units' funds, or those
whose
misappropriations are large and who refuse to return them
are to be sentenced to not less than three years but not more
than 10
years of fixed-term imprisonment.
Personnel engaged in public service in state-owned corporations,
enterprises and other state-owned units, and personnel
state-owned corporations, enterprises and other state-owned
units assigned to engage in public service at nonstate-owned
corporations, enterprises and other units as stated in the
preceding paragraph are to be convicted and punished according
to the
regulations in Article 384 of this Law.
Article 273. Those directly responsible for misappropriating
state funds and materials allocated for disaster relief,
emergencies, flood control, allowances for disabled servicemen
and the families of revolutionary martyrs and servicemen,
aid-the-poor programs, resettlement, and social relief, when
the circumstances are serious and have caused major damage
to
the interests of the state and the people, are to be sentenced
to not more than three years of fixed-termed imprisonment
or
criminal detention; when the circumstances are particularly
serious, the sentence is to be not less than three years but
not more
than seven years of fixed-term imprisonment.
Article 274. Whoever extorts public or private property by
blackmail, and the amount involved is quite large, is to be
sentenced to not more than three years of fixed-termed imprisonment,
criminal detention, or control; when the amount involved
is huge and the other circumstances are serious, the sentence
is to be not less than three years but not more than 10 years
of
fixed-term imprisonment.
Article 275. Whoever intentionally destroys public or private
property and the amount involved is quite large and the other
circumstances are serious is to be sentenced to not more than
three years of fixed-term imprisonment, criminal detention,
or a
sentence of a fine; when the amount involved is huge and the
other circumstances are particularly serious, the sentence
is to be
not less than three years but not more than seven years of
fixed-term imprisonment.
Article 276. Whoever destroys machinery or equipment, cruelly
injures or slaughters draft animals, or uses other means to
sabotage production or operation, with the purpose of giving
vent to spite, seeking revenge, or for other personal motives,
is to
be sentenced to not more than three years of fixed-term imprisonment,
criminal detention, or control; when the circumstance is
serious, the sentence is to be not less than three years but
not more than seven years of fixed-term imprisonment.
Chapter VI Crimes of Disrupting the Order of Social Administration
Section 1. Crimes of Disrupting Public Order
Article 277. Whoever uses violence or threat to obstruct
state personnel from discharging their duties is to be sentenced
to
not more than three years of fixed-term imprisonment, criminal
detention, or control; or a sentence of a fine.
Whoever uses violence or threats to obstruct National People's
Congress deputies, or local people's congress deputies, from
discharging their lawful deputy duties is to be punished according
to the preceding paragraph.
Whoever, in the event of a natural disaster or an emergency,
uses violence or threats to obstruct Red Cross personnel from
discharging their lawful responsibilities is to be punished
according to the first paragraph.
Whoever intentionally obstructs the state's security or public
security organs from carrying out their security assignments,
and
has caused serious consequences even though no violence or
threat is used is to be punished according to the first paragraph.
Article 278. Whoever instigates the masses to use violence
to resist the enforcement of state laws and administrative
regulations is to be sentenced to not more than three years
of fixed-term imprisonment, criminal detention, control, or
deprivation of political rights; when serious consequences
have been caused, the sentence is to be not less than three
years but
not more than seven years of fixed-term imprisonment.
Article 279. Whoever poses as state organ personnel to cheat
and bluff is to be sentenced to not more than three years
of
fixed-term imprisonment, criminal detention, control, or deprivation
of political rights; when the circumstances are serious, the
sentence is to be not less than three years but not more than
10 years of fixed-term imprisonment.
Whoever poses as a people's police to cheat and bluff is
to be heavily punished in accordance with the preceding paragraph.
Article 280. Whoever forges, alters, trades, steals, forcibly
seizes or destroys officials documents, certificates, or seals
of
state organs is to be sentenced to not more than three years
of fixed-term imprisonment; when the circumstances are serious,
the sentence is to be no less than three years but not more
than 10 years of fixed-term imprisonment.
Whoever forges seals of corporations, enterprises, institutions,
or people's organizations is to be sentenced to not more than
three years of fixed-term imprisonment, criminal detention,
control, or deprivation of political rights .
Whoever forges or alters citizens' identification cards is
to be sentenced to not more than three years of fixed- term
imprisonment, criminal detention, control, or deprivation
of political rights; when the circumstances are serious, the
sentence is to
be no less than three years but not more than seven years
of fixed-term imprisonment.
Article 281. Whoever illegally produces, purchases or sells
standard police uniforms, license plates of motor vehicles,
or other
special signs, police tools, and the consequences are serious,
is to be sentenced to not more than three years of fixed-term
imprisonment, criminal detention, or control; and may also
be sentenced to a fine, additionally or exclusively.
When a unit commits the crimes stated in the preceding paragraph,
the unit is to be fined, and its persons in charge and other
who are directly responsible are to be punished according
to the regulations in the preceding paragraph.
Article 282. Whoever illegally acquires state secrets by
stealing, secretly gathering, and purchasing is to be sentenced
to not
more than three years of fixed-term imprisonment, criminal
detention, control, or deprivation of political rights; when
the
circumstances are serious, the sentence is to be not less
than three years but not more than seven years of fixed-term
imprisonment.
Whoever possesses documents, information, or other articles
which are top secret or classified information of the state,
and
refuses to state their origins or use, is to be sentenced
to not more than three years of fixed-term imprisonment, criminal
detention, or control.
Article 283. Whoever illegal produces and sells monitoring,
photographing or other special espionage equipment is to be
sentenced to not more than three years of fixed-term imprisonment,
criminal detention, or control.
Article 284. Whoever illegally uses special monitoring or
photographing equipment and causes grave consequences is to
be
sentenced to not more than two years of fixed-term imprisonment,
criminal detention, or control.
Article 285. Whoever violates state regulations and intrudes
into computer systems with information concerning state affairs,
construction of defense facilities, and sophisticated science
and technology is be sentenced to not more than three years
of
fixed-term imprisonment or criminal detention.
Article 286. Whoever violates states regulations and deletes,
alters, adds, and interferes in computer information systems,
causing abnormal operations of the systems and grave consequences,
is to be sentenced to not more than five years of
fixed-term imprisonment or criminal detention; when the consequences
are particularly serious, the sentence is to be not less
than five years of fixed-term imprisonment.
Whoever violates state regulations and deletes, alters, or
adds the data or application programs installed in or processed
and
transmitted by the computer systems, and causes grave consequences,
is to be punished according to the preceding paragraph.
Whoever deliberately creates and propagates computer virus
and other programs which sabotage the normal operation of
the
computer system and cause grave consequences is to be punished
according to the first paragraph.
Article 287. Whoever uses a computer for financial fraud,
theft, corruption, misappropriation of public funds, stealing
state
secrets, or other crimes is to be convicted and punished according
to relevant regulations of this law.
Article 288. Whoever violates state regulations and installs
or uses radio stations (transmitters), occupies frequencies
without
authorization, and refuses to stop using them after being
ordered to do so, thus interfering in normal radio communications
and
causing serious consequences is to be sentenced to not more
than three years of fixed- term imprisonment, criminal detention,
or
control; and may also be sentenced to a fine, additionally
or exclusively.
When a unit commits the crimes stated in the preceding paragraph,
the unit is to be fined, and its persons in charge and others
who are directly responsible are to be punished according
to the preceding paragraph.
Article 289. Whoever causes a person's injury, disability
or death as result of assembling a crowd for "beating,
smashing and
looting" is to be convicted and punished according to
regulations in Articles 234 and 232 of this law. In cases
where public of
private property is destroyed or forcibly taken and carried
away, ringleaders, in addition to the ordering of restitution
of
compensation, are to be convicted and punished according to
Article 263 of this law.
Article 290. In cases where crowds are assembled to disturb
public order with serious consequences; where the process
of
work, production, business, teaching, and scientific research
are disrupted; and where serious losses have been caused,
the
ringleaders are to be sentenced to not less than three years
but not more than seven years of fixed-term imprisonment;
other
active participants are to be sentenced to not more than three
years of fixed-term imprisonment, criminal detention, control,
or
deprivation of political rights.
Assembling crowds to attack state organs, thus disrupting
their operations and causing serious losses, the ringleaders
are to be
sentenced to not less than five years but not more than 10
years of fixed-term imprisonment; and other active participants
are to
be sentenced to not less than five year of fixed-term imprisonment,
criminal detention, control, or deprivation of political rights.
Article 291. In cases where a crowd is assembled to disturb
order at stations, wharves, civil aviation stations, market
places,
public parks, theaters, exhibitions, sports grounds or other
public places, or a crowd is assembled to block traffic or
undermine
traffic order, or resist or obstruct state security administration
personnel who are carrying out their functions according to
law,
when the circumstances are serious, ringleaders are to be
sentenced to not more than five years of fixed-term imprisonment,
criminal detention, or control.
Article 292. In cases where a crowd is assembled to have
brawls, ringleaders and other active participants are to be
sentenced to not more than three years of fixed-term imprisonment,
criminal detention, or control. When the cases are one of
the following, ringleaders and other active participants are
to be sentenced to not less than three years but not more
than 10
years of fixed-term imprisonment:
(1) crowds are assembled on many occasions to have brawls;
(2) the size of crowds assembled to have brawls is large,
and bad social effects have been caused;
(3) crowds are assembled for brawls in public places or main
thoroughfares, and serious social disorders have been
caused; or
(4) crowds are assembled for brawls with tools.
Whoever assembles a crowd to have brawls, thus causing a
person serious injuries or death, is to be convicted and punished
according to Articles 234 and 232 of this Law.
Article 293. Whoever undermines public order with anyone
of the following provocative and disturbing behaviors is to
be
sentenced to not more than five years of fixed-term imprisonment,
criminal detention, or control:
(1) willfully attacking another person and the circumstances
are bad;
(2) chasing, intercepting, or cursing another person, and
the circumstances are bad;
(3) forcibly taking away, demanding, or willfully damaging
or seizing public or private property; and the circumstances
are
serious;
(4) creating a disturbance in a public place, causing serious
disorder.
Article 294. Whoever organizes, leads, or actively participates
in an organization with characteristics of a criminal syndicate,
which carries out lawless and criminal activities in an organized
manner through violence, threat, or other means, with the
aim of
playing the tyrant in a locality, committing all sorts of
crimes, bullying and harming the masses, and doing what has
seriously
undermined economic and social order is to be sentenced to
not less than three years but not more than 10 years of fixed-term
imprisonment. Other participants are to be sentenced to not
more than three years of fixed-term imprisonment, criminal
detention, control, or deprivation of political rights.
Personnel of overseas criminal syndicates who come to the
PRC to recruit members are to be sentenced to not less than
three
years but not more than 10 years of fixed-term imprisonment.
Whoever commits other crimes in addition to those in the
preceding two paragraph is to the punished according to regulations
for punishing multiple crimes.
State organ personnel who harbor an organization with characteristics
of a criminal syndicate, or who connives at the
organization's lawless and criminal activities is to be sentenced
to not more than three years of fixed-term imprisonment, criminal
detention, or deprivation of political rights; when the circumstances
are serious, the sentence is to be not less than three years
but not more than 10 years of fixed-term imprisonment.
Article 295. Whoever teaches crime-committing methods is
to be to be sentenced to not more than five years of fixed-term
imprisonment, criminal detention, or control; when the consequences
are serious, to not less than five years of fixed-term
imprisonment; when the consequences are particularly serious,
to life imprisonment or death penalty.
Article 296. Whoever holds an assembly, parade, demonstration
without application in accordance with the law or without
authorization after application, or does not carry it out
in accordance with the beginning time and ending time, place,
and road as
permitted by authorities concerned, and refuses to obey an
order to dismiss, thereby seriously sabotaging social order,
those
personnel who are in charge and those who are directly responsible
are to be to be sentenced to not more than five years of
fixed-term imprisonment, criminal detention, control or deprived
of political rights.
Article 297. Whoever violates laws and regulations by bringing
with them weapons, controlled knives and tools or explosive
articles to participate in an assembly, parade, demonstration
is to be to be sentenced to not more than three years of fixed-term
imprisonment, criminal detention, control or deprived of political
rights.
Article 298. Whoever disturbs, collides, or sabotages with
other methods the legally-held assembly, parade, demonstration,
thereby giving rise to chaotic public order is to be to be
sentenced to not more than five years of fixed-term imprisonment,
criminal detention, control or deprived of political rights.
Article 299. Whoever purposely insults the national flag,
national emblem of the PRC in a public place with such methods
as
burning, destroying, scribbling, soiling, and trampling is
to be to be sentenced to not more than three years of fixed-term
imprisonment, criminal detention, control or deprived of political
rights.
Article 300. Whoever organizes and utilizes superstitious
sects, secret societies, and evil religious organizations
or sabotages
the implementation of the state's laws and executive regulations
by utilizing superstition is to be sentenced to not less than
three
years and not more than seven years of fixed-term imprisonment;
when circumstances are particularly serious, to not less than
seven years of fixed-term imprisonment.
Whoever organizes and utilizes superstitious sects, secret
societies, and evil religious organizations or cheats others
by utilizing
superstition, thereby giving rise to the death of people is
to be punished in accordance with the previous paragraph.
Whoever organizes and utilizes superstitious sects, secret
societies, and evil religious organizations or has illicit
sexual relations
with women, defraud money and property by utilizing superstition
is to be convicted and punished in accordance with the
regulations of articles 236, 266 of the law.
Article 301. Whoever takes a lead in assembling a crowd to
engage in promiscuous activities or repeatedly participates
in
such activities is to be sentenced to not more than five years
of fixed-term imprisonment, criminal detention, or control.
Whoever seduces minors to participate in mass promiscuous
activities is to be severely punished in accordance with the
previous paragraph.
Article 302. Whoever steals, insults corpses is to be sentenced
to not more than three years of fixed-term imprisonment,
criminal detention, or control.
Article 303. Whoever, for the purpose of reaping profits,
assembles a crow to engage in gambling, opens a gambling house,
or makes an occupation of gambling is to be sentenced to not
more than three years of fixed-term imprisonment, criminal
detention, or control, in addition to fine.
Article 304. Postal service personnel who are severely irresponsible,
purposely delay sending mails thereby giving rise to
great loss of public properties, interests of the state and
people are to be sentenced to not more than two years of fixed-term
imprisonment or criminal detention.
Section 2. Crimes of Disrupting Justice
Article 305. During the course of criminal procedures, any
witness, expert witness, recorder, translator who purposely
makes
false testimony, makes expert evaluation, records, translates
with an intention to frame others or conceal criminal evidence
in the
circumstances which have an important bearing on a case is
to be sentenced to not more than three years of fixed-term
imprisonment or criminal detention; when the circumstances
are severe, to not less than three years and not more than
seven
years of fixed-term imprisonment.
Article 306. During the course of criminal procedure, any
defender, law agent destroys, falsifies evidence, assist parties
concerned in destroying, falsifying evidence, threatening,
luring witnesses to contravene facts, change their testimony
or make
false testimony is to be sentenced to not more than three
years of fixed-term imprisonment or criminal detention; when
the
circumstances are severe, to not less than three years and
not more than seven years of fixed-term imprisonment.
If witnesses, testimonies, or other evidences provided, shown,
used by a defender, law agent are not true but are not falsified
purposely, they do not fall into the category of falsifying
evidences.
Article 307. Whoever stops with violence, threat, bribe,
and other methods a witness to testify or instigates others
to make
false testimony is to be sentenced to not more than three
years of fixed-term imprisonment or criminal detention; when
the
circumstances are severe, to not less than three years but
not more than seven years of fixed-term imprisonment.
Whoever assists the parties concerned in destroying or falsifying
evidences is to be sentenced to not more than three years
of
fixed-term imprisonment or criminal detention if the circumstances
are severe.
Any judicial personnel committing the crimes as stated in
the previous two paragraphs is to be severely punished.
Article 308. Whoever resorts to persecution and retaliation
against a witness is to be sentenced to not more than three
years
of fixed-term imprisonment or criminal detention; when the
circumstances are severe, to not less than three years and
not more
than seven years of fixed-term imprisonment.
Article 309. Whoever gathers a crowd to make disturbances,
charges a court, or beats judicial personnel, severely disturbs
the order of a court is to be sentenced to not more than three
years of fixed-term imprisonment, criminal detention, control
or to
be fined.
Article 310. Whoever provides a person who he clearly knows
to be a convict witha hiding place, financial and material
support, assists him to escape, hides, or protects him by
falsifying evidence is to be sentenced to not more than three
years of
fixed-term imprisonment, criminal detention, or control; when
the circumstances are severe, to not less than three years
but not
more than ten years of fixed-term imprisonment.
Whoever commits a crime as stated in the previous paragraph
and conspires in advance is to be punished as committing a
joint
crime.
Article 311. Whoever refuses to provide information, when
the state's public security organs look into relevant situations
and
collect relevant evidence from him, about other people who
he clearly knows have conducted criminal espionage activities
is to
be sentenced to not more than three years of fixed-term imprisonment,
criminal detention, or control if the circumstances are
severe.
Article 312. Whoever conceals, transfers, purchases, or acts
as an agent to sell something he clearly knows as booty which
have been gained through committing a crime is to be sentenced
to not more than three years of fixed-term imprisonment,
criminal detention, or control and may in addition or exclusively
be sentenced to a fine.
Article 313. Whoever refuses to carry out a decision or order
made by a people's court while he is able to carry it out
is to be
sentenced to not more than three years of fixed-term imprisonment,
criminal detention, or be fined if the circumstances are
severe.
Article 314. Whoever hides, transfers, sells off, purposely
destroys property which is already sealed, seized, or frozen
is to be
sentenced to not more than three years of fixed-term imprisonment,
criminal detention, or be fined if the circumstances are
severe.
Article 315. Criminals who, in accordance with the law, are
already under detention and perform one of the following acts
which sabotage supervision order are to be sentenced to not
more than three years of fixed-term imprisonment if the
circumstances are severe:
(1) beat supervising personnel;
(2) organize other people under detention to sabotage supervision
order;
(3) assemble a crowd to make trouble, thereby disturbing
normal supervision order;
(4) beat, carry out corporal punishment on or instigate other
people to beat, carry out corporal punishment on other
people under detention.
Article 316. Criminals, defendants, criminal suspects who
are already under detention in accordance with the law and
who
escape are to be sentenced to not more than five years of
fixed-term imprisonment or criminal detention.
Whoever seizes by force criminals, defendants, criminal suspects
who are sent under escort is to be sentenced to not more than
seven years of fixed-term imprisonment; when the circumstances
are severe, to not less than seven years of fixed-term
imprisonment.
Article 317. Whoever takes a lead in organizing an attempt
to escape from a prison or whoever takes an active part in
the
attempt is to be sentenced to not less than five years of
fixed-term imprisonment; others who participate in the attempt
to not
more than five years of fixed-term imprisonment or criminal
detention.
Whoever takes a lead in staging a riot to escape from a prison
or in assembling a crowd to open a prison with tools or whoever
takes an active part in the attempt is to be sentenced to
not less than ten years of fixed-term imprisonment or life
imprisonment;
when the circumstances are particularly severe, to death penalty;
others who participate in the attempt to not less than three
years and not more than ten years of fixed-term imprisonment.
Section 3. Crimes of Disrupting Administration of the Border
Article 318. Whoever organizes people to secretly cross the
national boundary (border) shall be sentenced to not less
than
two years and not more than seven years of fixed- term imprisonment
and a fine; or not less than seven years of fixed-term
imprisonment or to life imprisonment, and may in addition
be sentenced to a fine or confiscation of property for any
of the
following situations:
(1) ringleader who organizes people to secretly cross the
national boundary (border);
(2) repeatedly organizing people to secretly cross the national
boundary (border) or organizing a large number of people
to secretly cross the national boundary (border);
(3) causing serious injuries and deaths to the people being
organized;
(4) depriving or restricting personal freedom of the people
being organized;
(5) resisting investigation by violent or threatening methods;
(6) obtaining huge amounts of illegal income;
(7) other exceptionally serious circumstances.
Whoever commits the crimes mentioned in the preceding paragraph,
killing, harming, raping, and kidnapping and selling the
people being organized, or the crimes of killing and harming
investigating personnel shall be punished in accordance with
the
stipulations concerning combined punishment for more than
one crime.
Article 319. Whoever defrauds people, in the name of labor
export and economic and trade exchanges or for other reasons,
of their exit documents such as passports and visas through
fraud and deception for use in organizing people in the secret
crossing of the national boundary (border) shall be sentenced
to not more than three years of fixed-term imprisonment, and
may
in addition be sentenced to a fine; and when the circumstances
are serious, not less than three years and not more than 10
years
of fixed-term imprisonment, and may in addition be sentenced
to a fine.
Institutions which commit the crimes mentioned in the preceding
paragraph shall be sentenced to a fine, and principal personnel
directly responsible for the crime and other personnel with
direct responsibility shall be punished in accordance with
the
stipulations of the preceding paragraph.
Article 320. Whoever provides fake and altered exit and entry
documents such as passports and visas, or sells exit and entry
documents such as passports and visas, shall be sentenced
to not more than five years of fixed-term imprisonment, and
may in
addition be sentenced to a fine; and when the circumstances
are serious, not less than five years of fixed-term imprisonment,
and
may in addition be sentenced to a fine.
Article 321. Whoever transports people secretly across the
national boundary (border) shall be sentenced to not more
than
five years of fixed-term imprisonment and criminal detention
or control, and may in addition be sentenced to a fine; or
not less
than five years and not more than 10 years of fixed-term imprisonment
and a fine for any of the following situations:
(1) repeatedly involving in transporting activities or transporting
a large number of people;
(2) using transportation means such as ships and vehicles
that do not meet essential safety conditions and that are
sufficient to cause serious consequences;
(3) otaining huge amount of illegal income;
(4) other exceptionally serious circumstances.
Whoever, in the course of transporting people secretly across
the national boundary (border), causes heavy injuries and
deaths
to the people being transported or resists investigation by
violent and threatening methods shall be sentenced to not
less than
seven years of fixed-term imprisonment, and may in addition
be sentenced to a fine.
Whoever commits the crimes mentioned in the two preceding
paragraphs by killing, harming, raping, and kidnapping and
selling
the people being transported; or the crimes of killing and
harming investigating personnel shall be punished in accordance
with
the stipulations concerning combined punishment for more than
one crime.
Article 322. Whoever violates the laws and regulations controlling
secret crossing of the national boundary (border), and
when the circumstances are serious, shall be sentenced to
not more than one year of fixed-term imprisonment and criminal
detention or control.
Article 323. Whoever intentionally sabotages boundary tablets,
boundary markers or survey indicators of a permanent nature
along the borders of the country shall be sentenced to not
more than three years of fixed-term imprisonment or criminal
detention.
Section 4. Crimes of Disrupting Administration of Cultural
Relics
Article 324. Whoever intentionally destroys precious cultural
relics under state protection or designated cultural relics
of state
institutions for protecting major cultural relics and provincial-level
cultural relics protection departments shall be sentenced
to not
more than three years in fixed-term imprisonment or criminal
detention, and may in addition or exclusively be sentenced
to a
fine; or when the circumstances are serious, not less than
three years and not more than 10 years of fixed-term imprisonment,
and may in addition be sentenced to a fine.
Whoever intentionally destroys state-protected places of
historical interest or scenic beauty, and when the circumstances
are
serious, shall be sentenced to not more than five years of
fixed-term imprisonment or criminal detention, and may in
addition or
exclusively be sentenced to a fine.
Whoever, through negligence, destroys precious cultural relics
under state protection or designated cultural relics of state
institutions for protecting major cultural relics and provincial-level
cultural relics protection departments shall be sentenced
to not
more than three years in fixed- term imprisonment or criminal
detention.
Article 325. Whoever violates laws and regulations on cultural
relics protection by secretly selling or giving to foreigners
his or
her collection of precious cultural relics, the export of
which is banned by the state shall be sentenced to not more
than five
years of fixed-term imprisonment or criminal detention, and
may in addition be sentenced to a fine.
Institutions which commit the crime mentioned in the preceding
paragraph shall be sentenced to a fine, and principal personnel
directly responsible for the crime and other personnel with
direct responsibility shall be punished in accordance with
the
stipulations of the preceding paragraph.
Article 326. Whoever, for the purpose of reaping profits,
resells cultural relics, the transaction of which is banned
by the state
and when the circumstances are serious, shall be sentenced
to not more than five years of fixed-term imprisonment or
criminal
detention, and may in addition be sentenced to a fine, or
when the circumstances are exceptionally serious, not less
than five
years and not more than 10 years of fixed-term imprisonment,
and may in addition be sentenced to a fine.
Institutions which commit the crime mentioned in the preceding
paragraph shall be sentenced to a fine, and principal personnel
directly responsible for the crime and other personnel with
direct responsibility shall be punished in accordance with
the
stipulations of the preceding paragraph.
Article 327. States-owned museums, libraries, and other units
that violate the laws and regulations on protection of cultural
relics, selling or giving without permission cultural relic
objects under state protection to non-state- owned units or
individuals
are to be sentenced to a fine and persons in direct charge
of the units and other persons directly involved in the case
for
responsibility are to be sentenced to not more than three
years of fixed-term imprisonment or criminal detention.
Article 328. Whoever robs ancient cultural ruins and ancient
tomb burial objects that have historical, artistic, and scientific
value are to be sentenced to not less than three years and
not more than ten years of fixed-term imprisonment and are
to be
sentenced to a fine; when the circumstances are relatively
light in nature, the sentence is to be not more than three
years of
fixed-term imprisonment, criminal detention or surveillance
and the offender is also to be sentenced to a fine; whoever
has one
of the following cases is to be sentenced to not less than
ten years of fixed-term imprisonment, life imprisonment or
death
penalty and are in addition to be sentenced to a fine or confiscation
of property.
(1) Robbing ancient cultural ruins and ancient tomb burial
objects slated as selected national cultural relic protection
units
and province-level cultural relic protection units;
(2) ringleaders of the gangs engaged in robbing ancient cultural
ruins and ancient tomb burial objects;
(3) whoever has robbed ancient cultural ruins and ancient
tomb burial objects many times; and
(4) whoever robs ancient cultural ruins and ancient tomb
burial objects and whoever steals precious cultural relics
or
causes great damage on precious cultural relics.
Whoever robs ancient human fossils and ancient vertebrate
fossils that have scientific value is to be punished according
to the
provisions of the preceding article.
Article 329. Whoever seizes and steals state-owned records
is to be sentenced to not more than five years of fixed-term
imprisonment or criminal detention.
Whoever violates the provisions of the Archives Law, selling
and transferring state-owned records without authorization
and
when the circumstances are serious is to be sentenced to not
more than three years of fixed-term imprisonment or criminal
detention.
Whoever commits the preceding two acts and at the same time,
they form the other crimes specified in this law is to be
convicted and punished according to the provisions that provide
relatively severe punishment.
Section 5. Crimes of Endangering Public Health
Article 330. Whoever violates the provisions of the Law on
Prevention and Cure of Contagious Diseases and has one of
the
following cases, causing the spread of A-category contagious
diseases or causing a serious danger of the spread of contagious
diseases is to be sentenced to not more than three years of
fixed-term imprisonment or criminal detention; when the
consequences are particularly serious, the sentence is to
be not less than three years and not more than seven years
of
fixed-term imprisonment.
(1) The drinking water supplied by water supply units is
not up to the hygienic standards set by the state;
(2) refusing to give sterilization treatment to sewage, pollutants,
and excrement and urine contaminated by pathogens of
contagious diseases according to the hygienic requirements
set by the sanitation and epidemic control organs;
(3) allowing or conniving at contagious disease suffers,
contagious disease pathogen carriers, and suspected contagious
disease sufferers to take up jobs susceptible to spreading
contagious diseases that are prohibited to be taken by such
persons by the provisions of the public health administrative
departments of the State Council; and
(4) refusing to implement the prevention and control measures
set by the sanitation and epidemic control organs in
accordance with the Law on Prevention and Cure of Contagious
Diseases.
Any unit that commits the preceding crimes is to be sentenced
to a fine and the person in direct charge of the unit and
other
persons directly involved in the case for responsibility are
to be punished according to the provisions of the preceding
article.
The scope of A-category contagious diseases is determined
in accordance with the "The Law of the People's Republic
of China
on Prevention and Cure of Contagious Diseases" and the
relevant provisions of the State Council.
Article 331. Personnel engaged in the testing, storage, carriage,
and transporting of contagious diseases' bacterial spawns
and
viruses violate the relevant provisions of the public health
administrative departments of the State Council, causing the
spread of
contagious diseases' bacterial spawns and viruses and resulting
in serious consequences are to be sentenced to not more than
three years of fixed-term imprisonment or criminal detention;
when the consequences are particularly serious, the sentence
is to
be not less than three years and not more than seven years
of fixed-term imprisonment.
Article 332. Whoever violates national border health and
quarantine regulations, causing the spread of quarantined
contagious
diseases or a serious danger of spreading them, is to be sentenced
to not more than three years of fixed-term imprisonment or
criminal detention, and may in addition or exclusively be
sentenced to a fine.
A unit which violates the crime of the preceding paragraph
shall be sentenced to a fine, and principal personnel directly
responsible to the unit and other personnel with direct responsibility
shall be penalized in accordance with the stipulations of
the
preceding paragraph.
Article 333. Whoever sells blood illegally by involving others
shall be sentenced to not more than five years of fixed-term
imprisonment and a fine. Whoever, by violent and threatening
methods, forces others to sell blood shall be sentenced to
not less
than five years and not more than 10 years of fixed-term imprisonment
and a fine.
Whoever causes harm to others through the act mentioned in
the preceding paragraph shall be convicted and fined in
accordance to stipulations of Article 234 of this law.
Article 334. Whoever illegally collects and supplies or produces
and supplies blood products that do not meet state-
stipulated standards, and enough to endanger human health,
shall be sentenced to not more than five years of fixed-term
imprisonment or criminal detentionand a fine. Whoever causes
serious harm to human health shall be sentenced to not less
than
five years and not more than 10 years of fixed-term imprisonment
and a fine; and for whoever causes exceptionally serious
consequences, a sentence of not less than 10 years of fixed-term
imprisonment or life imprisonment, and may in addition be
sentenced to a fine or confiscation of property.
Departments that have approval from principal state departments
to collect and supply blood or produce and supply blood
products but do not conduct inspection and tests in accordance
with stipulations or violate other operations specifications,
causing harm to human health, the unit concerned shall be
fined, and principal personnel directly responsible to the
unit and other
personnel with direct responsibility shall be sentenced to
not more than five years of fixed-term imprisonment or criminal
detention.
Article 335. Medical personnel who fail seriously to carry
out their responsibility, causing the death of patients or
serious harm
to the health of patients shall be sentenced to not more than
three years of fixed-term imprisonment or criminal detention.
Article 336. Whoever illegally engages in medical practice
without obtaining the qualification for medical practice,
and when
the circumstances are serious, shall be sentenced to not more
than three years of fixed-term imprisonment, criminal detention,
or
control, and may in addition or exclusively be sentenced to
a fine. Whoever causes serious harm to the health of patients
shall be
sentenced to not less than three years and not more than 10
years of fixed-term imprisonment, and a fine. Whoever causes
the
death of patients shall be sentenced to not less than 10 years
of fixed-term imprisonment and a fine.
Whoever conducts unauthorized birth control reversal surgery,
fake birth control surgery, and pregnancy termination surgery,
or
takes out birth control devices from the womb, and when the
circumstances are serious, shall be sentenced to not more
than
three years of fixed-term imprisonment, criminal detention,
or control, and may in addition or exclusively be sentenced
to a fine.
Whoever causes serious harm to the health of patients shall
be sentenced to not less than three years and not more than
10
years of fixed-term imprisonment and a fine. Whoever causes
the death of patients shall be sentenced to not less than
10 years
of fixed-term imprisonment and a fine.
Article 337. Whoever violates the stipulations of the Quarantine
Law on the Entry and Exit of Animals and Plants, causing
major proliferation of animal and plant diseases, shall be
sentenced to not more than three years of fixed- term imprisonment
or
criminal detention, and may in addition or exclusively be
sentenced to a fine.
Units that commit the crime of the preceding paragraph shall
be sentenced to a fine, and principal personnel directly responsible
to the unit and other personnel with direct responsibility
shall be penalized in accordance with the stipulations of
the preceding
paragraph.
Section 6. Crimes of Undermining Protection of Environmental
Resources
Article 338. Whoever releases, dumps, or disposes of radioactive
wastes, wastes containing pathogen of contagious diseases,
and toxic materials or other dangerous wastes into land, water,
and the atmosphere in violation of state stipulations, causing
major environment pollution accidents, heavy losses to public
and private property, or grave consequences of personal deaths
and injuries shall be sentenced to not more than three years
of fixed-term imprisonment or criminal detention, and may
in
addition or exclusively be sentenced to a fine; and in exceptionally
serious consequences, not less than three years and not more
than seven years of fixed-term imprisonment, and a fine.
Article 339. Those who dump, store or process solid waste
from abroad in the country in violation of state regulations
are to
be sentenced to not more than five years of fixed-term imprisonment
or criminal detention, and in addition be sentenced to a
fine. Those whose acts cause serious environmental pollution
and major damages to public or private properties or seriously
endanger people's health are to be punished by sentence of
not less than five years and not more than 10 years of fixed-term
imprisonment, and in addition be sentenced to a fine. Those
whose acts have especially serious consequences are to be
sentenced to more than 10 years of fixed-term imprisonment,
and in addition be sentenced to a fine.
Those who import solid waste as raw material without the
approval of concerned administrative department of the State
Council
and cause serious environmental pollution, major damages to
public or private properties and or seriously endanger people's
health are to be sentenced to not more than five years of
fixed-term imprisonment or criminal detention, and in addition
be
sentenced to a fine.
Those whose acts are especially serious are to be sentenced
to not less than five years and not more than 10 years of
fixed-term
imprisonment, and in addition be sentenced to a fine.
Those who import solid waste in the name of raw material
which cannot be used as material are to be punished in accordance
with the provisions of Article 155 of this Law.
Article 340. Those who violate laws and regulations to protect
aquatic products and catch aquatic products in forbidden
areas or forbidden periods or use tools and methods in violation
of regulations in a serious nature are to be sentenced to
not
more than three years of fixed-term imprisonment or criminal
detention or control, and may in addition be sentenced to
a fine.
Article 341. Those who illegally hunt and kill rare and endangered
wild animals which are under the state key production plan
or illegally purchase, transport or sell those rare and endangered
wild animals and their manufactured products are to be
sentenced to not more than five years of fixed-term imprisonment
or criminal detention, and may in addition be sentenced to
a
fine. In serious cases, those law offenders are to be sentenced
to not less than five years and not more than 10 years of
fixed-term imprisonment, and may in addition be sentenced
to a fine. In especially serious cases, those law offenders
are to be
sentenced to more than 10 years of fixed-term imprisonment,
and in addition be sentenced to a fine and confiscation of
their
properties.
Those who violate hunting law and regulations and use tools
and methods which are forbidden to be used in no- hunting
zones
or periods and thus damage the source of wild animals and
if the situation is serious are to be sentenced to not more
than five
years of fixed-term imprisonment or criminal detention or
control, and in addition be sentenced to a fine.
Article 342. Those who illegally occupy farmland for other
uses in violation of land administrative law and regulations
in a
relatively large area and cause damage to large tracts of
farmland are to be sentenced to not more than five years of
fixed-term
imprisonment or criminal detention, and in addition be sentenced
to a fine or may be sentenced to a simple fine.
Article 343. Those who violate the stipulations of the Mineral
Resources Law and start to engage in mining operation without
first obtaining a mining permit, those who wantonly enter
state mining areas which are important to the national economy
or
mining areas of other people, those who wantonly excavate
special minerals protected by the state and those who continue
mining operations and cause damage to mineral resources after
receiving a notice to stop such operation are to be sentenced
to
not more than three years of fixed-term imprisonment or criminal
detention or control, and in addition be sentenced to a fine
or
may be sentenced to a simple fine. Those whose operations
have caused serious damages to natural resources are to be
sentenced to not less than three years and not more than seven
years of fixed-term imprisonment, and in addition be sentenced
to a fine.
Those who violate the stipulations of Mineral Resources Law
and use destructive mining methods to tap mineral resources
and
have caused serious damages to mineral resources are to be
sentenced to not more than five years of fixed-term imprisonment
or criminal detention, and in addition be sentenced to a fine.
Article 344. Those who violate the stipulations of the Forestry
Law and engage in illegal logging and damage valuable trees
are to be sentenced to not more than three years of fixed-term
imprisonment or criminal detention or control, and in addition
be
sentenced to a fine. In serious cases, those law offenders
are to be sentenced to not less than three years and not more
than
seven years of fixed-term imprisonment and, in addition, be
sentenced to a fine.
Article 345. Those who have engaged in illegal logging of
forest or other trees in relatively large quantity are to
be sentenced
to not more than three years of fixed-term imprisonment, criminal
detention or control, and in addition be sentenced to a fine.
They may be punished by a simple fine. If the quantity is
quite large, those law offenders are to be sentenced to not
less than
three years and not more than seven years of fixed-term imprisonment
and, in addition, be sentenced to a fine. If the quantity
is
especially large, those law offenders are to be sentenced
to more than seven years of fixed-term imprisonment and, in
addition,
be sentenced to a fine. Those who violate the stipulations
of the Forestry Law and engage in wanton logging of forest
or other
trees in relatively large quantity are to be sentenced to
less than three years fixed- term imprisonment, or criminal
detention or
control and, in addition, be sentenced to a fine. They may
also be punished by a simple fine. If the quantity is especially
large,
the law offenders are to be sentenced to not less than three
years and not more than seven years of fixed-term imprisonment
and, in addition, be sentenced to a fine.
Those who, in order to make a profit, illegally purchase
timber from illegal or wanton logging in a serious manner
are to be
sentenced to less than three years of fixed-term imprisonment
or criminal detention or control and, in addition, be sentenced
to a
fine. They may also be punished by a simple fine. In especially
serious cases, those law offenders are to be sentenced to
not less
than three years and not more than seven years of fixed-term
imprisonment and, in addition, be sentenced to a fine.
Those who engage in illegal and wanton logging of forests
or other trees inside state natural protection zones are to
be punished
in a severe manner.
Article 346. If a unit commits the crimes stipulated in Article
338 to 345, the unit will be sentenced to a fine, while the
leading
person with direct responsibility and other personnel directly
responsible for such violations are to be punished in accordance
with the stipulations of related articles.
Section 7. Crimes of Smuggling, Trafficking, Transporting
and Manufacturing Drugs
Article 347. Those who commit the crimes of smuggling, trafficking,
transporting and manufacturing drugs, regardless of the
quantity of drugs, shall be investigated for their criminal
responsibility and punished according to the Criminal Law.
Those who smuggle, traffic, transport or manufacture drugs
with one of the following conditions are to be punished by
15 years
of fixed-term imprisonment, life imprisonment or death sentence,
and, in addition, confiscation of their properties:
(1) Smuggling, trafficking, transporting or manufacturing
opium with a quantity of more than 1,000 grams [ke 0344],
heroin or methylaniline [jia ji ben bing an 3946 1015 0058
0014 5143] with a quantity of more than 50 grams or other
narcotics with a large quantify;
(2) The principal leaders of criminal groups engaged in smuggling,
trafficking, transporting and manufacturing drugs;
(3) Those who use arms to cover up smuggling, trafficking,
transporting and manufacturing drugs;
(4) Those who use violence to resist inspection, detention
or arrest in serious situation; and
(5) Those who take part in organized international drug trafficking
activities.
Those who smuggle, traffic, transport or manufacture opium
with a quantity less than 1,000 grams but more than 200 grams,
those who smuggle, traffic, transport or manufacture heroin
or methylaniline with a quantity less than 50 grams but more
than 10
grams, and those who deal with other drugs in large quantity
are to be sentenced to more than seven years of fixed-term
imprisonment and, in addition, be sentenced to a fine.
Those who smuggle, traffic, transport or manufacture opium
with a quantity less than 200 grams, those who smuggle, traffic,
transport or manufacture heroin or methylaniline with a quantity
less than 10 grams, or those who deal with a small quantity
of
other drugs are to be sentenced to less than three years of
fixed-term imprisonment, detention or control, and, in addition,
be
sentenced to a fine. In more serious cases, those law offenders
are to be sentenced to more than three years but less than
seven
years of fixed-term imprisonment and, in addition, be sentenced
to a fine.
Units which commit the crimes as stated in (2), (3) and (4)
above are to be penalized with a fine. Their leading personnel
directly responsible for those acts and other directly responsible
personnel are to be punished in accordance with the above
sections of this article.
Those who utilize or urge youngsters to engage in smuggling,
trafficking, transporting or manufacturing drugs or selling
drugs to
youngsters are to be punished in a heavier manner.
As to those who commit crimes repeatedly, the quantities
of drugs involved in smuggling, trafficking, transporting
and
manufacturing will be combined in the judgment for sentencing.
Article 348. Those who illegally hold more than 1,000 grams
of opium or more than 50 grams of heroin or methylaniline
or
large quantities of other drugs are to be sentenced to more
than seven years of fixed-term imprisonment or life imprisonment
and, in addition, be sentenced to a fine. Those who illegally
hold more than 200 grams but less than 1,000 grams of opium
or
hold more than 10 grams of heroin but less than 50 grams of
methylaniline or hold a large quantity of other drugs are
to be
sentenced to less than three years of fixed-term imprisonment
or detention or control and, in addition, be sentenced to
paying a
fine. In serious cases, the law offenders are to be sentenced
to more than three years but less than seven years of fixed-term
imprisonment and, in addition, be sentenced to paying a fine.
Article 349. Those who provide cover for criminals who have
engaged in smuggling, trafficking, transporting and
manufacturing drugs and those who hide, move or conceal drugs
and properties of criminals are to be sentenced to less than
three years of fixed-term imprisonment, detaining or control.
In serious cases, they are to be sentenced to more than three
years
but less than 10 years of fixed-term imprisonment.
Anti-drug smuggling personnel or other workers of state organs
who shield or harbor criminal elements who smuggle, sell,
transport, or make drugs, are to be severely punished according
to stipulations of the above paragraph.
Those who conspire with others in advance to commit crimes
stipulated in the above two paragraphs of this article are
to be
handled as accomplices of smuggling, trafficking, transporting,
or making drugs.
Article 350. Those violating the state's regulations to illegally
transport or hand carry into or out of the country acetic
oxide,
ethyl ether, chloroform, or other raw materials or elixirs
for making drugs; and those violating the state's regulations
to illegally
sell or buy the aforementioned materials within the country,
are to be sentenced to three years or fewer in prison or put
under
criminal detention or surveillance, in addition to paying
a fine. Those involved in large amounts of drugs are to be
sentenced to
three to 10 years in prison, in addition to paying a fine.
Those providing aforementioned materials to those whom they
know are making drugs are to be handled as accomplices to
the
making of drugs.
Units committing crimes stipulated in the above two paragraphs
are to be fined, and their persons directly in charge and
other
personnel directly responsible for the case are to be punished
according to stipulations of the above two paragraphs.
Article 351. Illegal growing of opium poppy, marijuana, or
other kinds of plants from which drugs are extracted is to
be
forcibly eliminated. Those falling in one or more of the following
cases are to be sentenced to five years or fewer in prison
or put
under criminal detention or surveillance, in addition to fine:
(1) Those growing more than 500 but fewer than 3,000 opium
poppy plants, or those growing relatively large numbers of
other kinds of plants from which drugs are extracted;
(2) those who grow again after their cases have been settled
by a public security organ;
(3) those refusing and resisting elimination of their crops.
Those illegally growing more than 3,000 opium poppy plants
or large numbers of other kinds of plants from which drugs
are
extracted are to be sentenced to five years or more in prison,
in addition to paying a fine or having their property confiscated.
Those illegally growing opium poppy plants or other kinds
of plants from which drugs are extracted but voluntarily wiping
them
out before reaping them may be exempted from punishment.
Article 352. Those illegally selling, buying, transporting,
hand carrying, or those who are illegally in possession of
non-sterilized seeds or saplings of opium poppy or other kinds
of plants from which drugs are extracted, if the amounts are
relatively large, are to be sentenced to three years or fewer
in prison or put under criminal detention or surveillance,
in addition
to paying a fine; or are to be fined.
Article 353. Those who lure, instigate, or trick others into
taking or injecting drugs are to be sentenced to three years
or fewer
in prison or put under criminal detention or surveillance,
in addition to fine. If the case is serious, they are to be
sentenced to
three to seven years in prison in addition to paying a fine.
Those forcing others to take or inject drugs are to be sentenced
to three to 10 years in prison in addition to paying a fine.
Those luring, instigating, tricking, or forcing minors into
taking or injecting drugs are to be severely punished.
Article 354. Those harboring others who take or inject drugs
are to be sentenced to three years or fewer in prison or put
under criminal detention or surveillance, in addition to paying
a fine.
Article 355. Personnel who produce, transport, manage, or
use according to law narcotics or drugs for mental sickness
under
the state's control and who, in violation to the state's regulations,
provide those who take or inject drugs with addictive narcotics
or drugs for mental sickness that are under the state's control
are to be sentenced to three years or fewer in prison or put
under
criminal detention, in addition to fine. If the case is serious,
they are to be sentenced to three to seven years in prison
in addition
to paying a fine. Those providing addictive narcotics or drugs
for mental sickness that are under the state's control to
criminal
elements engaging in smuggling or trafficking drugs or, with
the purpose of making profits, to those taking or injecting
drugs, are
to be convicted and punished according to article 347 of this
law.
Units committing crime stipulated in the above paragraph
are to be fined, and their persons directly in charge and
other
personnel directly responsible for the case are to be punished
according to stipulations of the above paragraph.
Article 356. Those who have been convicted of smuggling,
trafficking, transporting, or making drugs, or who are illegally
in
possession of drugs, and who again commit the crime stipulated
in this section, are to be severely punished.
Article 357. Drugs as mentioned in this law refer to opium,
heroin, ice, morphine, marijuana, cocaine, and other addictive
narcotics and drugs for mental sickness that are under the
state's control.
The amounts of drugs are to be calculated according to the
verified amounts of drugs smuggled, sold, transported, or
made, or
the amounts illegally in possession, and are not to be calculated
in terms of the pureness of the drugs.
Section 8. The Crime of Organizing, Forcing, Seducing, Harboring,
or Introducing Prostitution
Article 358. Those organizing others for or forcing others
into prostitution are to be sentenced to five to 10 years
in prison in
addition to having to pay a fine. Those falling in one or
more of the following cases are to be sentenced to 10 years
or more in
prison or given a life sentence, in addition to a fine or
confiscation of property:
(1) Those committing serious crimes of organizing others
for prostitution;
(2) those forcing young girls under the age of 14 into prostitution;
(3) those forcing more than one person into prostitution
and those repeatedly forcing others into prostitution;
(4) those forcing others who were raped by them into prostitution;
(5) those causing severe injuries, death, or other serious
consequences to those who are forced into prostitution.
Those committing one or more of the above crimes, if the
case is especially serious, are to be given a life sentence
or sentenced
to death, in addition to confiscation of property.
Those helping others organize people for prostitution are
to be sentenced to five years or fewer in prison in addition
to a fine. If
the case is serious, they are to be sentenced to five to 10
years in prison in addition to being fined.
Article 359. Those harboring prostitution or seducing or
introducing others into prostitution are to be sentenced to
five years
or fewer in prison or put under criminal detention or surveillance,
in addition to paying a fine. If the case is serious, they
are to
be sentenced to five years or more in prison in addition to
a fine.
Those seducing young girls under 14 years of age into prostitution
are to be sentenced to five years or more in prison in addition
to a fine.
Article 360. Those engaging in prostitution or visiting a
whorehouse knowing that they are suffering from syphilis,
clap, or
other serious venereal diseases are to be sentenced to five
years or fewer in prison or put under criminal detention or
surveillance, in addition to having to pay a fine.
Those who visit young girl prostitutes under 14 years of
age are to be sentenced to five years or more in prison an
addition to
paying a fine.
Article 361. Personnel of hotels, restaurants, entertainment
industry, taxi companies, and other units who take advantage
of
their units' position to organize, force, seduce, harbor,
or introduce others to prostitution are to be convicted and
punished
according to articles 358 and 359 of this law.
Main persons in charge of the aforementioned units who commit
crimes stipulated in the above paragraph are to be severely
punished.
Article 362. Personnel of hotels, restaurants, entertainment
industry, taxi companies, or other units who inform law offenders
and criminals while public security personnel are checking
prostitution and whorehouse visiting activities, if the case
is serious,
are to be convicted and punished according to article 310
of this law.
Section 9. The Crime of Producing, Selling, or Disseminating
Obscene Materials
Article 363. Those producing, reproducing, publishing, selling,
or disseminating obscene materials with the purpose of making
profits are to be sentenced to three years or fewer in prison
or put under criminal detention or surveillance, in addition
to paying
a fine. If the case is serious, they are to be sentenced to
three to 10 years in prison in addition to having to pay a
fine. If the case
is especially serious, they are to be sentenced to 10 years
or more in prison or given life sentence, in addition to a
fine or
confiscation of property.
Those providing others with international standard book numbers
[ISBN] for publishing obscene books or magazines are to be
sentenced to three years or fewer in prison or put under criminal
detention or surveillance, in addition to having to pay a
fine; or
are to be fined. Those providing others with ISBNs knowing
that they are going to use them for publishing obscene books
or
magazines are to be punished according to the above stipulations.
Article 364. Those disseminating obscene books, magazines,
films, audio or video products, pictures, or other kinds of
obscene materials, if the case is serious, are to be sentenced
to two years or fewer in prison or put under criminal detention
or
surveillance.
Those organizing the broadcasting or showing of obscene motion
pictures, video films, or other kinds of audio or video
products are to be sentenced to three years or fewer in prison
or put under criminal detention or surveillance, in addition
to
having to pay a fine. If the case if serious, they are to
be sentenced to three to 10 years in prison in addition to
paying a fine.
Those producing or reproducing and organizing the broadcasting
or showing of obscene motion pictures, video tapes, or other
kinds of audio or video products are to be severely punished
according to stipulations in paragraph two of this article.
Those broadcasting or showing obscene materials to minors
under 18 years of age are to be severely punished.
Article 365. Those organizing an obscene performance are
to be sentenced to three years or fewer in prison or put under
criminal detention or surveillance, in addition to paying
a fine. If the case is serious, they are to be sentenced to
three to 10 years
in prison in addition to having to pay a fine.
Article 366. Units committing crimes stipulated in articles
363, 354, or 365 of this section are to be fined, and their
main
persons directly in charge and other personnel directly responsible
for the case are to be punished according to stipulations
of
respective articles.
Article 367. Obscene materials mentioned in this law refer
to erotic books, magazines, motion pictures, video tapes,
audio
tapes, pictures, and other obscene materials that graphically
describe sexual intercourse or explicitly publicize pornography.
Scientific products about physiological or medical knowledge
are not obscene materials.
Literary and artistic works of artistic value that contain
erotic contents are not regarded as obscene materials.
Chapter VII Crimes of Endangering the Interests of National
Defense
Article 368. Those who use methods of violence or threat
to obstruct military personnel from carrying out their duties
in
accordance with the law are to be sentenced to not more then
three years of fixed-term imprisonment, or criminal detention
or
control and may, in addition, be sentenced to a fine.
Those who intentionally obstruct military actions of the
armed forces and cause serious consequences are to be sentenced
to not
more than five years of fixed-term imprisonment or criminal
detention.
Article 369. Those who sabotage weapons and equipment, military
facilities or military communications are to be sentenced
to not more than three years of fixed- term imprisonment or
criminal detention or control. Those who sabotage important
weapons and equipment, military facilities or military communications
are to be sentenced to more than three years but less than
10 years of fixed-term imprisonment. Those whose crimes are
especially serious are to be sentenced to more than 10 years
of
fixed-term imprisonment, life imprisonment or death. During
war times, the punishment will be more severe.
Article 370. Those who knowingly supply unqualified weapons
and equipment and other military facilities to armed units
are
to be sentenced to not more than five years fixed- term imprisonment
or criminal detention. In serious cases, those law offenders
are to be sentenced to more than five years but less than
10 years of fixed-term imprisonment. In especially serious
cases, those
law offenders are to be sentenced to more than 10 years of
fixed-term imprisonment, life imprisonment or death.
Those who commit the above-mentioned crimes and cause serious
consequences due to negligence are to be sentenced to not
more than three years of fixed-term imprisonment or criminal
detention. Those who commit above- mentioned crimes and cause
especially serious consequences due to negligence are to be
sentenced to more than three years but less than seven years
of
fixed-term imprisonment.
If a unit commits crimes noted in section one of this article,
the unit will be sentenced to a fine. Leading personnel of
the unit
having direct responsibility and other personnel directly
responsible for the crimes are to be punished in accordance
with section
one of this article.
Article 371. The principal leaders of those who assemble
a crowd to charge military forbidden zones and seriously disrupt
order in military forbidden zones are to be sentenced to more
than five years but less than 10 years of fixed-term imprisonment.
Other active participants are to be sentenced to not more
than five years of fixed-term imprisonment, criminal detention
or
control or deprivation of political rights.
The principal leaders of those who assemble a crowd to seriously
disrupt order in military administrative zones, hamper
operation in the military administrative zones and cause serious
losses are to be sentenced to more than three years but less
than
seven years of fixed-term imprisonment.
Other active participants are to be sentenced to not more
than three years of fixed-term imprisonment, criminal detention,
control or deprivation of political rights.
Article 372. Those who pose as military personnel and engage
in cheating and bluffing are to be sentenced to not more than
three years of fixed-term imprisonment, criminal detention,
control or deprivation of political rights. In serious cases,
those law
offenders are to be sentenced to more than three years but
less than 10 years of fixed-term imprisonment.
Article 373. Those who instigate military personnel to escape
from the unit to which they belong or knowingly employ those
escaped military personnel are to be sentenced to not more
than three years of fixed-term imprisonment, criminal detention
or
control if the situation is serious.
Article 374. Those who play favoritism and commit irregularities
in conscription work or receive and deliver unqualified
enlisted men are to be sentenced to not more than three years
of fixed-term imprisonment or criminal detention if the situation
is
serious. Those law offenders are to be sentenced to more than
three years but less then seven years fixed-term imprisonment
if
the consequences are especially serious.
Article 375. Those who forge, alter, buy or sell, steal or
rob documents, certificates and seals of armed units are to
be
sentenced to not more than three years of fixed-term imprisonment,
criminal detention, control or deprivation of political rights.
If the situation is serious, those law offenders are to be
sentenced to more than three years but less than 10 years
of fixed-term
imprisonment.
Those who illegally produce, buy or sell uniform, vehicle
licenses and other military signs of armed forces are to be
sentenced to
not more three years of fixed-term imprisonment, criminal
detention or control if the situation is serious, and, in
addition, be
sentenced to a fine.
Units which commit the crime of paragraph two of this article
are to be sentenced to a fine. The principal leading persons
responsible for the crime and other directly responsible personnel
are to be punished in accordance with paragraph two of this
article.
Article 376. Reserve service personnel who refuse or evade
conscription or military training in times of war are to be
sentenced to not more than three years of fixed-term imprisonment
or criminal detention if the situation is serious.
Citizens who refuse or evade conscription in times of war
are to be sentenced to not more two years of fixed-term
imprisonment if the situation is serious.
Article 377. Those who intentionally provide false enemy
information and thus cause serious consequences are to be
sentenced to more than three years but less than 10 years
of fixed-term imprisonment. Those whose acts cause especially
serious consequences are to be sentenced to more then 10 years
of fixed-term imprisonment or life imprisonment.
Article 378. Those who create rumors and undermine the morale
of the armed forces are to be sentenced to not more three
years of fixed-term imprisonment, criminal detention or control.
In serious cases, those law offenders are to be sentenced
to
more than three years but less than 10 years of fixed-term
imprisonment.
Article 379. Those who knowingly provide shelter, properties
and things for escaped military personnel in times of war
are to
be sentenced to not more than three years of fixed-term imprisonment
or criminal detention if the situation is serious.
Article 380. Units which refuse or intentionally delay military
orders for supplies in times of war are to be sentenced to
a fine.
The principal leading responsible personnel and other persons
directly responsible for the crimes are to be sentenced to
not
more than five years of fixed-term imprisonment or criminal
detention. In serious cases, those law offenders are to be
sentenced
to more than five years of fixed-term imprisonment.
Article 381. Those who refuse military requisition in times
of war are to be sentenced to more than three years of fixed-term
imprisonment or criminal detention if the situation is serious.
Chapter VIII Graft and Bribery
Article 382. State personnel who take advantage of their
office to misappropriate, steal, swindle or use other illegal
means to
acquire state properties constitute the crime of graft.
Those who are entrusted by state organs, state companies,
state enterprises, state undertakings and mass organizations
to
administer and operate state properties but take advantage
of their office to misappropriate, steal, swindle or use other
illegal
means to acquire state properties also constitute the crime
of graft.
Those who collaborate with those personnel as listed in the
aforementioned two paragraphs and join the crime are considered
as committing a joint crime.
Article 383. Those who commit the crime of graft are to be
punished according to the following stipulations depending
on the
seriousness of their cases:
(1) Individuals who have engaged in graft with an amount
of more than 100,000 yuan are to be sentenced to more than
10 years of fixed-term imprisonment or life imprisonment and
may, in addition, have their properties confiscated. In
especially serious cases, those offenders are to be sentenced
to death and, in addition, have their properties confiscated.
(2) Individuals who have engaged in graft with an amount
of more than 50,000 yuan but less than 100,000 yuan are to
be
sentenced to more than 5 years of fixed-term imprisonment
and may, in addition, have their properties confiscated. In
especially serious cases, those offenders are to be sentenced
to life imprisonment and, in addition, have their properties
confiscated.
(3) Individuals who have engaged in graft with an amount
of more than 5,000 yuan but less than 50,000 yuan are to be
sentenced to more than one year but less than seven years
of fixed-term imprisonment. In serious cases, those offenders
are to be sentenced to more than seven years but less than
10 years of fixed-term imprisonment. Individuals who have
engaged in graft with a amount of more than 1,000 yuan but
less than 10,000 yuan may receive a reduced punishment or
be exempted from punishment if they express repentance after
having committed crimes and actively returning the illegally
obtained money. However, they will receive administrative
action to be decided by the unit to which they belong or the
higher administrative organ.
(4) Individuals who have engaged in graft with an amount
of less than 5,000 yuan, with the situation being serious,
are to
be sentenced to less than two years of fixed-term imprisonment
or criminal detention. In lighter cases, they will be given
administrative action to be decided by the unit to which they
belong or the higher administrative organ.
Toward those who have committed repeated crimes of graft,
all amounts of graft of unhandled cases are to be added in
meting
out punishment.
Article 384. State personnel who take advantage of their
office and misappropriate public funds for personal use or
illegal
activities or misappropriate large amounts of public funds
without returning the money within three months are guilty
of the crime
of embezzlement and are to be sentenced to not more than five
years of fixed-term imprisonment or criminal detention. In
serious cases, those offenders are to be sentenced to more
than five years of fixed-term imprisonment. Those who
misappropriate a large amount of public funds without returning
the money are to be sentenced to more than 10 years of
fixed-term imprisonment or life imprisonment.
Those who misappropriate funds for relief of natural disasters,
flood prevention, preferential treatment to military dependents,
helping the poor and aid supplies for personal use are to
be punished in a severe manner.
Article 385. State personnel who take advantage of their
office to demand money and things from other people or if
they
illegally accept money and things from other people and give
favors to the latter are guilty of the crime of bribery.
State personnel in their economic operation accept various
kinds of kickback and handling fees for their personal use
in
violation of state provisions also guitly of the crime of
bribery and are to be punished accordingly.
Article 386. Whoever commits the crime of accepting bribes
is to be punished on the basis of Article 383 of this law
according to the amount of bribes and the circumstances.
A heavier punishment shall be given to whoever demands a
bribe.
Article 387. State organs, state-owned companies, enterprises,
institutions, and people's organizations which exact or illegally
accept articles of property from other people and try to obtain
gain for other people shall be sentenced to a fine if the
circumstances are serious; moreover, their personnel who are
directly in charge and other personnel who are directly held
responsible for the crime are to be sentenced to not more
than five years of fixed-term imprisonment or to criminal
detention.
In economic activities, should the units listed in the preceding
paragraph secretly accept, outside the account, kickback or
service charges of various types, they are to be punished
as having accepted a bribe on the basis of the provisions
in the
preceding paragraph.
Article 388. State functionaries who help trustors to seek
illegitimate gain, exact or accept articles of property from
trustors
by taking advantage of the facilities created by their authority
of office or position, or through the action related to the
post of
other state functionaries, shall be dealt with according to
the crime of accepting bribes.
Article 389. An act of giving state functionaries articles
of property in order to seek illegitimate gain shall be considered
a
crime of offering bribes.
In economic activities, whoever gives articles of property
to state functionaries in violation of state provisions, when
the amount
is fairly large, or gives a kickback or service charges of
various types to state functionaries in violation of state
provisions is to
be dealt with as committing the crime of offering bribes.
Whoever gives articles of property to state functionaries
due to extortion but receives no illegitimate gain shall not
be considered
as committing the crime of offering bribes.
Article 390. Whoever commits the crime of offering bribes
is to be sentenced to not more than five years of fixed-term
imprisonment or to criminal detention; whoever offers bribes
to seek illegitimate gain, when the circumstances are serious,
or
causes great damage to state interests, is to be sentenced
to not less than five years and not more than 10 years of
fixed-term
imprisonment, or to not less than 10 years of fixed-term imprisonment
or life imprisonment when the circumstances are
extremely serious, and may in addition be sentenced to confiscation
of property.
Before prosecution, offenders in offering bribes who take
the initiative to admit their crime may receive a lighter
punishment or
be exempted from punishment.
Article 391. To seek illegitimate gain, whoever gives articles
of property to state organs, state-owned companies, enterprises,
institutions, and people's organizations, or in economic activities
gives kickbacks or service charges in violation of state
provisions, is to be sentenced to not more than three years
of fixed-term imprisonment or to criminal detention.
Whichever unit commits the crime mentioned in the preceding
paragraph is to be sentenced to a fine, and the responsible
persons who are directly in charge of the unit or other personnel
who are held directly responsible for the crime shall be
punished on the basis of the preceding paragraph.
Article 392. Whoever introduces bribery to state functionaries,
when the circumstances are serious, is to be sentenced to
not
more than three years of fixed-term imprisonment or to criminal
detention.
Before prosecution, if the person introducing bribery to
state functionaries takes the initiative to admit his/her
crime, he or she
may receive a lighter punishment or be exempted from punishment.
Article 393. To seek illegitimate gain, any unit which offers
bribes or gives kickback or service charges to state functionaries
in violation of state provisions, when the circumstances are
serious, is to be sentenced to a fine, and the personnel directly
in
charge of the unit or other personnel who are directly held
responsible for the crime are to be sentenced to not more
than five
years of fixed- term imprisonment or to criminal detention.
In case the income obtained illegally through bribery is received
by
an individual, the individual shall be punished according
to the crime stipulated in Article 389 and Article 390 of
this law.
Article 394. State functionaries who accept gifts in the
course of carrying out official duties at home or in intercourse
with
foreign countries but who fail to turn over the gifts to the
state in accordance with state provisions, when the amount
is fairly
large, shall be punished in accordance with the crimes stated
in Article 382 and Article 383 of this law.
Article 395. When the property or expenses of state functionaries
clearly exceed their legitimate income, when the difference
is huge, they shall be ordered to explain the sources of their
property. When state functionaries fail to explain the legitimacy
of
their property, that part of property shall be considered
an illegal income, and they themselves shall be sentenced
to not more
than five years of fixed-term imprisonment or to criminal
detention, and the difference must be handed over to the state.
State functionaries who have savings deposits in foreign
countries must declare their deposits according to state provisions.
Those who hide their deposits of this nature by not declaring
them are to be sentenced to not more than two years of fixed-term
imprisonment or to criminal detention; when the circumstances
are not serious, they shall be given administrative punishment
by
the unit to which they belong or by a competent organ of a
higher level according to the circumstance.
Article 396. State organs, state-owned companies, enterprises,
business units, and mass organizations which violate state
regulations by privately distributing state assets to groups
of individuals in the name of the units, where the amounts
involved are
fairly large, the principal personnel directly responsible
and other personnel with direct responsibility shall be sentenced
to not
more than three years of fixed-term imprisonment or criminal
detention, and may in addition or exclusively be sentenced
to a
fine; and when huge amounts are involved, not less than three
years and not more than seven years of fixed-term imprisonment,
and may in addition be sentenced to a fine.
Judicial organizations and administrative and law enforcement
organizations which violate state stipulations by privately
distributing to groups of individuals fines and confiscated
goods that should be turned over to the higher authorities,
shall be
punished in accordance with the stipulations of the preceding
paragraph.
Chapter IX Crimes of Dereliction of Duty
Article 397. State personnel who abuse their power or neglect
their duties, causing great losses to public property and
the
state's and people's interests, shall be sentenced to not
more than three years of fixed-term imprisonment or criminal
detention;
and when the circumstances are exceptionally serious, not
less than three years and not more than seven years of fixed-term
imprisonment. Where there are separate stipulations under
this law, these stipulations shall be followed.
State personnel who practice favoritism and commit irregularities
and the crimes mentioned in the preceding paragraph shall
be
sentenced to not more than five years of fixed-term imprisonment
or criminal detention, and when the circumstances are
exceptionally serious, not less than five years and not more
than 10 years of fixed-term imprisonment.
Where there are separate stipulations under this law, these
stipulations shall be followed.
Article 398. State personnel who violate the stipulations
of the Law of Protection of State Secrets and intentionally
or
negligently reveal state secrets, and when the circumstances
are serious, shall be sentenced to not more than three years
of
fixed-term imprisonment or criminal detention; and when the
circumstances are exceptionally serious, not less than three
years
and not more than seven years of fixed-term imprisonment.
Non-state personnel who commit the crime mentioned in the
preceding paragraph shall be punished in consideration of
the
circumstances and in accordance with the stipulations of the
preceding paragraph.
Article 399. Judicial personnel who act with partiality and
defeat the ends of justice and bend the law for the benefit
of
relatives or friends, subjecting to prosecution persons they
clearly know to be innocent or intentionally protecting from
prosecution persons they clearly know to be guilty, or, intentionally
go against facts and laws in criminal trials to render
judgments that misuse the law, shall be sentenced to not more
than five years of fixed-term imprisonment or criminal detention,
and when the circumstances are serious, not less than five
years and not more than 10 years of fixed-term imprisonment;
and in
exceptionally serious circumstances, not less than 10 years
of fixed-term imprisonment.
Whoever intentionally goes against facts and laws in civil
and administrative trials to render judgments that misuse
the law, and
when the circumstances are serious, shall be sentenced to
not more than five years of fixed-term imprisonment; and in
exceptionally serious circumstances, not less than five years
and not more than 10 years of fixed-term imprisonment.
Judicial personnel who take bribes and bend the law and commit
the crimes mentioned in the two preceding paragraphs, and
meanwhile constituting the crimes mentioned in Article 385
of this law, shall be convicted and punished in accordance
with the
stipulations for a heavier penalty.
Article 400. Judicial work personnel who release without
authority crime suspects, accused persons, or criminals from
custody shall be punished with imprisonment or criminal detention
of less than five years; or -- for cases of a serious nature
--
with imprisonment of over five years and less than 10 years;
or -- for cases of an extraordinary serious nature -- with
imprisonment of over 10 years.
Judicial work personnel who, because of serious irresponsibility,
cause the escape of crime suspects, accused persons, or
criminals from custody resulting in severe consequences, shall
be punished with imprisonment or criminal detention of less
than
three years; or -- for cases causing extraordinary serious
consequences -- with imprisonment of over three years and
less than
10 years.
Article 401. Judicial work personnel who, because of favoritism
and malpractice, offer commutation, parole, or out-of-prison
enforcement for offenses that fail to meet requirements of
such commutation, parole, or out-of-prison enforcement, shall
be
punished with imprisonment or criminal detention of less than
three years; or -- for cases of a serious nature -- with
imprisonment of over three years and less than seven years.
Article 402. Administrative law enforcement personnel who,
because of favoritism and malpractice, fail to refer cases
to
judicial organs for establishing criminal liabilities under
the law, shall -- in cases of a serious nature -- be punished
with
imprisonment or criminal detention of less than three years;
or -- where serious consequences have been caused -- with
imprisonment of over three years and less than seven years.
Article 403. State organ work personnel under relevant competent
state departments, who, because of favoritism,
malpractice, and abuse of powers, approve or register the
incorporation or registration of companies that fail to meet
conditions
required by law, or approve their applications for issuance
of shares or bonds, or listing resulting in serious losses
to public
property and interests of the state and the people, shall
be punished with imprisonment or criminal detention of less
than five
years.
Personnel directly in charge of a department of a higher
level that forcibly order registration organs or their work
personnel to
commit acts of the preceding paragraph shall be punished according
to provisions of the preceding paragraph.
Article 404. Work personnel of tax organs, who, because of
favoritism and malpractice, fail to impose or impose less
mandatory taxes resulting in serious losses of state revenues,
shall be punished with imprisonment or criminal detention
of less
than five years; or -- in cases causing extraordinary serious
losses -- with imprisonment of over five years.
Article 405. Work personnel of tax organs, who, in violation
of provisions under the law and administrative rules, cause
great
losses to state interests in handling work relating to sale
of invoices, tax offsetting, and export tax refund as a result
of favoritism
and malpractice, shall be punished with imprisonment or criminal
detention of less than five years; or -- in cases causing
extraordinary serious losses to state interests -- with imprisonment
of over five years.
Other state organ work personnel, who, in violation of state
stipulations, practice favoritism and malpractice in work
relating to
export tax refunds, including provision of customs declaration
bills for export goods, and verification and cancellation
of
exchange earnings through export, resulting in serious losses
to state interests, shall be punished according to the provisions
of
the preceding paragraph.
Article 406. Work personnel of state organs, who, because
of serious irresponsibility, have been deceived in the course
of
entering or executing agreements, resulting in serious losses
to state interests, shall be punished with imprisonment or
criminal
detention of less than three years; or -- for cases causing
extraordinary serious losses to state interests -- with imprisonment
of
over three years and less than seven years.
Article 407. Work personnel of departments in charge of forest
industry, who, in violation of provisions under the Forest
Law, issue logging licenses in excess of approved annual quotas
or indiscriminately issue logging licenses, shall -- in cases
of a
serious nature that cause severe damages to forests -- be
punished with imprisonment or criminal detention of less than
three
years.
Article 408. Work personnel of state organs in charge of
environmental protection and supervision, whose serious
irresponsibility has resulted in serious consequences, including
severe environmental pollution that causes serious damages
to
public and private property or human casualties, shall be
punished with imprisonment or criminal detention of less than
three
years.
Article 409. Government work personnel of public health administrative
departments engaging in the prevention and treatment
of infectious diseases, whose serious irresponsibility has
resulted in the communication and spread of infectious diseases,
shall --
in cases of a serious nature -- be punished with imprisonment
or criminal detention of less than three years.
Article 410. State organ work personnel, who practice favoritism
and malpractice, violate land management rules, and abuse
powers in illegally approving land acquisition and occupation,
or illegally leasing out land use rights at a price lower
than market
value, shall -- in cases of a serious nature -- be punished
with imprisonment or criminal detention of less than three
years; or --
for cases causing extraordinary heavy losses to state or collective
interests -- with imprisonment of over three years and less
than seven years.
Article 411. Customs work personnel who practice favoritism
and malpractice in conniving smuggling, shall, -- for cases
of a
serious nature -- be punished with imprisonment or criminal
detention of less than five years; or -- for cases of an extraordinary
serious nature -- be punished with imprisonment of over five
years.
Article 412. Work personnel with state commercial inspection
departments or organizations, who practice favoritism and
malpractice and forge inspection results, shall be punished
with imprisonment or criminal detention of less than five
years; or --
for cases of a serious nature -- with imprisonment of over
five years and less than 10 years.
Work personnel mentioned in the preceding paragraph, who,
because of serious irresponsibility, fail to inspect goods
requiring
inspection, or delay inspection and issuance of certificates,
or wrongly issue certificates resulting in serious losses
to state
interests, shall be punished with imprisonment or criminal
detention of less than three years.
Article 413. Quarantine personnel with animal and plant quarantine
organs, who practice favoritism and malpractice in forging
quarantine results, shall be punished with imprisonment or
criminal detention of less than five years; or -- in cases
with serious
consequences -- with imprisonment of over five years and less
than 10 years.
Work personnel mentioned in the preceding paragraph, who,
because of serious irresponsibility, fail to carry out quarantine
on
goods requiring quarantine, or delay quarantine and issuance
of certificates, or wrongly issue certificates resulting in
serious
losses to state interests, shall be punished with imprisonment
or criminal detention of less than three years.
Article 414. State organ work personnel charged with the
responsibility of establishing liabilities of criminal acts
relating to the
sale of fake and shoddy merchandise, who practice favoritism
and malpractice and fail to perform their duties under the
law,
shall -- in cases of a serious nature -- be punished with
imprisonment or criminal detention of less than five years.
Article 415. State organ work personnel charged with the
responsibility of handling passports, visas, and other exit/entry
documents, who knowingly grant exit/entry documents to personnel
attempting to cross state (border) lines illegally; or state
organ work personnel of frontier defense or customs, who knowingly
let go personnel who try to cross state (border) lines
illegally, shall be punished with imprisonment or criminal
detention of less than three years; or -- in cases of a serious
nature --
with imprisonment of over three years and less than seven
years.
Article 416. State organ personnel charged with the responsibility
of rescuing abducted or kidnapped women and children,
who fail to act at the request of the abducted or kidnapped
women or children or members of their family or at information
received from members of the public, resulting in serious
consequences, shall be punished with imprisonment or criminal
detention of less than five years.
State organ work personnel with rescue responsibility, who
take advantage of their duties to obstruct rescue operations,
shall be
punished with imprisonment of over two years and less than
seven years; or -- for less serious cases -- with imprisonment
or
criminal detention of less than two years.
Article 417. State organ personnel charged with the responsibility
of investigating and banning criminal activities, who send
secret information or tip off criminal elements, or provide
facility to help them evade punishment, shall be punished
with
imprisonment or criminal detention of less than three years;
or -- in cases of a serious nature -- with imprisonment of
over three
years and less than 10 years.
Article 418. State organ work personnel who practice favoritism
and malpractice in recruiting government functionaries or
students, shall -- in cases of a serious nature -- be punished
with imprisonment or criminal detention of less than three
years.
Article 419. State personnel who cause damage to or loss
of precious cultural relics through serious irresponsibility
shall be
sentenced to not more than three years in prison or criminal
detention if the circumstances are serious.
Chapter X Crimes of Violation of Duty by Military Personnel
Article 420. Acts by military personnel of endangering national
and military interests in violation of their duties which
are
punishable by law are considered crimes in violation of duty
by military personnel.
Article 421. Those who endanger military operations in defiance
of orders in wartime shall be sentenced to not less than three
years and not more than 10 years in prison. If they cause
major losses in combat or battle, they shall be sentenced
to not less
than 10 years in prison, life imprisonment, or death.
Article 422. Those who endanger military operations by deliberately
concealing military information, providing false military
information, refusing to relay military orders, or relaying
false military orders shall be sentenced to not less than
three years and
not more than 10 years in prison. If they cause major losses
in combat or battle, they shall be sentenced to not less than
10
years in prison, life imprisonment, or death.
Article 423. Those who care for nothing but their own lives
on the battleground and lay down their arms and surrender
to the
enemy of their own accord shall be sentenced to not less than
three years and not more than 10 years in prison. If the
circumstances are serious, they shall be sentenced to not
less than 10 years in prison or life imprisonment.
Those who work for the enemy after their surrender shall
be sentenced to not less than 10 years in prison, life imprisonment,
or
death.
Article 424. Those who flee from battle shall be sentenced
to not more than three years in prison. If the circumstances
are
serious, they shall be sentenced to not less than three years
in prison and not more than 10 years in prison. If they cause
major
losses in combat or battle, they shall be sentenced to not
less than 10 years in prison, life imprisonment, or death.
Article 425. Commanders and personnel on duty who cause serious
consequences by leaving their posts without permission
or by neglecting their duties shall be sentenced to not more
than three years in prison or criminal detention. In the event
of
especially serious consequences, they shall be sentenced to
not less than three years and not more than seven years in
prison.
Those who commit the crimes mentioned in the preceding paragraph
in wartime shall be sentenced to not less than five years
in
prison.
Article 426. Those who obstruct commanders or personnel on
duty from performing their duties through violence or
intimidation shall be sentenced to not more than five years
in prison or criminal detention. If the circumstances are
serious, they
shall be sentenced to not less than five years in prison.
In the event of serious injuries or deaths, or other especially
serious
circumstances, they shall be sentenced to life imprisonment
or death. If they commit these acts in wartime, they shall
be given
stiff punishment.
Article 427. Those who cause serious consequences by abusing
their powers and directing their subordinates to engage in
activities in violation of their duties shall be sentenced
to not more than five years in prison or criminal detention.
If the
circumstances are especially serious, they shall be sentenced
to not less than five years and not more than 10 years in
prison.
Article 428. Commanders who cause serious consequences by
turning away from battle or acting passively in combat in
defiance of orders shall be sentenced to not more than five
years in prison. In the event of major losses in combat or
battle, or
other especially serious circumstances, they shall be sentenced
to not less than five years in prison.
Article 429. The commanders of those who cause friendly forces
to suffer major losses by not coming to their rescue on the
battleground, although they know that they are in imminent
danger, are asking for rescue, and can be rescued, shall be
sentenced to not more than five years in prison.
Article 430. Those who endanger national and military interests
by leaving their posts without permission, fleeing the country,
or defecting while outside the country during the course of
performing official duties shall be sentenced to not more
than five
years in prison or criminal detention.
If the circumstances are serious, they shall be sentenced
to not less than five years in prison.
In the event of desertion by aircraft or on board vessels,
or other especially serious circumstances, those involved
shall be
sentenced to not less than 10 years in prison, life imprisonment,
or death.
Article 431. Those who illegally obtain military secrets
by stealing, spying, or buying such secrets shall be sentenced
to not
more than five years in prison. If the circumstances are serious,
they shall be sentenced to not less than five years and not
more
than 10 years in prison.
If the circumstances are especially serious, they shall be
sentenced to not less than 10 years in prison.
Those who steal, spy, or buy military secrets for overseas
institutions, organizations, or personnel, and illegally provide
such
secrets to them shall be sentenced to not less than 10 years
in prison, life imprisonment, or death.
Article 432. Those who leak military secrets by design or
by accident in violation of laws and regulations on protecting
state
secrets shall be sentenced to not more than five years in
prison or criminal detention if the circumstances are serious.
If the
circumstances are especially serious, they shall be sentenced
to not less than five years and not more than 10 years in
prison.
Those who commit the crime mentioned in the preceding paragraph
in wartime shall be sentenced to not less than five years
and
not more than 10 years in prison. If the circumstances are
especially serious, they shall be sentenced to not less than
10 years in
prison or life imprisonment.
Article 433. Those who fabricate rumors to mislead people
and shake the morale of troops in wartime shall be sentenced
to
not more than three years in prison. If the circumstances
are serious, they shall be sentenced to not less than three
years and not
more than 10 years in prison.
Those who fabricate rumors to mislead people and shake the
morale of troops in collusion with the enemy shall be sentenced
to
not less than 10 years in prison or life imprisonment. If
the circumstances are especially serious, they may be sentenced
to death.
Article 434. Those who inflict injuries on themselves to
eschew military duties in wartime shall be sentenced to not
more than
three years in prison. If the circumstances are serious, they
shall be sentenced to not less than three years and not more
than
seven years in prison.
Article 435. Those who desert their troops in violation of
military service laws and regulations shall be sentenced to
not more
than three years in prison or criminal detention if the circumstances
are serious.
Those who commit the crime mentioned in the preceding paragraph
in wartime shall be sentenced to not less than three years
and not more than seven years in prison.
Article 436. Those who violate regulations on the use of
weaponry in circumstances that are so serious as to constitute
accidents through negligence that result in serious injuries
or deaths or that cause other serious consequences shall be
sentenced
to not more than three years in prison or criminal detention.
If the consequences are especially serious, they shall be
sentenced
to not less than three years and not more than seven years
in prison.
Article 437. Those who cause serious consequences by changing
the prescribed ways of using weaponry in violation of
weaponry management regulations shall be sentenced to not
more than three years in prison or criminal detention. If
the
circumstances are especially serious, they shall be sentenced
to not less than three years and not more than seven years
in
prison.
Article 438. Those who steal or snatch weaponry or war materiel
shall be sentenced to not more than five years in prison or
criminal detention. If the circumstances are serious, they
shall be sentenced to not less than five years and not more
than 10
years in prison. If the circumstances are especially serious,
they shall be sentenced to not less than 10 years in prison,
life
imprisonment, or death.
Those who steal or snatch firearms, ammunition, or explosives
shall be punished in accordance with the provisions in Article
127 of this law.
Article 439. Those who illegally sell or transfer military
weaponry shall be sentenced to not less than three years and
not more
than 10 years in prison. In the event of selling or transferring
large quantities of weaponry, or other especially serious
circumstances, they shall be sentenced to not less than 10
years in prison, life imprisonment, or death.
Article 440. Those who abandon weaponry in defiance of orders
shall be sentenced to not more than five years in prison or
criminal detention. In the event of abandoning important weaponry
or large quantities of weaponry, or other serious
circumstances, they shall be sentenced to not less than five
years in prison.
Article 441. In the event of failure to promptly report loss
of weaponry, or other serious circumstances, those involved
shall
be sentenced to not more than three years in prison or criminal
detention.
Article 442. In the event of selling or transferring military
real estate without permission in violation of relevant provisions,
and
if the circumstances are serious, the people directly responsible
shall be sentenced to not more than three years in prison
or
criminal detention. If the circumstances are especially serious,
they shall be sentenced to not less than three years and not
more
than 10 years in prison.
Article 443. Those who abuse their powers and maltreat their
subordinates in vicious circumstances that result in serious
injuries or give rise to other serious consequences shall
be sentenced to not more than five years in prison or criminal
detention.
If deaths result, they shall be sentenced to not less than
five years in prison.
Article 444. Persons directly responsible for the intentional
abandonment of injured or sick servicemen on battlefields,
if the
case is serious, are to be sentenced to five years or fewer
in prison.
Article 445. Those working in medical aid or medical treatment
positions during wartime who refuse to save or treat seriously
injured or critically sick servicemen when conditions permit
them to do so are to be sentenced to five years or fewer in
prison or
put under criminal detention. If the case results in serious
disability, death, or other grave consequences of the injured
or sick
servicemen, those responsible are to be sentenced to five
to 10 years in prison.
Article 446. Those cruelly injuring innocent residents or
looting innocent residents' money or other property on military
action
areas are to be sentenced to five years or fewer in prison.
If the case if serious, they are to be sentenced to five to
10 years in
prison. If the case is extraordinarily serious, they are to
be sentenced to 10 years or more in prison, given a life sentence,
or
sentenced to death.
Article 447. Those releasing prisoners of war without authorization
are to be sentenced to five years or fewer in prison. Those
releasing important prisoners of war or many prisoners of
war, or those involved in other serious cases, are to be sentenced
to
five years or more in prison.
Article 448. Those mistreating prisoners of war, if the case
is serious, are to be sentenced to three years or fewer in
prison.
Article 449. During wartime, convicted servicemen who are
sentenced to three years or fewer in prison, who pose no
practical dangers, and whose sentence is suspended, are allowed
to redeem themselves by good service. If they prove to have
done meritorious service, their original sentence may be rescinded
and they may not be considered to have committed a crime.
Article 450. This chapter applies to active duty military
officers, civilian cadres, soldiers, and cadets with military
status of the
Chinese People's Liberation Army [PLA]; active duty military
officers, civilian cadres, soldiers, and cadets with military
status in
the Chinese People's Armed Police; and personnel of the reserve
force and other personnel carrying out military tasks.
Article 451. Wartime as mentioned in this chapter refers
to the time after the state has declared the state of war,
troops have
been assigned with combat missions, or when the country is
suddenly attacked by enemy.
The time during which troops carry out marshal law missions
or handle emergency violence is considered wartime.
Supplementary Articles
Article 452. This law will go into effect as of October 1,
1997.
Regulations, supplementary provisions, and decisions made
by the National People's Congress Standing Committee that
are
listed in appendix one of this law have either been included
in this law or are no longer applicable; therefore they are
to be
nullified as of the date when this law goes into effect.
Supplementary provisions and decisions made by the National
People's Congress Standing Committee that are listed in
appendix two of this law are to be retained. Among them, provisions
governing administrative punishment and measures
continue to be effective; provisions governing criminal liability
have been included in this law and therefore provisions in
this law
will apply as of the date when this law goes into effect.
Appendix I
The following regulations, supplementary provisions, and
decisions, made by National People's Congress Standing
Committee, have either been included in this law or are no
longer applicable; therefore they are to be nullified as of
the date when this law goes into effect
1. PRC Provisional Regulations on Punishing Military Personnel
for Violation of Duty;
2. Decision on Severely Punishing Criminals Seriously Undermining
the Economy;
3. Decision on Severely Punishing Criminal Elements Seriously
Compromising Social Order;
4. Supplementary Provisions on Cracking Down on the Crime
of Smuggling;
5. Supplementary Provisions on Cracking Down on the Crime
of Corruption or Bribery;
6. Supplementary Provisions on Cracking Down on the Crime
of Letting Out State Secrets;
7. Supplementary Provisions on Cracking Down on the Crime
of Killing Rare and Endangered Wildlife That Are
Selectively Under the State's Protection;
8. Decision on Cracking Down on the Crime of Insulting the
PRC National Flag or Emblem;
9. Supplementary Provisions on Cracking Down on the Crime
of Robbing Ancient Cultural Ruins or Ancient Tombs;
10. Decision on Punishing Criminal Elements Hijacking Aviation
Vehicles;
11. Supplementary Provisions on Cracking Down on the Crime
of Counterfeiting Registered Trade Marks;
12. Decision on Cracking Down on the Crime of Producing or
Selling Counterfeit or Inferior Commodities;
13. Decision on Cracking Down on the Crime of Infringing
on Copyright;
14. Decision on Cracking Down on the Crime of Violating the
Company Law;
15. Decision on Handling Escaped Criminals Under Reform Through
Labor or People Under Education Through Labor,
or Those Who Commit Crimes Again.
Appendix II
The following supplementary provisions and decisions, made
by the National People's Congress Standing
Committee, are to be retained. Among them, provisions governing
administrative punishment and measures
continue to be effective; provisions governing criminal liability
have been included in this law and therefore
provisions in this law will apply as of the date when this
law goes into effect.
1. Decision on Prohibiting Drugs;
2. Decision on Punishing Criminal Elements Committing Smuggling,
Producing, Selling, or Disseminating Obscene
Materials;
3. Decision on Punishing Criminal Elements Committing Abduction
and Selling or Kidnapping of Women or Children;
4. Decision on Strictly Prohibiting Prostitution and Whorehouse
Visiting;
5. Supplementary Provisions on Cracking Down on the Crime
of Evading Taxes or Refusing to Pay Taxes;
6. Supplementary Provisions on Severely Cracking Down on
the Crime of Organizing People to Illegally Cross National
Borders (Frontiers) or of Illegally Shipping People Across
National Borders (Frontiers);
7. Decision on Cracking Down on the Crime of Undermining
the Financial Order;
8. Decision on Cracking Down on the Crime of the Fraudulent
Issuance of, Forging, or Illegally Selling Invoices
Exclusively for Value-Added Taxes.
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